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17-447 - Clark v. Nebraska Department of Correction's et al


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17-447 - Clark v. Nebraska Department of Correction's et al
November 29, 2017
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ORDER that the Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $3.43 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: December 29, 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 as directed)(LAC)
January 4, 2018
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y Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) Modified on 1/9/2018 to add the word stricken per Order 9 (LAC).STRICKEN - MEMORANDUM AND ORDER that 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 b
January 9, 2018
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MEMORANDUM AND ORDER that the Plaintiff will have 30 days to show cause why this case should not be dismissed for failure to pay the initial partial filing fee. In the absence of cause shown, this case 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: February 9, 2018: check for response to show cause order. The court's prior Memorandum and Order (Filing No. 7) and Judgment (Filing No. 8) are stricken. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
February 13, 2018
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te under 28 U.S.C. § 1915(e)(2). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)MEMORANDUM AND ORDER that because Plaintiff has now submitted his initial partial filing fee, the court will conduct, in its normal course of business, an initial review of Plaintiff's claims to determine whether summary dismissal is appropria
April 17, 2018
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MEMORANDUM AND ORDER - Defendant Nebraska Department of Correctional Services is dismissed from this action as not subject to suit under 42 U.S.C. § 1983. Plaintiff's claim for money damages against Defendants Baum, Granholm, Frakes, and Ricketts in their official capacities is dismissed as barred by the Eleventh Amendment. Plaintiff's claim based on the Defendants' miscalculation of his goodtime credits is dismissed for failure to state a claim upon which relief can be granted. On or before May 18, 2018, Plaintiff may file an amended complaint to assert his conditions-of-confinement claims against Defendants Baum, Granholm, Frakes, and Ricketts in their individual capacities, in the absence of which this case shall be dismissed without further notice to Plaintiff. If Plaintiff chooses to file an amended complaint, the court will conduct further review of Plaintiff's claims pursuant to 28 U.S.C. § 1915(e) and 1915A in the normal course of business. The Clerk of Court shall set a pro se case-management deadline as follows: May 18, 2018amended complaint due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)