Daugherty v. Armstrong et al

Plaintiff: Arrmon H. Daugherty
Defendant: Denzin, Hose, Smith, Vigil, City of Lincoln and Armstrong
Case Number: 4:2012cv03133
Filed: June 29, 2012
Court: Nebraska District Court
Office: 4 Lincoln Office
Presiding Judge: Joseph F. Bataillon
Referring Judge: Pro Se Docket
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
June 13, 2013 58 Opinion or Order of the Court MEMORANDUM AND ORDER - Plaintiff's January 17, 2013, Motion to Compel (filing no. 18 ) and Motion for Default Judgment (filing no. 21 ) are denied. Plaintiff's March 14, 2013, Motions to Compel (filing nos. 25 , 26 and 27 ) are denie d. Defendants' Objection to Plaintiff's Motion to Compel (filing no. 34 ) is granted. Plaintiff's Motion Pursuant to Fed. R. Civ. P. 36(a)(3) (filing no. 29 ) and his Objection to Defendants' late answers to his Requests for Admission (filing no. 56 ) are denied. Defendants' Objection to Plaintiff's Motion Pursuant to Fed. R. Civ. P. 36(a)(3) (filing no. 42 ) is granted. Defendants' Motion to Compel (filing no. 37 ) is denied. Plaintiff's Object ion to Defendants Motion to Compel (filing no. 44 ) is granted. Plaintiff and Defendants are directed to work toward a resolution regarding their discovery disagreements. If the parties are unable to come to a resolution by July 10, 2013, Defendant s may file a motion to compel, and Plaintiff may file a motion challenging the sufficiency of Defendants' answers and objections to his Request for Admissions, by July 17, 2013. Plaintiff's Motion for Clarification of State Law Claims (fi ling no. 40 ) is granted. Plaintiff's Motion for Subpoenas (filing no. 48 ) is granted. The Clerk of the court is directed to send Plaintiff two copies of the form AO 88B. All dispositive motions shall be filed on or before August 19, 2013. T he parties must comply with the provisions of NECivR 7.1 and NECivR 56.1 when filing summary judgment motions. The Final Pretrial Conference will be held before the Magistrate Judge on November 14, 2013, at 9:00 a.m. The trial date will be set by t he Magistrate Judge at the time of the Final Pretrial Conference. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Pretrial conference before Magistrate Judge Cheryl Zwart to be held on November 14, 2013. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with forms as directed)(GJG)
July 6, 2012 6 Opinion or Order of the Court MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Arrmon H. Daugherty shall pay an initial partial filing fee of $33.99 by 8/6/2012, unless an enlargement of time is granted in response to a written m otion. Pro Se Case Management Deadline set for 8/6/2012: initial partial filing fee payment due. The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and to institution as directed)(GJG)
September 9, 2013 78 Opinion or Order of the Court MEMORANDUM AND ORDER granting 77 Motion to Extend Pretrial Deadlines. The Clerk of the court is directed to cancel the Final Pretrial Conference in this matter that is currently scheduled for November 14, 2013. A separate progression order resetting the dates for the Final Pretrial Conference, and all associated deadlines, may be entered after the court resolves the pending Motions for Summary Judgment. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF)
March 25, 2014 87 Opinion or Order of the Court MEMORANDUM AND ORDER - Plaintiff's Motion to Compel (filing no. 67 ) is denied. Defendants' Objection (filing no. 81 ) is denied in accordance with this Memorandum and Order. Plaintiff's Motion to Strike (filing no. 82 ) is deni ed. Plaintiff's Motion for Leave to Supplement (filing no. 84 ) is granted. Defendants' Motion for Summary Judgment (filing no. 72 ) is granted and Plaintiffs' federal claims are dismissed with prejudice. Plaintiff's state l aw claims are dismissed without prejudice. Plaintiff's Motion for Summary Judgment (filing no. 50 ) and Objection to Defendants' Motion for Summary Judgment (filing no. 79 ) are denied. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
October 19, 2012 9 Opinion or Order of the Court MEMORANDUM AND ORDER that Plaintiff's claims against Defendants Armstrong, Smith, and Vigil are dismissed for failure to state a claim upon which relief may be granted. Plaintiff's claims against Defendants Denzin, Hose, and the City of Li ncoln may proceed. The Clerk of the court shall send THREE (3) summons forms and THREE (3) USM-285 forms to Plaintiff to complete and return to the Clerk who shall forward to the U.S. Marshals for service. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: "February 14, 2013: Check for completion of service of summons." Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with forms) (ADB, )

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Plaintiff: Arrmon H. Daugherty
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Defendant: Denzin
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Defendant: Hose
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Defendant: Smith
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Defendant: Vigil
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Defendant: City of Lincoln
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Defendant: Armstrong
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