Fletcher v. Houston et al

Defendant: Cathie Peters, Robert P. Houston, Michele Hillman, Frank X. Hopkins and Frances Britten
Plaintiff: Barry W. Fletcher, Sr.
 
Case Number: 4:2012cv03179
Filed: August 27, 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
January 7, 2013 17 Featured Case MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff is permitted leave to appeal in forma pauperis. Plaintiff shall pay an initial partial filing fee of $6.35 by February 7, 2013, unless an enlargement of time is granted in respons e to a written motion. After payment of the initial partial filing fee, Plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installm ents to the court. The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution and to the Eighth Circuit Court of Appeals. Ordered by Judge Joseph F. Bataillon. (Copy mailed as directed and to pro se party)(TCL )
February 12, 2013 30 Featured Case MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's "Motion Requesting for Preliminary and Permanent Injunctive Relief" (Filing No. 15 ) is denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
March 25, 2013 35 Featured Case MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Leave to Amend Civil Complaint (Filing No. 32 ) is denied without prejudice to reassertion. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
June 4, 2013 42 Featured Case MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiffs' Motion for Leave to Amend Complaint (Filing No. 37 ) is granted. The Clerk of the court is directed to file the proposed Amended Complaint and its attachments as a separate document in this matter. (See Filing No. 37 at CM/ECF pp. 3-40 and Filing No. 37-1.) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
June 28, 2013 47 Featured Case MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Defendants shall respond to Plaintiff's May 21, 2013, request for production of documents and written questions (Filing Nos. 39 and 40 ) by July 29, 2013. Accordingly, Plaintiff is gra nted an extension of time until August 19, 2013, to file a response to Defendants' Motion for Summary Judgment. Defendants' Objection (Filing No. 41 ) to Plaintiff's requests for discovery is overruled. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
August 30, 2013 58 Featured Case MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: The clerks' office is directed to term Plaintiff's Objection to Defendants' Motion for Summary Judgment (Filing No. 54 ). The court will treat Plaintiff's Objection and Memorandum in Support of Objection as a brief in opposition to Defendants' Motion for Summary Judgment. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
September 25, 2013 64 Featured Case MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for an Order Compelling Discovery (Filing No. 61 ) is denied as moot. Plaintif's Second Motion for Appointment of Counsel (Filing No. 63 ) is denied. On the cour t's own motion, Plaintiff shall have 30 days from the date of this Memorandum and Order to file his final brief in opposition to Defendants' pending Motion for Summary Judgment. The clerk's office is directed to set the following pro se case management deadline: October 25, 2013: Deadline for Plaintiff to file final brief in opposition to motion for summary judgment. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
October 2, 2013 65 Featured Case MEMORANDUM AND ORDER - IT IS ORDERED that: The final pretrial conference in this matter, currently scheduled for October 10, 2013, is cancelled. The conference may be rescheduled after the resolution of Defendants' pending Motion for Summary Judgment. (See Filing No. 64 (extending time in which Plaintiff has to respond to Defendants' Motion for Summary Judgment to October 25, 2013).) The clerk's office is directed to cancel the final pretrial conference in thismatter, currently scheduled for October 10, 2013. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
September 14, 2012 7 Featured Case MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Leave to Proceed In Forma Pauperis (filing no. 2 ) is granted. Plaintiff shall pay an initial partial filing fee of $9.01 by October 14, 2012, unless an enlar gement of time is granted in response to a written motion. If the initial partial filing fee is not received by the specified deadline, this case will be dismissed. After payment of the initial partial filing fee, Plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the court. The Clerk of the court is directed to send a copy of this order to the appropriat e official at Plaintiff's institution. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 14, 2012: initial partial filing fee payment due. Plaintiff shall keep the court informed of his current address at all times, and all parties are bound by the Federal Rules of Civil Procedure and by the court's Local Rules while this case is pending. Plaintiff shall review the "Notice Regarding Summons Forms" attached to this Order. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(TCL )
November 20, 2012 8 Featured Case MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Fletcher's claims for monetary damages against Defendants in their official capacities are dismissed. All claims against Defendant Michele Hillman are dismissed without prejudice to reassert ion. The following claims may proceed to service: a. Fletcher's claims for injunctive relief against Peters, Britten, Houston, and Hopkins in their official capacities; b. Fletchers due process claims against Peters, Britten, Houston, and Hopk ins in their individual capacities; c. Fletcher's First Amendment claims against Peters, Britten, Houston, and Hopkins in their individual capacities; and d. Fletchers retaliation claims against Peters in her individual capacity. Fletcher' ;s Motion for Appointment of Counsel (Filing No. 3 ) is denied without prejudice to reassertion. To obtain service of process on Defendants, Plaintiff must complete and return the summons forms which the Clerk of the court will provide. The Clerk of the court shall send four summons forms and four USM-285 forms (for service on Defendants in both their individual capacities and official capacities) to Plaintiff together with a copy of this Memorandum and Order. Plaintiff shall, as soon as pos sible, complete the forms and send the completed forms back to the Clerk of the court. In the absence of the forms, service of process cannot occur. Upon receipt of the completed forms, the Clerk of the court will sign the summons forms, to be forw arded with a copy of Plaintiffs Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons and the Complaint without payment of costs or fees. Service may be by certified mail pursuant to Fed. R. Civ. P. 4 and Nebraska law in the discretion of the Marshal. The Clerk of the court will copy the Complaint and Plaintiff does not need to do so. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: "March 20, 2013: Check for completion of service of summons." The parties are bound by the Federal Rules of Civil Procedure and by the Local Rules of this court. Plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with Summons and 285 forms)(TCL )

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Defendant: Cathie Peters
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Defendant: Robert P. Houston
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Defendant: Michele Hillman
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Defendant: Frank X. Hopkins
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Defendant: Frances Britten
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Plaintiff: Barry W. Fletcher, Sr.
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