Fletcher v. Houston et al
| Barry W. Fletcher, Sr. |
| Frances Britten, Michele Hillman, Frank X. Hopkins, Robert P. Houston and Cathie Peters |
| 4:2012cv03179 |
| August 27, 2012 |
| 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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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
139
ORDER - The Motion for Reimbursement from the Federal Practice Fund (ECF No. 137 ) filed by Plaintiff's counsel is granted. Michael D. Gooch is awarded $1,354.09 from the Federal Practice Fund. A copy of this Order shall be provided to Pat Williamson of the Clerk of Court's Office so that he may make arrangements for payment from the Federal Practice Fund, and appropriate bookkeeping entries. Ordered by Chief Judge Laurie Smith Camp. (Copies e-mailed as directed) (KLF)
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Filing
130
ORDER - THEREFORE, IT IS ORDERED THAT defendant's motion in limine, Filing No. 119 , is granted. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
121
ORDER : The trial previously scheduled for April 25, 2016 is canceled. The parties shall have until on or before April 15, 2016 to file motions for summary judgment based on actual injury or any other ground. Any opposition to a motion for summary judgment shall be filed by May 6, 2016. Any reply shall be filed by May 16, 2016. The parties shall have ten (10) days from the date the court rules on the motion for summary judgment, in which to schedule a telephone planning conference with the court, if necessary, to further progress the case. Counsel for the defendants shall contact the chambers of the assigned magistrate judge within such time period to schedule the telephone planning conference. ***Set/Reset All Deadlines: Case Management Deadline set for 4/15/2016. Ordered by Magistrate Judge Thomas D. Thalken. (KMG)
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Filing
113
ORDER that the Motion for Reimbursement from the Federal Practice Fund 112 filed by Plaintiff's counsel is granted. Expenses are ordered reimbursed to Plaintiff's counsel in the amount of $111.25. A copy of this Order shall be provided to Pat Williamson of the Clerk of Court's Office so that he may make arrangements for payment from the Federal Practice Fund, and appropriate bookkeeping entries. Ordered by Chief Judge Laurie Smith Camp. (Copies emailed as directed) (KLF)
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Filing
111
ORDER : Pursuant to the Memorandum and Order dated 11/19/14, Filing No. 84, appointing Michael D. Gooch as counsel to represent the plaintiff, appointed counsel's expenses and attorney fees are to be paid pursuant to the Amended Plans for th e Administration of the Federal Practice Fund and the Federal Practice Committee. IT IS ORDERED: The Clerk of Court is directed to pay Mr. Gooch $1,000.00, based upon his entry of appearance, Filing No. 88. The balance of Mr. Gooch's fee, not to exceed an additional $1,000.00, shall become payable upon entry of judgment or other closing documents. Ordered by Senior Judge Joseph F. Bataillon. (E-mailed to Financial Administrator) (ADB)
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Filing
109
ORDER that the defendants' Motion for Leave to Take Deposition of the Plaintiff, a Person Confined to Prison 108 is granted. Ordered by Magistrate Judge Thomas D. Thalken. (KLF)
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Filing
106
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE granting 105 Joint Motion to Extend Progression Order Deadlines. Jury Trial set for 4/25/2016 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Pretrial Conference set for 3/18/2016 at 02:00 PM in Chambers before Magistrate Judge Thomas D. Thalken. Depositions due by 01/29/2016. Ordered by Magistrate Judge Thomas D. Thalken. (KLF) Modified on 11/30/2015 to remove copy mailed to pro se party (KLF).
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Filing
102
ORDER granting 101 Motion to Take Depositions and for Funding Under the Federal Practice Rules. Plaintiff's counsel is authorized to incur expenses as proposed, not to exceed $1,200 absent further permission from the court. Ordered by Magistrate Judge Thomas D. Thalken. (KLF)
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Filing
87
ORDER - IT IS ORDERED: Cathie Peters' Motion to Extend Progression Order Deadline for Dispositive Motions (Filing No. 85) is granted. Cathie Peters shall have until January 2, 2015, to file a motion for summary judgment based on qualified i mmunity. The plaintiff shall have until February 2, 2015, to file a response. The parties shall have ten (10) days from the date the court rules on the motion for summary judgment, in which to schedule a telephone planning conference with the cou rt, if necessary, to further progress the case. Counsel for the plaintiff shall contact the chambers of the undersigned magistrate judge within such time period to schedule the telephone planning conference. Ordered by Magistrate Judge Thomas D. Thalken. (TCL)
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Filing
84
MEMORANDUM AND ORDER that the court grants defendants' motion for summary judgment, Filing No. 79 as to Robert Houston, Frank Hopkins, and Frances Britten because qualified immunity shields them from plaintiff's remaining claim; The cou rt denies defendants' motion for summary judgment, Filing No. 79 , as to Cathie Peters because there remains a genuine issue of material fact as to whether defendant Peters wrongfully withheld plaintiff's legal mail; The court hereby ap points Michael D. Gooch as counsel to represent the plaintiff in this case. Mr. Gooch shall immediately enter an appearance in this case; and The magistrate judge shall progress this case as set forth herein. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to plaintiff and attorney Michael Gooch)(ADB)
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Filing
78
ORDER that the plaintiff's objection 76 to the order of the magistrate judge (Filing No. 75) is overruled. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)
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Filing
75
ORDER - IT IS ORDERED: The defendants' Motion to Extend Progression Order Deadlines and Trial Date (Filing No. 74 ) is granted. The court's April 15, 2014, progression order is vacated. The parties shall have until June 2, 2014, to file motions for summary judgment. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
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Filing
65
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 )
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Filing
64
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 )
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Filing
58
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 )
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Filing
47
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 )
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Filing
42
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 )
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Filing
35
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 )
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Filing
30
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 )
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Filing
17
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 )
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Filing
8
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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Filing
7
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 )
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