Adams v. Nebraska Department of Corrctional Services

Filing 15

MEMORANDUM AND ORDER - The Clerk's Office is directed to reopen Case Number 8:14CV365 in accordance with this Memorandum and Order. The next step in Case Number 8:14CV365 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. Case Number 8:14CV408 remains pending. However, as previously ordered, P laintiff must show cause why the case should not be dismissed for failure to pay the initial partial filing fee. (See Case No. 8:14CV408, Filing No. 12 .) Plaintiff's response to the order to show cause is due April 1, 2015. The Clerk's Office is directed to terminate the motion events at Case Number 8:14CV365 at Filing No. 14 , and Case Number 8:14CV408 at Filing No. 13 . Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RAFAEL RASHAD ADAMS,
Plaintiff,
v.
NEBRASKA DEPARTMENT OF
CORRECTIONAL SERVICES,
Defendant.

RAFAEL RASHAD ADAMS,
Plaintiff,
v.
NEBRASKA DEPARTMENT OF
CORRECTIONAL SERVICES,
N.D.C.S., DR. MARY FLEARL,
CHRISTINA FERGUSON, Dr., and
DR. RANDY T. KHOL,
Defendants.

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8:14CV365

MEMORANDUM
AND ORDER

8:14CV408

MEMORANDUM
AND ORDER

This matter is before the Court on Plaintiff’s correspondence dated March 2, 2015,
filed in the above-captioned cases. Plaintiff asks the Court why one of his cases was
dismissed for failure to pay the initial partial filing fee. He sets forth that he has paid the
initial partial filing fee. Plaintiff also sets forth that he “received a letter back in January
saying that [his] two cases have combined.” (See Case No. 8:14CV365 at Filing No. 14;
Case No. 8:14CV408 at Filing No. 13.)
The Court’s records reflect that the Court dismissed Case Number 8:14CV365 on
February 12, 2015, because Plaintiff failed to pay the initial partial filing fee and failed to
show cause for his failure to do so within the dates specified by the Court. (See Case No.

8:14CV365 at Filing No. 12.) The Court’s records also reflect the Court received the initial
partial filing fee from Plaintiff on the same date the Court dismissed the case for failure to
pay. (See Case No. 8:14CV365 at Text Entry dated February 12, 2015.) Finally, the
Court’s records reflect that no order consolidating Plaintiff’s two cases has been entered.
Indeed, on January 14, 2015, the Court reassigned Case Number 8:14CV408 to the
undersigned judge for disposition, but did not consolidate the two cases. Rather, as
explained to Plaintiff in an order dated January 15, 2015, Plaintiff filed two separate civil
actions for which he must pay two separate filing fees. (See Case No. 8:14CV365 at Filing
No. 10; Case No. 8:14CV408 at Filing No. 11.)
On the Court’s own motion, because Plaintiff has now paid the initial partial filing
fee, the Court will direct the Clerk’s Office to reopen Case Number 8:14CV365.
As for Case Number 8:14CV408, no initial partial filing fee has been received and,
in accordance with the Court’s order dated March 2, 2015, Plaintiff must show cause why
his case should not be dismissed for failure to pay the initial partial filing fee. (See Case
No. 8:14CV408, Filing No. 12.) Plaintiff’s response to the order to show cause is due April
1, 2015. Accordingly,
IT IS ORDERED:
1.

The Clerk’s Office is directed to reopen Case Number 8:14CV365 in

accordance with this Memorandum and Order. The next step in Case Number 8:14CV365
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.

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2.

Case Number 8:14CV408 remains pending. However, as previously ordered,

Plaintiff must show cause why the case should not be dismissed for failure to pay the initial
partial filing fee. (See Case No. 8:14CV408, Filing No. 12.) Plaintiff’s response to the
order to show cause is due April 1, 2015.
3.

The Clerk’s Office is directed to terminate the motion events at Case Number

8:14CV365 at Filing No. 14, and Case Number 8:14CV408 at Filing No. 13.

DATED this 5th day of March, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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