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17-117 - Keup v. Leftler et al


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17-117 - Keup v. Leftler et al
April 24, 2017
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ORDER - Plaintif's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $15.00 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: May 24, 2017: initial partial filing fee payment due. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in Plaintiff's case will be for the court to conduct an initial review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and Plaintiff's institution. E-mailed to Finance) (KLF)
May 26, 2017
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ORDER that the Plaintiff's motion for extension of time to pay partial filing fee (filing no. 10) is granted. Plaintiff must pay an initial partial filing fee of $15.00 on or before June 24, 2017, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk's office is directed to reset the pro se case management deadline in this case using the following text: June 24, 2017: initial partial filing fee payment due. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in Plaintiff's case will be for the court to conduct an . (Copy mailed to pro se party and as directed)(LAC)initial review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Senior Judge Richard G. Kopf
August 21, 2017
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MEMORANDUM AND ORDER that the clerk of the court shall add Cass County, Nebraska, as a defendant in this action. Plaintiff's claims against defendants Leftler and Davis in their official capacities are dismissed as duplicative of Plaintiff's claims against Cass County, Nebraska. Plaintiff's claims for injunctive and declaratory relief against all defendants are dismissed. Plaintiff's access-to-the-courts claim is dismissed. This matter may proceed to service of process as to Plaintiffs § 1983 First Amendment claim for money damages against Cass County, Nebraska, and defendants Leftler and Davis in their individual capacities for enacting and enforcing against Plaintiff an unconstitutional mail policy that prohibited Plaintiff from including artwork on envelopes containing his outgoing mail. For service of process on Cass County, Nebraska, the clerk of the court is directed to complete a summons form and a USM-285 form for Cass County, Nebraska, using the address "Cass County Clerk, 346 Main Street, Plattsmouth, NE 68048," and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve defendant Cass County, Nebraska, at the office of the Cass County Clerk, 346 Main Street, Plattsmouth, NE 68048. Service may also be accomplished by using any of the following methods: personal, residence, certified mail, or designated delivery service upon the chief executive officer or clerk of Cass County, Nebraska. See Federal Rule of Civil Procedure 4(j)(2); Neb. Rev. Stat. § 25-510.02 (Reissue 2016). For service of process on defendants Leftler and Davis in their individual capacities, the clerk of the court is directed to complete a summons form and a USM-285 form for defendant Leftler and defendant Davis using the address "Cass County Jail, 303 Ave. A, Plattsmouth, NE 68048," and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve defendants Leftler and Davis personally in their individual capacities at the Cass County Jail, 303 Ave. A, Plattsmouth, NE 68048. Service may also be accomplished by using any of the following methods: residence, certified mail, or designated delivery service. See Federal Rule of Civil Procedure 4(e); Neb. Rev. Stat. § 25-508.01 (Reissue 2016). Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 120 days of filing the complaint. However, Plaintiff is granted, on the court's own motion, an extension of time until 120 days from the date of this order to complete service of process. The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk of the court is directed to file under seal any document containing the last-known personal addresses for the defendants. The clerk of the court is directed to set the following pro se case management deadline: December 19, 2017service of process to be completed. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC)
August 29, 2017
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MEMORANDUM AND ORDER that Plaintiff shall have 20 days from the date of this Memorandum and Order to apprise the court of his current address, in the absence of which this matter will be dismissed without prejudice and without further notice. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: September 18, 2017: deadline for informing court of address. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
October 25, 2017
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ORDER that using the addresses specified in Filing No. 12, the Clerk of Court shall send to each defendant a copy of the Judgment entered on September 22, 2017, (Filing No. 17) and a copy of this Order. The defendants need not take further action in this case. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(LAC)