Obst et al v. Nebraska Department of Corrections et al

Filing 32

MEMORANDUM AND ORDER. Having dismissed all of the remaining plaintiffs in this case, the case is dismissed without prejudice in its entirety. The court will enter a separate judgment in accordance with this Memorandum and Order. Andre Thomas, Anthony Hancock, Brian Spotts, Chris McWilliams, Cory Mattly, Eric Berning, Ernest Lawrence, Kenneth Capps, Josh Lawver, Justin James Seffron, Kenneth Hoelk, Kurt Brown, Matthew Miller, Adam Koehler, Michael Fleming, Brian Obst, DeAnthony McGuire, and Orlan do Brewer are dismissed from this action and they will not be required to pay the filing fee. Lamont Stuart, Matthew Meyer, Ricky Fletcher, Scott Kornahrens, Thad Junge, Walter Minshall, and William Jordan are dismissed from this action without preju dice for want of prosecution and for failure to comply with an order from this court. They each incurred the obligation to pay the $350.00 filing fee for this action when they declined the opportunity to voluntarily withdraw from the case. The clerk of the court is directed to send a copy of this order to the financial officer at these plaintiffs' place of incarceration. Ordered by Judge John M. Gerrard. (Copy mailed to pro se parties and as directed) (MBM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRIAN OBST, et al.,
Plaintiffs,
v.
NEBRASKA DEPARTMENT OF
CORRECTIONS, FRED BRITTON,
and SCOTT FRAKES,
Defendants.

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4:15CV3054

MEMORANDUM
AND ORDER

This matter is before the court on several documents filed by the plaintiffs in
response to the court’s order dated June 10, 2015. The court provided each non-lead
Plaintiff—Andre Thomas, Anthony Hancock, Brian Spotts, Chris McWilliams, Cory
Mattly, DeAnthony McGuire, Eric Berning, Ernest Lawrence, Josh Lawver, Justin
James Seffron, Kenneth Hoelk, Kurt Brown, Lamont Stuart, Matthew Miller, Matthew
Meyer, Michael Fleming, Orlando Brewer, Ricky Fletcher, Scott Kornahrens, Thad
Junge, Walter Minshall, and William Jordan—with an opportunity to “opt out” of this
group litigation by so advising the court in writing. Each non-lead Plaintiff was
warned that failure to respond to the court’s order would obligate him to pay the full
filing fee and would result in his dismissal from this action for want of prosecution.
(See Filing No. 19.)
The following plaintiffs responded by requesting to be dismissed from this
group litigation: Andre Thomas, Anthony Hancock, Brian Spotts, Chris McWilliams,
Cory Mattly, Eric Berning, Ernest Lawrence, Kenneth Capps, Josh Lawver, Justin
James Seffron, Kenneth Hoelk, Kurt Brown, Matthew Miller, Adam Koehler, and
Michael Fleming. As they were advised, they will be dismissed from this action and
will not be required to pay the filing fee in this matter.

Brian Obst,1 DeAnthony McGuire, and Orlando Brewer did not sign the
Complaint. (See Filing No. 4.) Because it is entirely unclear whether they intended
to join in this group litigation, the court will terminate them as parties to this case and
will not require them to pay the filing fees associated with filing this action.
The following plaintiffs did not respond to the court’s order, despite having
ample time to do so: Lamont Stuart, Matthew Meyer, Ricky Fletcher, Scott
Kornahrens, Thad Junge, Walter Minshall, and William Jordan. These plaintiffs all
signed the Complaint in this matter. (See Filing No. 1-1 at CM/ECF pp. 1-2.) As they
were advised, each of them will be required to pay the $350.00 filing fee for having
initiated this action, and each of them will be dismissed from this case.
IT IS THEREFORE ORDERED that:
1.
Having dismissed all of the remaining plaintiffs in this case, the case is
dismissed without prejudice in its entirety. The court will enter a separate judgment
in accordance with this Memorandum and Order.
2.
Andre Thomas, Anthony Hancock, Brian Spotts, Chris McWilliams,
Cory Mattly, Eric Berning, Ernest Lawrence, Kenneth Capps, Josh Lawver, Justin
James Seffron, Kenneth Hoelk, Kurt Brown, Matthew Miller, Adam Koehler, Michael
Fleming, Brian Obst, DeAnthony McGuire, and Orlando Brewer are dismissed from
this action and they will not be required to pay the filing fee.
3.
Lamont Stuart, Matthew Meyer, Ricky Fletcher, Scott Kornahrens, Thad
Junge, Walter Minshall, and William Jordan are dismissed from this action without
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The court designated Brian Obst as the lead Plaintiff in this case and advised
the parties that Obst could not escape his obligation to pay the filing fee for this
action. However, upon further review of the record, it is apparent that Obst did not
sign the Complaint and it is unclear whether he intended to prosecute this action.
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prejudice for want of prosecution and for failure to comply with an order from this
court. They each incurred the obligation to pay the $350.00 filing fee for this action
when they declined the opportunity to voluntarily withdraw from the case.
4.
The clerk of the court is directed to send a copy of this order to the
financial officer at these plaintiffs’ place of incarceration.
DATED this 11th day of September, 2015.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District
of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The
court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases
to work or directs the user to some other site does not affect the opinion of the court.

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