Opinion
1:22-cv-151 1:23-cv-029 1:23-cr-083
04-28-2023
Kevin Michael Hoff, Plaintiff, v. Joseph Joyce, Warden, North Dakota State Penitentiary,[1] Defendants. Kevin Michael Hoff, Plaintiff, v. Dave Krabbenhoft, Director of NDSP, et al., Defendants. Kevin Hoff, Plaintiff, v. Dave Krabbenhoft, et al., Defendants.
ORDER FOR STATUS CONFERENCE
Clare R. Hochhalter, Magistrate Judge United States District Court
Since September 2022, Plaintiff has either filed or sought leave to file five separate actions asserting the same claims against various defendants. See Case No. 1:22-cv-151 (D.N.D.) (hereinafter “Hoff I”); Case No. 1:22-cv-209 (D.N.D.) (“Hoff II”); Case No. 1:23-cv-029 (“Hoff III”); Case No. 1:23-cv-059 (D.N.D.) ("Hoff IV"); and Case No. 1:23-cv-083 (“Hoff V”).
Hoff I has progressed beyond the pleading stage; the court issued a scheduling order following a scheduling conference with the parties and set this matter for trial. In Hoff II and Hoff IV, the court denied Plaintiff's applications to proceed in forma pauperis and dismissed Plaintiff's complaints without prejudice. Hoff III and Hoff V are still at the initial stage; the court has yet to rule on the applications to proceed without prepayment of fees or screen the complaints submitted by Plaintiff.
The court finds it prudent at this point to schedule a status conference in Hoff I, Hoff III, and Hoff V, in order to definitively determine whether it is Plaintiff's intent to initiate three separate actions, which would, among other things obligate him to pay the filing for each case in installments.
Accordingly, a status conference in Hoff I, Hoff III, and Hoff V shall be scheduled for May 8, 2023, at 10:00 AM CDT by telephone before the undersigned. To participate in the conference, the parties should call (877) 810-9415 and enter access code 8992581.
IT IS SO ORDERED.