King v. Houston et al

Filing 47

ORDER AND JUDGMENT - Tek's Motion to Dismiss (Filing No. 40 ) is granted and judgment is entered in favor of defendants and against plaintiff. King's claims against Tek, Hilgert, and Soyh under 42 U.S.C. § 1981 and 42 U.S.C. § 1983 are dismissed with prejudice. Any remaining state law claims are dismissed without prejudice. King's Motion for Court Order (Filing No. 43 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DONNELL KING,

)
)
Plaintiff,
)
)
v.
)
)
JOANNE HILGERT, MEL SOYH and )
TEK INDUSTRIES, INC.,
)
)
Defendants.
)
______________________________)

4:13CV3061

ORDER AND JUDGMENT

Pursuant to the memorandum opinion entered this date,
IT IS ORDERED:
1) Tek’s Motion to Dismiss (Filing No. 40) is granted
and judgment is entered in favor of defendants and against
plaintiff.
2) King’s claims against Tek, Hilgert, and Soyh under
42 U.S.C. § 1981 and 42 U.S.C. § 1983 are dismissed with
prejudice.

Any remaining state law claims are dismissed without

prejudice.
3) King’s Motion for Court Order (Filing No. 43) is
denied as moot.
Plaintiff is hereby notified that the filing of a
notice of appeal will make him liable for payment of the full
$505.00 appellate filing fee regardless of the outcome of the
appeal.

This is because the Prison Litigation Reform Act

requires an incarcerated civil appellant to pay the full amount
of the $505.00 appellate filing fee by making monthly payments to
the court, even if he or she is proceeding in forma pauperis.
U.S.C. § 1915(b).

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By filing a notice of appeal, plaintiff will

be consenting to the deduction of the $505.00 filing fee from his
prison account by prison officials.
DATED this 11th day of March, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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