Franklin v. Frakes et al

Filing 43

MEMORANDUM AND ORDER that Plaintiff shall disregard Filing No. 40 . He does not need to update his address with the court. The case will proceed. Considering this change in events, Defendants shall file a motion for extension of time no later than August 1, 2017, to file a responsive pleading, because the court previously terminated that date as their deadline to file a responsive pleading. The clerk's office is directed to terminate the pro se case management deadline of August 21, 2017: check for address. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSHUA G. FRANKLIN, SR.,
Plaintiff,

8:16CV470

vs.
DIANE SABATKA-RINE, Deputy
Director, In her Individual and Official
Capacity; FRED BRITTEN, Warden, In
his Individual and Official Capacity;
CURT WEES, Unit Administrator, In
his Individual and Official Capacity;
MCCLYMONT, Case Manager;
DENNIS BAKEWELL, and CHARLES
RINE,

MEMORANDUM
AND ORDER

Defendants.
This matter is before the court on its own motion. On July 21, 2017, the
court entered a Memorandum and Order instructing Plaintiff to update his address
within 30 days. (Filing No. 40.) The clerk’s office believed that it did not have a
forwarding address for Plaintiff on file after he was discharged from the Nebraska
Department of Corrections (“NDCS”). However, Plaintiff did inform NDCS of his
forwarding address and NDCS did, in turn, inform the clerk’s office of that address
on a returned envelope addressed to Plaintiff at NDCS. (See Filing No. 39.)
Accordingly,
IT IS THEREFORE ORDERED that:
1.
Plaintiff shall disregard Filing No. 40. He does not need to update his
address with the court. The case will proceed. Considering this change in events,
Defendants shall file a motion for extension of time no later than August 1, 2017,

to file a responsive pleading, because the court previously terminated that date as
their deadline to file a responsive pleading.
2.
The clerk’s office is directed to terminate the pro se case management
deadline of August 21, 2017: check for address.
Dated this 27th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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