Jogaak v. Grasz et al

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
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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
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