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17-319 - Carter v. Muldoon et al


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17-319 - Carter v. Muldoon et al
August 30, 2017
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ORDER that Plaintiff's motion to proceed in forma pauperis (filing no. 2) is denied, pursuant to his written statement within filing no. 2, "Plaintiff can pay the filing fee if the Court permits the case to be filed and the fees to be paid in 15 days." Plaintiff shall pay the $400.00 filing fee within 30 days of the date of this order. Failure to comply with this order will result in Plaintiff being dismissed from this matter without further notice. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: September 29, 2017: deadline for Plaintiff to pay $400.00 filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
September 29, 2017
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MEMORANDUM AND ORDER - that Plaintiff's request for a temporary restraining order contained in his Complaint (Filing No. 1 at CM/ECF p. 18) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
October 5, 2017
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ichard G. Kopf. (Copy mailed to pro se party) (KLF)MEMORANDUM AND ORDER - This matter is dismissed without prejudice because Plaintiff failed to prosecute it diligently and failed to comply with this court's orders. The court will enter judgment by a separate document. Ordered by Senior Judge R
November 2, 2017
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MEMORANDUM AND ORDER - Plaintiff's Objection to Dismissal of Case and Motion to Reopen Closed Case (Filing No. 10) is granted, and the Clerk of Court shall reopen this case. Plaintiff shall immediately send his $400.00 filing fee to the court at the following address: Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Suite 1152, Omaha, NE 68102. The court must be in receipt of Plaintiff's filing fee on or before November 20, 2017, in the absence of which THIS MATTER WILL BE DISMISSED WITHOUT FURTHER NOTICE TO PLAINTIFF. The summons previously filed with the court in Filing No. 6 now appear to be incorrect because Plaintiff's address has changed from 729 Eagle Street to 701 Chief Street in Benkelman, NE 69021. Therefore, along with his filing fee, Plaintiff shall send summons for each defendant to the Clerk of Court, who will then sign, seal, and issue such summons to Plaintiff for service on each of the defendants pursuant to Fed. R. Civ. P. 4. Plaintiff must complete such service of process within 60 days of the date on which Plaintiff's filing fee is received by the Clerk of Court. If Plaintiff wishes to register to use the court's electronic filing system, he should follow the procedure outlined in NEGenR 1.3(b). That is, Plaintiff must complete and sign an attorney registration form available on the court's Web site at www.ned.uscourts.gov/forms>"CM/ECF Registration Form" or from the clerk. Registration constitutes a party's consent to electronic service and waiver of the right to service by personal service or first class mail. Once registration is complete, the court provides a registered user with a login and password that serve as part of the user's electronic signature on documents filed on the System. Plaintiff should note that the name used on the CM/ECF registration form must be exactly the same as the name used in the caption of his Complaintthat is, John M. Carter. Plaintiff may send this registration form to the court along with his $400.00 filing fee. The Clerk of Court shall set a pro se case management deadline as follows: November 20, 2017 - Plaintiff's filing fee due. Case to be transferred off pro se docket. Plaintiff to serve summons within 60 days of Clerk of Court's receipt of filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
November 21, 2017
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ORDER - Plaintiff's Motion to Extend Filing Fee (Filing No. 12) is granted, and Plaintiff may submit his $400.00 filing fee on or before November 22, 2017. Plaintiff advises that his address, as it appears on the summonses previously filed with the court in Filing No. 6, is correct. Therefore, after Plaintiff's filing fee is received, the Clerk of Court shall sign, seal, and issue such summonses to Plaintiff for service on each of the defendants pursuant to Fed. R. Civ. P. 4. Plaintiff must complete such service of process within 60 days of the date on which Plaintiff's filing fee is received by the Clerk of Court. Ordered by Senior Judge Richard G. Kopf. (KLF)
January 3, 2018
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ORDER - that Plaintiff's Motion for Defendants to Properly Preserve and Catalog All Physical Evidence (Filing No. 22) is denied. Ordered by Magistrate Judge Michael D. Nelson. (KLF)
January 31, 2018
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ORDER - The Clerk of Court is directed to enter Plaintiff's requested default pursuant to Federal Rule of Civil Procedure 55(a) against Defendant Nebraska Law Enforcement Training Center. Ordered by Magistrate Judge Michael D. Nelson. (KLF)
March 21, 2018
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MEMORANDUM AND ORDER: The Objection to Magistrate Judge's Order, ECF No. 35, filed by Defendant Nebraska Law Enforcement Training Center, is overruled; The Motion for Default Judgment, ECF No. 41, filed by Plaintiff John Carter, is denied; The Motion to Set Aside Default, ECF No. 33, filed by Defendant Nebraska Law Enforcement Training Center, is granted; and Defendant Nebraska Law Enforcement Training Center shall file a responsive pleading to Carter's Complaint on or before March 28, 2018. Ordered by Chief Judge Laurie Smith Camp. (ADB)
May 1, 2018
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MEMORANDUM AND ORDER - The Objection, ECF No. 50, filed by Plaintiff John Carter is denied. The Motion to Dismiss, ECF No. 26, filed by Defendants William Muldoon and Dave Stolz is granted, in part, as follows: The claim for tortious interference with a business relationship or expectancy against Defendants William Muldoon and Dave Stolz, in their individual capacities, is dismissed, with prejudice. The Motion is otherwise denied. The Motion to Dismiss, ECF No. 51, filed by Defendant Nebraska Law Enforcement Training Center is granted. Defendant Nebraska Law Enforcement Training Center is dismissed from this action. Plaintiff John Carter's claims for damages under 42 U.S.C. § 1983 against Defendants Nebraska Law Enforcement Training Center and William Muldoon and Dave Stolz, in their official capacities, are dismissed, with prejudice. Plaintiff John Carter's claim under 42 U.S.C. § 1983 for prospective injunctive relief and his claim under Nebraska law for tortious interference with a business expectancy against Defendants Nebraska Law Enforcement Training Center and William Muldoon and Dave Stolz, in their official capacities, are dismissed, without prejudice. Defendants William Muldoon and Dave Stolz, in their individual capacities, will respond to the remaining claims on or before May 18, 2018. Ordered by Chief Judge Laurie Smith Camp. (KLF)