4:22-cv-04090•Jogaak v. Grasz et al
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION JOGAAK D. JOGAAK, 4:22-CV-04090-LLP Plaintiff, vs. ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE STEVEN GRASZ,Judge Grasz, in his official capacity; STEVEN COLLOTON,Judge Colloton, in his official capacity; RALPH ERICKSON,Judge Erickson, in his official capacity. Defendants. Plaintiff, Jogaak D. Jogaak, an inmate at the South Dakota State Penitentiary, filed a pro se lawsuit under 28 § U.S.C. § 1331 and Bivens v. Six Unknown Federal Narcotics Agents,403 U.S. 388 (1971).' Doc. 1. He filed a motion for leave to proceed in forma pauperis and provided a prisoner trust account report. Docs. 3,4. This Court granted Jogaak's motion to proceed in forma pauperis on July 18, 2022, and required him to pay an initial partial filing fee of $10.01 by August 15, 2022. Doc. 8. At this time, Jogaak has not paid his initial partial filing fee. Accordingly, it is ORDERED: 1. That Jogaak's complaint. Doc. 1, is dismissed without prejudice for failure to prosecute. 2. That Jogaak's motion for subpoena. Doc. 12, is denied as moot. 3. That Jogaak's motion for pretrial conference. Doc. 13, is denied as moot. 'Jogaak initially filed his lawsuit under 42 U.S.C. § 1983. Doc. 1 at 1. He has since filed a "Notice of Harmless Error and Memorandum in Support of Document 10" in which he indicates his desire "to proceed with [his complaint] as a Bivens claim against federal officials, as judges. Instead of a 1983." Doc. 17 at 1. Thus, this Court will treat Jogaak's lawsuit as a Bivens claim. 1 Case 4:22-cv-04090-LLP Document 18 Filed 11/23/22 Page 1 of 2 PageID #: <pageID>
4. That Jogaak's motion for consolidation, Doc. 15, is denied as moot. DATED November 2«4« ■, 2022. ATTEST: MATTHEW W. THELEN, CLERK THECOU Lawrence L. Piersol United States District Judge Case 4:22-cv-04090-LLP Document 18 Filed 11/23/22 Page 2 of 2 PageID #: <pageID>
Was bedeutet dieser Text für Ihre Situation?
Kostenlose und unverbindliche Beratung
Schildern Sie uns Ihre Situation. Unser Team meldet sich per E-Mail bei Ihnen für Ihre Beratung.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.