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18-199 - Martin v. State of Nebraska Medical Department


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18-199 - Martin v. State of Nebraska Medical Department
May 15, 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 $7.84 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: June 14, 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 institution; E-mailed to Finance) (KLF)
August 3, 2018
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MEMORANDUM AND ORDER - Plaintiff's claim for money damages against Defendant State of Nebraska Medical Department is dismissed for failure to state a claim upon which relief can be granted because such Defendant is not a suable "person" within the meaning of 42 U.S.C. § 1983 and such a claim is barred by the Eleventh Amendment. Plaintiff's claim against Defendant Lancaster County Adult Detention Facility is dismissed for failure to state a claim upon which relief can be granted because such Defendant is not a suable entity under 42 U.S.C. § 1983 and state law. Plaintiff will have 30 days from the date of this Memorandum and Order to file an amended complaint that states a claim upon which relief can be granted against proper defendants. Failure to file an amended complaint will result in dismissal of this action without prejudice and without further notice. The clerk's office is directed to set the following pro se case management deadline - September 7, 2018: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)