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Reaves v. Robitaille

United States District Court, Eighth Circuit

August 30, 2013

DANNY D. REAVES, Plaintiff,
v.
JONATHAN ROBITAILLE, FBI Agent is sued in his individual capacity, MATT CHANDLER, Omaha Police Officer is sued in his individual capacity, FRANCIS GALLO, Bellevue Police Officer is sued in his individual capacity, LAURIE BURGESS, Sarpy County Prosecutor is sued in her individual capacity, and UNKNOWN LAW ENFORCEMENT OFFICERS, Unknown Law Enforcement Officers is sued in their individual capacity, Defendants.

MEMORANDUM AND ORDER

JOSEPH F. BATAILLON, District Judge.

This matter is before the court on Plaintiff's Motion for Status and "Request for enlargement of time to serve defendants." (Filing Nos. 9 and 10.) In Plaintiff's Motion for Status, Plaintiff seeks information on the status of his Motion for Leave to Proceed in Forma Pauperis and the payment of his initial partial filing fee. (Filing No. 10.) On June 11, 2013, the court granted Plaintiff's Motion for Leave to Proceed in Forma Pauperis, and ordered Plaintiff to pay an initial partial filing fee in the amount of $54.12. (Filing No. 8.) The court received payment of Plaintiff's initial partial filing fee on July 9, 2013. (Docket Sheet.)

The next step in Plaintiff's case is for the court to conduct an initial review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. ยง 1915(e)(2). The court will conduct this initial review in its normal course of business. If the court determines that this matter may proceed to service of process, the court will extend the time in which Plaintiff has to serve Defendants.

IT IS THEREFORE ORDERED that:

1. Plaintiff's "Request for enlargement of time to serve defendants" (Filing No. 9) is denied. If the court determines that this matter may proceed to service of process, the court will extend the time in which Plaintiff has to serve Defendants.

2. Plaintiff's Motion for Status (Filing No. 10) is granted to the extent it is consistent with this Memorandum and Order.


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