Patmon v. State of Nebraska et al

Filing 11

ORDER granting Patmon's Motion for Extension of Time 8 . Patmon must pay an initial partial filing fee of $6.09 by April 4, 2016. Patmon's Motion for Summary Judgment 9 is denied without prejudice. The clerk of the court is directed to term the motion event appearing at Filing Number 10, which is correspondence from Patmon seeking information as to the status of this case. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(CCB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTHONY LEE PATMON,
Plaintiff,
v.
STATE OF NEBRASKA,
WASHINGTON COUNTY JAIL,
NE, DOUG PETERSON, CAROL
HANNEMAN, TAMMY BADER,
and MIKE ROBINSON,
Defendants.

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8:16CV14

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff Anthony Lee Patmon’s Motion for
Extension of Time, Motion for Summary Judgment, and Motion for Status. (Filing
Nos. 8, 9, and 10.) Patmon’s Motion for Extension of Time (Filing No. 8) is difficult
to decipher, but when liberally construed, it appears he is seeking an extension of time
in which to pay his initial partial filing fee. The court will grant his request.
Patmon’s Motion for Summary Judgment (Filing No. 9) will be denied as
premature because his Complaint has not been served on any of the named defendants.
On February 4, 2016, the court ordered Patmon to pay an initial partial filing fee in
the amount of $6.09. To date, Patmon has not paid this initial partial filing fee. This
case will not proceed any further until he does so.
In addition, following payment of the initial partial filing fee, and before service
of process may occur, the court will conduct an initial review of Plaintiff’s claims to
determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2)
(requiring the court to dismiss any action filed in forma pauperis if it is frivolous or
malicious, fails to state a claim on which relief may be granted, or seeks monetary
relief against a defendant who is immune from such relief).

IT IS THEREFORE ORDERED that:
1.
Patmon’s Motion for Extension of Time (Filing No. 8) is granted.
Patmon must pay an initial partial filing fee of $6.09 by April 4, 2016.
2.
Patmon’s Motion for Summary Judgment (Filing No. 9) is denied
without prejudice.
3.
The clerk of the court is directed to term the motion event appearing at
Filing Number 10, which is correspondence from Patmon seeking information as to
the status of this case.
DATED this 26th day of February, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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