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18-047 - Strawder v. Rollins et al


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18-047 - Strawder v. Rollins et al
March 1, 2018
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ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $.01 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, Plaintiffs 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 theappropriate official at Plaintiffs institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: April 2, 2018: 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) (LKO)
March 1, 2018
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MEMORANDUM AND ORDER - Plaintiff's Motion for Discovery (Filing No. 9) and Motion for Transfer to NSP for Medical Reasons (Filing No. 10) are denied. At Plaintiff's request, the Clerk of Court shall return to Plaintiff, at his last-known address, materials Plaintiff represents to be original documents (Filing No. 10 at CM/ECF pp. 3-16). Plaintiff shall not file with the court any further supplemental complaints, briefs, or evidence in this case until initial review has been completed and the court has determined that this matter may proceed. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
April 10, 2018
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ORDER - Plaintiff will have 30 days to show cause why this case should not bedismissed 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 managementdeadline in this case using the following text: May 10, 2018response to show cause order due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
July 11, 2018
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MEMORANDUM AND ORDER - Defendant Lincoln Correctional Center Medical Clinic is dismissed from this action as not subject to suit under 42 U.S.C. § 1983. Plaintiff's claim for money damages against Defendants Rollins, the LCCWarden, Frakes, the NDCS Director, and Taylor in their official capacities is barred by the Eleventh Amendment and is dismissed. Plaintiff's § 1983 deliberate-indifference claim against Defendants LCC Warden, Frakes, NDCS Director, and Taylor in their individual capacities is dismissed because Plaintiff has failed to state a claim upon which relief can be granted. Plaintiff's § 1983 deliberate-indifference claim against Defendants Rollins and Danaher in their individual capacities is dismissed for failure to state a claim upon which relief can be granted. Plaintiff's claim for injunctive relief against Defendants Rollins, the LCC Warden, Frakes, the NDCS Director, and Taylor in their official capacities is denied as moot. Plaintiff's Motion for Leave to Supplement Complaint (Filing No. 18) is denied without prejudice to filing another lawsuit alleging the unrelated claim asserted therein. The Clerk of Court shall edit the caption appearing on the docket sheet for this case to be consistent with the caption appearing on this Memorandum and Order. Judgment shall be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)