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18-088 - Nelson v. The county of Madison, Nebraska


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18-088 - Nelson v. The county of Madison, Nebraska
March 8, 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 $7.80 within 30 days, unless the court extends the time in which she 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: April 9, 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)(LAC)
May 2, 2018
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MEMORANDUM AND ORDER - The clerk of the court will modify the docket sheet to: List Linda Nelson as the sole Plaintiff, by striking the words "all other similar situation" after her name and add "The county of Madison, Nebraska," as Defendant. All claims alleged against Vern Hjorth, Madison County Sheriff, in his individual and official capacities, are dismissed without prejudice and he shall no longer be a party Defendant. Plaintiff's motion to amend complaint (Filing No. 9) is denied without prejudice. Plaintiff's motion for additional time to pay the initial partial filing fee (Filing No. 10) is denied without prejudice, as moot. Plaintiff's motion for appointment of counsel (Filing No. 11) is denied without prejudice. For service of process on Defendant, "The county of Madison, Nebraska," the clerk of the court is directed to complete a summons form and a USM-285 form for said Defendant and forward them together with a copy of the Complaint (Filing No. 1) and a copy of this Memorandum and Order to the Marshals Service. Plaintiff is granted, on the court's own motion, an extension of time until 90 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 set the following pro se case management deadline: July 30, 2018Check for completion of service of process. (Pro Se Case Management Deadline set for 7/30/2018.) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party; Summons and USM-285 with copy of complaint and order to USM as directed) (CS)