Wilson v. Sabatka-Rine et al
| Harold B. Wilson |
| Cockrell, Michael Edison, Famon, Grove, Hoesing, Melvin Rouf, Diane Sabatka-Rine, Zarata and Randy Bartells |
| 4:2011cv03215 |
| November 25, 2011 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Joseph F. Bataillon |
| Pro Se Docket |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
136
MEMORANDUM AND ORDER - The parties' Stipulated 135 MOTION to Dismiss is granted. In accordance with that Motion, this matter is dismissed with prejudice; and A separate judgment will be entered in accordance with this Memorandum and Order.Ordered by Judge Joseph F. Bataillon. (MKR)
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Filing
132
ORDER upon notice of settlement given to the Honorable Joseph F. Bataillon on july 10, 2014, On or before August 11, 2014, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to the Honorable Joseph F. Bataillon, at bataillon@ned.uscourts.gov, a draft order which will fully dispose of the case. If the case is being dismissed, the stipulation shall comply with Fed. R. Civ. P. 41(a) and shall state whether the dismi ssal is with or without prejudice. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. The previously scheduled trial is cancelled upon the representation that this case is settled.***Set/Reset All Deadlines: ( Dismissal Papers Deadline due by 8/11/2014). Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
99
ORDER granting Wilson's 94 Motion for Leave to Amend Complaint. Amended Complaint due by 3/24/2014. Wilson shall have until on or before March 24, 2014, to file the Third Amended Complaint. Wilson shall have until April 11, 2014, to respond to the defendants' Second Motion for Summary Judgment. The defendants may have until April 21, 2014, to reply. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
83
ORDER granting 82 Motion for Protective Order. The defendants shall provide the plaintiff's counsel with documents requested in the plaintiff's first set of requests for production of documents, placing any confidential documents in a separate envelope marked "CONFIDENTIAL." These documents will hereinafter be referred to as "confidential documents." At the conclusion of this case all confidential material, including all copies, received pursuant to this Order shall be returned to counsel for the defendants or destroyed by counsel for the plaintiff, unless otherwise ordered by the Court. The Court may impose sanctions with respect to any person or entity improperly granting access to material subject to this Protective Order. Any person or entity, whether or not a party, violating the Protective Order may be punished for contempt of Court. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
81
ORDER regarding the parties' 79 Stipulation. The file of the State of Nebraska Department of Correctional Services (DCS) concerning Harold Wilson, #37418, and maintained pursuant to Neb. Rev. Stat. § 83-178, be made available for insp ection by Marnie Jensen, Attorney at Law, under the following conditions: That the inspection of the file in question be conducted by counsel or counsels representative at the DCS institution which currently maintains said file. That any copies of material from said file desired by counsel be identified by counsel to institutional personnel whose responsibility it shall be to create and deliver to counsel the requested copies within a reasonable time following the request. This order doe s not encompass any pre-sentence reports which may be in the inmate file and requests for copies of such documents must be obtained separately by court order from the court which requested the report to be made. That counsel shall not make availa ble to any person committed to DCS the content of the file here in question without further order of this court. The entry into the Amended Stipulation by the parties does not relieve the parties from complying with the Federal Rules of Civil Procedure. IT IS SO ORDERED. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
75
ORDER granting the parties' Joint 73 Motion to Change Venue of Trial. The October 8, 2013, Order Setting Final Schedule for Progression of Case is hereby modified to reflect the trial is rescheduled to commence, at the courts call, during the week of July 21, 2014, in Lincoln, Nebraska, before the Honorable Joseph F. Bataillon and a jury. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
72
ORDER regarding the MOTION for Sanctions for failure to answer interrogatories served on Defendants per rule33 71 , Plaintiff's Request for First Set of Interrogatories 69 and the MOTION for Sanctions and to Complete answers to interroga tories 70 . The Clerk of Court shall strike the plaintiff's October 16, 2013, filings from the record. The documents need not be mailed to the plaintiff's counsel as she received them when they were electronically filed. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
64
MEMORANDUM AND ORDER - Marnie Jensen is appointed to represent Plaintiff. Ms. Jensen shall promptly enter her appearance. Upon the entry of Ms. Jensen's appearance, the Clerk of the court shall immediately pay from the Federal practice Fund, th e sum of $1,000 to Ms. Jensen. A second and the last installment of $1,000 shall become due and payable upon the entry of judgment in the district court or upon an order terminating Ms. Jensens service as Plaintiffs attorney. In accordan ce with General Order Number 2013-02, this case is removed from the pro se docket and reassigned to United States Magistrate Judge Thomas D. Thalken. ThisMemorandum and Order does not change the assignment of the district judge. This case is referred to Judge Thalken for full pretrial management and further progression. Ordered by Judge Joseph F. Bataillon. (Copies mailed as directed; copy to pro se party and Financial)(MKR)
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Filing
63
MEMORANDUM AND ORDER- Defendants' Motion for Summary Judgment (filing no. 53 ) is granted in part and denied in part as set forth in this Memorandum and Order. Plaintiff's Motion to Reinstate (filing no. 62 ) is denied. A new Order Setting Schedule for Progression of Case will be entered. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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Filing
59
MEMORANDUM AND ORDER - Defendants' Motion to Suspend Progression Order Deadlines (filing no. 58 ) is granted. No further pleadings shall be filed without the court's leave. Plaintiff's Motion for Sanctions (filing no. 49 ) is de nied. Plaintiff's Objection to Interrogatories and Motion to Voluntarily Dismiss (filing no. 51 ) is granted only to the extent of the voluntary dismissal of certain Defendants, and it is otherwise denied. Plaintiff's claims against De fendants Joe Zarate, Kim Cockrell, Samuel Grove, Damian Hoesing, and Steve Fannon are dismissed without prejudice. The Clerk of the court shall cancel the Final Pretrial Conference in this matter that is currently scheduled for April 25, 2013. A sep arate progression order resetting the date for the Final Pretrial Conference, and all associated deadlines, may be entered after the court resolves the pending Motion for Summary Judgment. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (MKR)
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Filing
48
MEMORANDUM AND ORDER denying the Plaintiff's 45 Motion to Compel and denying 45 the Motion for Default Ruling. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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Filing
44
MEMORANDUM AND ORDER -Plaintiffs Objections (filing nos. 38 and 41 ) are denied. Defendants Motion to Extend Time (filing no. 43 ) is granted. The Final Pretrial Conference will be held before the Magistrate Judge on April 25, 2013, at 9:00 a. m. Prior to the pretrial conference, all items as directed in NECivR 16.2 and full preparation shall have been completed so that trial may begin at any time following the Pretrial Conference. ( Pro Se Case Management Deadline set for 4/25/2013: Pret rial conference before Magistrate Judge Cheryl Zwart to be held on April 25, 2013. Pretrial Conference set for 4/25/2013 at 09:00 AM before Magistrate Judge Cheryl R. Zwart.) The trial date will be set by the Magistrate Judge at the time of the Final Pretrial Conference. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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Filing
33
MEMORANDUM AND ORDER denying 21 the Plaintiff's Motion to Appoint Counsel. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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Filing
19
MEMORANDUM AND ORDER - In accordance with this Memorandum and Order, and the courts February 9, 2012, Memorandum and Order, Plaintiffs due process and equal protection claims are dismissed without prejudice. Plaintiffs First Amendment religious ri ghts claims, First Amendment access to courts claims and Plaintiffs state law claims may proceed to service. To obtain service of process on Defendant, Plaintiff must complete and return the summons forms which the Clerk of the court will provide. The Clerk of the court shall send SEVEN (10) summons forms and SEVEN (10) USM-285 forms (for service on Defendants in their individual and official capacities) to Plaintiff together with a copy of this Memorandum and Order. Plaintiff is hereby not ified that failure to obtain service of process on a defendant within 120 days of the date of this order may result in dismissal of this matter without further notice as to such defendant. A defendant has twenty (20) days after receipt of the summ ons to answer or otherwise respond to a complaint. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 9/3/2012: Check for completion of service of summons.) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party as directed)(MKR)
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Filing
15
MEMORANDUM AND ORDER Plaintiff's monetary damages claims against Defendants in their official capacities are dismissed with prejudice. Plaintiffs due process claims related to his protective custody classification are dismissed without prejudic e. Plaintiffs Amended Complaint fails to state a claim upon which reliefmay be granted. However, Plaintiff shall have until March 5, 2012, to amend his first Amended Complaint to clearly state a claim upon which relief may be granted in accordance w ith this Memorandum and Order. Plaintiffs Motions for Appointment of Counsel (filing nos. 11 and 13 ) are denied without prejudice to reassertion. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 3/5/2012:Review amended complaint on March5, 2012; dismiss if not filed. )Ordered by Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(MKR)
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Filing
7
MEMORANDUM AND ORDER - Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before January 3, 2012. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. The Clerk of the court is directed to send to Plaintiff the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. Pro Se Case Management Deadline set for 1/3/2012: deadline for payment or filing of IFP application. Ordered by Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party along with form. ) (JAE)
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