Securities and Exchange Commission v Behrens, et al

Filing 433

ORDER granting in part and denying in part 432 Motion for Relief/Other Update on filing fee. Behren's request for status is granted as set forth in the order. Behren's request for extension of the initial partial filing fee deadline i s denied as moot. Behren's request for transfer of funds is denied. Behren's request for copies is denied. Behren's request for a partial copy of the Court's docket is granted. Ordered by Judge John M. Gerrard. (Copy mailed to Pro Se Defendant.) (KMG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SECURITIES AND EXCHANGE
COMMISSION,
8:08-CV-13
Plaintiff,
vs.

ORDER

BRYAN S. BEHRENS, et al.,
Defendants.
This matter is before the Court on a "Motion for Relief/Other Update on
filing fee" (filing 432) filed by pro se defendant Bryan S. Behrens. Behrens'
motion contains five separate requests: (1) a request for status, (2) a request
for extension of the initial partial filing fee deadline, (3) a request for transfer
of funds, (4) a request for copies, and (5) a request for a partial copy of the
Court's docket. The Court will provide Behrens with a copy of the docket, but
will deny the balance of his motion.
First, Behrens asks for an update on the status of the initial partial
filing fee that the Court directed him to file on or before November 4, 2014.
See filing 429. The Court will grant Behrens' request for status: the Court
received a payment on October 14 that was credited to Behrens' initial partial
filing fee, and finds that Behrens has substantially complied with the Court's
initial partial filing fee deadline. The Court considers that obligation
satisfied, and will continue collecting the balance of the appellate filing fee as
set forth in the Court's order (filing 429) and 28 U.S.C. § 1915(b)(1).
Accordingly, Behrens' second request, for an extension of the filing fee
deadline, is moot.
Next, Behrens makes a peculiar request for $8,000 in receivership
assets to be released to him, claiming that release of the funds was ordered in
January 2008 but that he never received them. Filing 432 at 2. He is wrong.
On January 31, 2008, the Court froze Behrens' assets but ordered that he and
his wife "shall be entitled to withdraw a total of $4,000 per month for
January and February 2008 . . . for reasonable living expenses." Filing 51 at
4. On February 1, the Court released certain specified bank accounts from the

asset freeze, permitting Behrens to withdraw the funds. Filing 53. If he failed
to do so at the time, the Court cannot help him now.1
Fourth, Behrens asks the Court for copies of an enormous number of
documents, purportedly to prepare for his appeal. Filing 432 at 3-4. The
Court will deny this request. Behrens is asking for 567 pages of documents,
and the Court sees no useful purpose for most of them. It is evident to the
Court that Behrens intends to embark on a fishing trip, looking for things to
complain about to the Eighth Circuit that were not objected to in this Court.
And if that's how he wishes to spend his time, the Court can't stop him—but
as has been repeatedly explained, the Court need not pay his litigation
expenses. See 28 U.S.C. § 1915; Lewis v. Precision Optics, Inc., 612 F.2d 1074,
1075 (8th Cir. 1980); see also, Jackson v. Fla. Dep't of Fin. Servs., 479 Fed.
Appx. 289, 292-93 (11th Cir. 2012); Harless v. United States, 329 F.2d 397,
398-99 (5th Cir. 1964); Douglas v. Green, 327 F.2d 661, 662 (6th Cir. 1964);
Hullom v. Kent, 262 F.2d 862, 863-64 (6th Cir. 1959); In re Fullam, 152 F.2d
141, 141 (D.C. Cir. 1945); Parker v. Dir. of Dep't of Corrs, 2010 WL 7746630,
at *1 (E.D. Va. Feb. 16, 2010).2 His request for copies will be denied.
Finally, Behrens asks for a copy of the Court's docket from filing 372 to
present. Filing 432 at 4. That, the Court will provide; the requested
information has been appended to this order.
IT IS ORDERED:
1.

Behrens' "Motion for Relief/Other Update on filing fee"
(filing 432) is granted in part and denied in part, as follows:

Nor, obviously, is the Court persuaded that Behrens actually didn't get the money by
Behrens' bare, unsupported inability to remember it, 6 years later. But even if that was
proved, the Court would be disinclined to offer any relief: the funds were released to pay the
Behrens' reasonable living expenses for January and February 2008. Those expenses are
long past, one way or the other, and Behrens' obligations to his victims remain. Simply put:
if there's actually $8,000 out there with Behrens' name on it, the civil judgment against him
and restitution order will take priority.
1

Behrens also asks for information about how to pay for copies. Pursuant to NEGenR 1.2(f)
and the fee schedule set by the Administrative Office of the United States Courts, the
charge for reproducing any record or paper is 50¢ per page. Paper copies of documents
accessed electronically from the public terminals available in the clerk's office at the U.S.
Courthouse in Lincoln or Omaha during regular business hours may, pursuant to NEGenR
1.3(a)(1)(A)(iii) and the fee schedule for electronic public access set by the Administrative
Office of the United States Courts, be purchased for 10¢ per page.
2

-2-

a.

Behrens' request for status is granted as set forth
above.

b.

Behrens' request for extension of the initial partial
filing fee deadline is denied as moot.

c.

Behrens' request for transfer of funds is denied.

d.

Behrens' request for copies is denied.

e.

Behrens' request for a partial copy of the Court's
docket is granted.

Dated this 5th day of November, 2014.
BY THE COURT:

John M. Gerrard
United States District Judge

-3-

APPEAL,CLOSED,NEBRASKADOCKET,PROTECTIVEORDER,TRIAL−OMAHA,USAPLAINTIFF

U.S. District Court
District of Nebraska (8 Omaha)
CIVIL DOCKET FOR CASE #: 8:08−cv−00013−JMG−CRZ
Securities and Exchange Commission v. Behrens, et al
Assigned to: Judge John M. Gerrard
Referred to: Magistrate Judge Cheryl R. Zwart
Case in other court: USCA − 8th Circuit, 13−02450
USCA−8th Circuit, 14−03299
USDC−NE, 8:13cv72
Cause: 15:78m(a) Securities Exchange Act
Date Filed

#

Date Filed: 01/10/2008
Date Terminated: 07/17/2014
Jury Demand: Plaintiff
Nature of Suit: 850
Securities/Commodities
Jurisdiction: U.S. Government Plaintiff

Docket Text

11/08/2013

372 ORDER − The receiver is directed not to destroy any files or records until further
order of the Court. The receiver is directed to respond to Behren's motion (filing 371 ),
specifically addressing: (a) Behrens' stated grounds for resisting destruction of the
documents, and (b) whether it is feasible to transfer the documents to Behrens or an
associate of Behrens. The receiver's response shall be filed, absent any request for
extension, on or before November 22, 2013. Ordered by Judge John M. Gerrard.
(Copy mailed to pro se party)(GJG) (Entered: 11/08/2013)

11/12/2013

373 MOTION to Set Aside Judgment filed by Defendant Bryan S. Behrens. (GJG)(This
motion is one of three identical documents received) Modified on 11/20/2013 attach #
1 Paper copy of fax document previously filed as filing 373 (GJG). (Entered:
11/14/2013)

11/19/2013

374 MEMORANDUM AND ORDER − Behrens' motion for relief under Fed. R. Civ. P.
60(b) (filing 373 ) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro
se party)(GJG) (Entered: 11/19/2013)

11/20/2013

375 RESPONSE regarding MOTION for Reconsideration 371 , Order, Set/Reset Motion
and R&R Deadlines/Hearings,,,, 372 by Attorney John D. Stalnaker on behalf of
Receiver Thomas D. Stalnaker. (Attachments: # 1 Exhibit Index of
Records)(Stalnaker, John) (Entered: 11/20/2013)

12/09/2013

376 MOTION for Entry of Final Judgment by Attorney Paul W. Kisslinger on behalf of
Plaintiff Securities and Exchange Commission.(Kisslinger, Paul) (Entered:
12/09/2013)

12/09/2013

377 BRIEF in support of MOTION for Entry of Final Judgment 376 by Attorney Paul W.
Kisslinger on behalf of Plaintiff Securities and Exchange Commission.(Kisslinger,
Paul) (Entered: 12/09/2013)

12/09/2013

378 INDEX in support of MOTION for Entry of Final Judgment 376 by Attorney Paul W.
Kisslinger on behalf of Plaintiff Securities and Exchange Commission. (Attachments:
# 1 Affidavit Declaration of Nina B. Finston, # 2 Text of Proposed Order Proposed
Final Judgment)(Kisslinger, Paul) (Entered: 12/09/2013)

12/11/2013

380 NOTICE OF APPEAL regarding Memorandum and Order 374 on behalf of Defendant
Bryan S. Behrens. Defendant's copy of Notice of Appeal mailed to Bryan S. Behrens,
#22932−047, FPC−TERRE HAUTE, Inmate Mail/Parcels, P.O. Box 33, Terre Haute,
IN 47808. (Attachments: # 1 Transmittal Letter from 8th Circuit) (JSF) (Entered:
12/16/2013)

12/16/2013

379 MOTION for Update on behalf of Defendant Bryan S. Behrens. (JSF) (Entered:
12/16/2013)

12/16/2013

381 COPY OF IFP MEMO prepared by Deputy Clerk and sent to District Judge John M.
Gerrard regarding Notice of Appeal to USCA 380 as to Defendant Bryan S. Behrens.
(JSF) (Entered: 12/16/2013)

12/16/2013

382 LETTER by Clerk requesting plaintiff's trust account statement from institution. (JSF)
(Entered: 12/16/2013)

12/17/2013

383 RESPONSE regarding MOTION for Entry of Final Judgment 376 and MOTION for
Clarification, Motion for Hearing, Motion for Discovery, Motion for Counsel, Motion
to stay the Motions filed by the SEC for Final Judgement as premature and objection
to motions filed by Defendant Bryan S. Behrens. (GJG) (Entered: 12/17/2013)

12/19/2013

384 MEMORANDUM AND ORDER regarding Notice of Appeal filing 380 . The
defendant is not entitled to proceed in forma pauperis on appeal. The Clerk of the
Court is directed to forward a copy of this memorandum and order to the Eighth
Circuit Court of Appeals. Ordered by Judge John M. Gerrard. (Copy mailed to pro se
party; sent electronically to the Court of Appeals)(GJG) (Entered: 12/19/2013)

12/19/2013

385 ORDER − The defendant's "Motion for Update" (filing 379 ) is granted. The Clerk of
the Court is directed to provide the defendant with a copy of filing 375 and 375 −1.
The defendant's motion for miscellaneous relief (filing 383 ) is denied. Ordered by
Judge John M. Gerrard. (Copy mailed to pro se party)(GJG) (Entered: 12/19/2013)

12/19/2013

386 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA
regarding Notice of Appeal to USCA, 380 , Memorandum and Order, 384 , Order on
Motion to Set Aside 374 . Notice of Appeal filed on 12/11/2013 by Defendant Bryan
S. Behrens. (GJG) (Entered: 12/19/2013)

12/19/2013

387 NOTICE regarding MOTION for Entry of Final Judgment 376 − Notice by Certain
Investor Victims Regarding Possibly Opposing One or More Aspects of Filing No. 376
by Attorney Patrick E. Brookhouser, Jr on behalf of Interested Parties Phillip Bliss,
Larry Carlson, JoAnn Green, William Green, Lorraine Hopson, Marilyn Katz, Leslie
H. Berry Revocable Trust, Robert Lohrman, Sharon Lohrman, Marlin Lustgraaf,
Bonnie McMahan, Michael McMahan, Rita McSharry, Dee Poole, Jean Poole, Barbara
M. Vacanti, Milo Vacanti (Brookhouser, Patrick) (Entered: 12/19/2013)

12/19/2013

388 ORDER − Response brief's in opposition to the plaintiff's Motion for Entry of a Final
Judgment (filing 376 ) may be filed on or before January 8, 2014. Reply briefs in
support of the plaintiff's motion may be filed on or before January 22, 2014. Absent
any further extensions of time, the plaintiff's motion will be submitted to the Court for
disposition on January 23, 2014. Ordered by Judge John M. Gerrard. (Copy mailed to
pro se party)(GJG) (Entered: 12/20/2013)

12/20/2013

389 MOTION for Leave to Appeal in forma pauperis filed by Defendant Bryan S.
Behrens.(GJG) (Entered: 12/20/2013)

12/20/2013

390 MOTION FOR CLARIFICATION, MOTION FOR A HEARING, MOTION FOR
DISCOVERY, MOTION FOR COUNSEL, MOTION TO STAY THE MOTIONS,
filed by the SEC for FINAL JUDGEMENT AS PREMATURE AND OBJECTION
TO MOTIONS filed by Defendant Bryan S. Behrens. (GJG) (Entered: 12/20/2013)

12/20/2013

391 TEXT ORDER denying as moot 390 Motion for miscellaneous relief. Motion is a
duplicate of 383 motion for miscellaneous relief and has already been denied by the
Court's Order 385 of December 19, 2013. Ordered by Judge John M. Gerrard. (DCD)
(Entered: 12/20/2013)

12/20/2013

392 ORDER − The defendant's motion to proceed in forma pauperis (filing 389 ) is denied.
The Clerk of the Court is directed to send a copy of this order to the Eighth Circuit
Court of Appeals. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party;
transmitted electronically to the 8th Circuit)(GJG) (Entered: 12/20/2013)

12/26/2013

393 SUPPLEMENT TO USCA RECORD (NOTICE OF APPEAL) regarding Order on
Motion to Set Aside 374 on behalf of Defendant Bryan S. Behrens. Defendant's copy
of Notice of Appeal mailed to Bryan S. Behrens, #22932−047, FPC−TERRE HAUTE,
Inmate Mail/Parcels, P.O. Box 33, Terre Haute, IN 47808. (GJG) Modified on
12/27/2013 to change entry at the direction of chambers because filing 393 was an
amended version of the original notice of appeal filing 380 . (GJG). (Entered:
12/26/2013)

12/26/2013

394 MOTION for Leave to Amend Pleading filed by Defendant Bryan S. Behrens. (GJG)
(Entered: 12/26/2013)

12/26/2013

395 COPY OF IFP MEMO prepared by Deputy Clerk and sent to District Judge John M.
Gerrard regarding Notice of Appeal to USCA, 393 as to Defendant Bryan S. Behrens.
(GJG) (Entered: 12/26/2013)

12/30/2013

396 MEMORANDUM AND ORDER denying 394 Motion for Leave to Amend Pleading.
The Clerk of the Court is directed to send a copy of this order to the Eighth Circuit
Court of Appeals. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party
and as directed) (JSF) (Entered: 12/30/2013)

01/02/2014

397 PRISONER ACCOUNT CERTIFICATE AND STATEMENT by Defendant Bryan S.
Behrens. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE
PARTICIPANTS AND THE COURT PURSUANT TO THE E−GOVERNMENT
ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (ADB, ) (Entered:
01/02/2014)

01/08/2014

398 MOTION to Stay Entry of Final Judgment filed by Defendant Bryan S. Behrens.
(GJG) (Additional attachment(s) added on 1/13/2014: # 1 Motion to Stay Entry of
Final Judgment) (TCL, ). (Entered: 01/08/2014)

01/08/2014

399 BRIEF in opposition to MOTION for Entry of Final Judgment 376 by Certain Investor
Victims by Attorney Patrick E. Brookhouser, Jr on behalf of Interested Parties Phillip
Bliss, Larry Carlson, JoAnn Green, William Green, Lorraine Hopson, Marilyn Katz,
Leslie H. Berry Revocable Trust, Robert Lohrman, Sharon Lohrman, Marlin
Lustgraaf, Bonnie McMahan, Michael McMahan, Rita McSharry, Dee Poole, Jean
Poole, Barbara M. Vacanti, Milo Vacanti.(Brookhouser, Patrick) (Entered:
01/08/2014)

01/08/2014

400 BRIEF in opposition to MOTION for Entry of Final Judgment 376 by Attorney
Andrew D. Strotman on behalf of Intervenor Plaintiff Marion Gail
Buchanan.(Strotman, Andrew) (Entered: 01/08/2014)

01/10/2014

401 COPY of Order from USCA − 8th Circuit (14−1083). The $505 appellate filing and
docketing fee has not been paid and is due. Appellant is directed to either pay the fee
in the district court or file a motion for leave to proceed in forma pauperis in this court
within 28 days of the date of this order. If appellant does not pay the fee or move for
IFP status by February 7, 2014, this appeal will be dismissed for failure to prosecute
without further notice. (Attachments: # 1 Transmittal Letter)(GJG) (Entered:
01/13/2014)

01/10/2014

402 COPY of Order from USCA − 8th Circuit (14−1083). If the original file of the United
States District Court is available for review in electronic format, the court will rely on
the electronic version of the record in its review. The appendices required by Eighth
Circuit Rule 30A shall not be required. (GJG) (Entered: 01/13/2014)

01/15/2014

403 REPLY BRIEF in support of MOTION for Entry of Final Judgment 376 by Attorney
Paul W. Kisslinger on behalf of Plaintiff Securities and Exchange
Commission.(Kisslinger, Paul) (Entered: 01/15/2014)

01/27/2014

404 MOTION for Status on behalf of Bryan Behrens.(TCL ) (Entered: 01/28/2014)

01/31/2014

405 Interim MOTION for Release of Funds by Attorney Thomas D. Stalnaker on behalf of
Receiver Thomas D. Stalnaker. (Attachments: # 1 Exhibit Stalnaker Becker & Buresh,
PC Statement)(Stalnaker, Thomas) (Entered: 01/31/2014)

02/10/2014

406 Copy of proposed order regarding MOTION for Entry of Final Judgment 376
Amended Proposed Final Judgment by Attorney Paul W. Kisslinger on behalf of
Plaintiff Securities and Exchange Commission.(Kisslinger, Paul) Modified on
2/13/2014 to reflect what the document actually is. (JAB) (Entered: 02/10/2014)

02/19/2014

407 ORDER − The Ninth Application for Receiver's Compensation and Reimbursement of
Expenses (filing 405 ) is approved. Ordered by Judge John M. Gerrard. (GJG)
Modified on 2/19/2014 to reflect copy mailed to pro se party (GJG). (Entered:
02/19/2014)

02/26/2014

408 COPY of Order (Judgment) from USCA − 8th Circuit (14−1083). The court has
carefully reviewed the original file of the United States District Court and orders that
this appeal be dismissed for lack of jurisdiction. The motion to proceed on appeal in
forma pauperis and the motion for appointment of counsel, filed by Appellant Mr.

Bryan S. Behrens, are denied as moot. The full $505.00 appellate filing and docketing
fees are assessed against the appellant. The court remands the collection of those fees
to the district court. (Attachments: # 1 Transmittal Letter)(GJG) (Entered: 02/26/2014)
02/26/2014

409 ORDER − Behrens' institution shall collect the full $505.00 appellate filing and
docketing fees from him by installment in the manner set forth in 28 U.S.C. §
1915(b)(2), and shall forward those installments to the Court. The Clerk of the Court is
directed to send a copy of this order to the appropriate official at Behrens' institution.
Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as
directed)(GJG) (Entered: 02/26/2014)

05/01/2014

410 STATUS REPORT − 8th by Attorney Thomas D. Stalnaker on behalf of Receiver
Thomas D. Stalnaker.(Stalnaker, Thomas) (Entered: 05/01/2014)

05/13/2014

411 ORDER − The Receiver's Eighth Status Report (filing 410 ) is approved. The receiver
is directed to collect available tail commissions, make a final distribution, and submit a
final report to the Court on or before July 14, 2014. The Clerk of the Court is directed
to set a status report deadline of July 14, 2014. Ordered by Judge John M. Gerrard.
(Copy mailed to pro se party)(GJG) (Entered: 05/13/2014)

05/16/2014

412 COPY of Order from USCA − 8th Circuit (14−1083). The petition for rehearing en
banc is denied, as overlength. The petition for rehearing by the panel is also denied, as
overlength. (GJG) (Entered: 05/19/2014)

05/23/2014

413 MANDATE/JUDGMENT from USCA − 8th Circuit(14−1083). In accordance with
the judgment 408 of 02/26/2014, and pursuant to the provisions of Federal Rule of
Appellate Procedure 41(a), the formal mandate is hereby issued in the above−styled
matter. (JAB) (Entered: 05/23/2014)

06/09/2014

414 MOTION for Relief and Judicial Notice on behalf of Defendant Bryan S. Behrens.
(JSF) (Entered: 06/09/2014)

07/02/2014

415 RESPONSE regarding MOTION for Relief and Judicial Notice 414 by Attorney John
D. Stalnaker on behalf of Receiver Thomas D. Stalnaker.(Stalnaker, John) (Entered:
07/02/2014)

07/10/2014

416 STATUS REPORT − Receiver's Final Report by Attorney Thomas D. Stalnaker on
behalf of Receiver Thomas D. Stalnaker. (Attachments: # 1 Exhibit "A", # 2 Exhibit
"B", # 3 Exhibit "C")(Stalnaker, Thomas) (Entered: 07/10/2014)

07/11/2014

417 MEMORANDUM AND ORDER − Behrens' "Motion for Relief and Judicial Notice"
(filing 414 ) is denied. Behrens' "'EMERGENCY' Motion for Reconsideration, And to
Hault [sic] All destruction of documents" (filing 371 ) is denied as moot. The Court
confirms its own jurisdiction and the receiver's authority to administer the receivership
pursuant to 11 U.S.C. §§ 362(b)(4) and 543(d). The receiver is directed to retain
documents in his possession until a final judgment is entered in this case, at which
time the documents may be given to the bankruptcy trustee, or returned to Behrens or
an agent of Behrens. Ordered by Judge John M. Gerrard. (Copy mailed to pro se
party)(GJG ) (Entered: 07/11/2014)

07/14/2014

418 ORDER − The Receiver's Final Report (filing 416 ) is approved. The receiver's
application for payment of $5,290.07 is approved. Ordered by Judge John M. Gerrard.
(Copy mailed to pro se party)(GJG) (Entered: 07/14/2014)

07/15/2014

419 RESPONSE TO RECEIVERS RESPONSE AND REQUEST FOR RELIEF AND
REQUEST FOR ADDITIONAL RELIEF AND ANSWERS TO QUESTIONS,
INCLUDING THIS COURTS JURISDICTION filed by Defendant Bryan S. Behrens.
(GJG) Modified on 7/18/2014 to add additional attachment as directed by chambers.
(Paper Document received by mail) (GJG). (Entered: 07/15/2014)

07/17/2014

420 MEMORANDUM AND ORDER − The plaintiff's Motion for Entry of a Final
Judgment (filing 376 ) is granted in part, and denied in part. Behrens' motion to stay
(filing 398 ) is denied. The defendants shall pay, jointly and severally, disgorgement of
$6,604,593, and prejudgment interest in the amount of $2,923,956, for a total of
$9,528,549. Any amounts recovered by the plaintiff in satisfaction of this judgment
shall be paid to the defendants' victims on a pro rata basis. Amounts recovered by the
receiver appointed in this case, or paid toward Behrens' criminal restitution award,
shall be credited toward the judgment in this case. The Court's Judgment as to

Defendants and Appointment of Receiver (filing 85 ) is adopted and incorporated
herein. The Court shall retain jurisdiction of this matter for purposes of enforcing the
terms of the final judgment. This case is closed. Pursuant to Fed. R. Civ. P. 59(a), a
separate judgment will be entered. Ordered by Judge John M. Gerrard. (Copy mailed
to pro se party; copy to finance)(GJG) (Entered: 07/17/2014)
07/17/2014

421 JUDGMENT − Pursuant to the Court's memorandum and order entered this day, 420
judgment is entered for the plaintiff and against the defendants, jointly and severally,
in the amount of $9,528,549. Ordered by Judge John M. Gerrard. (Copy mailed to pro
se party)(GJG) (Entered: 07/17/2014)

09/19/2014

422 NOTICE OF APPEAL regarding Judgment 421 , Memorandum and Order 420 on
behalf of Defendant Bryan S. Behrens. (Copy mailed to defendant at FPC−TERRE
HAUTE, Inmate Mail/Parcels, P.O. Box 33, Terre Haute, IN 47808) PART 1 OF 2
(TCL ) (Entered: 09/19/2014)

09/19/2014

423 Certificate of Service and Request for Service on behalf of Defendant Bryan S.
Behrens.(TCL ) (Entered: 09/19/2014)

09/19/2014

424 PRISONER ACCOUNT STATEMENT. ACCESS TO THE PDF DOCUMENT IS
RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO
THE E−GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE
5.2(a). (TCL ) (Entered: 09/19/2014)

09/19/2014

425 COPY OF IFP MEMO prepared by Deputy Clerk and sent to District Judge John M.
Gerrard regarding Notice of Appeal to USCA 422 as to Defendant Bryan S. Behrens.
(TCL ) (Entered: 09/19/2014)

09/19/2014

426 LETTER by Clerk requesting plaintiff's trust account statement from institution.
(Requested by JMG Chambers) (NMW) (Entered: 09/19/2014)

09/22/2014

427 ORDER that the defendant's motion to stay execution of the judgment (filing 422) is
denied. The defendant's "request for service" (filing 423) is denied. The defendant's
request for copies is denied. The defendant's motion to proceed in forma pauperis is
taken under advisement. Ordered by Judge John M. Gerrard. (Copy mailed to pro se
party)(ADB) (Entered: 09/22/2014)

09/29/2014

428 PRISONER ACCOUNT CERTIFICATE by Defendant Bryan S. Behrens. ACCESS
TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND
THE COURT PURSUANT TO THE E−GOVERNMENT ACT AND FEDERAL
RULE OF CIVIL PROCEDURE 5.2(a). (GJG) (Entered: 09/29/2014)

10/02/2014

429 MEMORANDUM AND ORDER − Behrens' request for leave to appeal in forma
pauperis (filing 422 ) is granted. Behrens shall pay an initial partial filing fee of $18.97
by November 4, 2014, unless an enlargement of time is granted in response to a
written motion. The Clerk of the Court is directed to set a case management deadline
of November 4, 2014. After payment of the initial partial filing fee, Behrens'
institution shall collect the additional monthly payments in the manner set forth in 28
U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the Court.
The Clerk of the Court is directed to send a copy of this order to the appropriate
official at Behrens' institution and to the Eighth Circuit Court of Appeals. Ordered by
Judge John M. Gerrard. (Copy mailed to pro se party and as directed)(GJG) (Entered:
10/02/2014)

10/02/2014

430 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA
regarding Memorandum and Order, 429 , Judgment, 421 , Memorandum and Order
420 , and Notice of Appeal to USCA 422 . Notice of Appeal filed on 9/19/2014 by
Defendant Bryan S. Behrens. (GJG)(Copy mailed to pro se party) (Entered:
10/02/2014)

10/15/2014

431 SCHEDULING/LIEU LETTER from USCA − 8th Circuit (14−3299) regarding Notice
of Appeal to USCA 422 . Appellate Docket Number 14−3299 − the Court will
consider this appeal on the original file in lieu of the designation of record.
(Attachments: # 1 Transmittal Letter)(GJG) (Entered: 10/15/2014)

10/30/2014

432 MOTION for Update on filing fee filed by Defendant Bryan S. Behrens. (GJG)
(Entered: 10/30/2014)