Smith v. Diagnostics and Evaluation Center et al

Plaintiff: David Smith
Defendant: Warden Dennis Bakewell, Corporal Bell, Diagnostics and Evaluation Center and Sargent Turner
 
Case Number: 4:2013cv03041
Filed: February 26, 2013
 
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
March 18, 2014 25 Featured Case MEMORANDUM AND ORDER - Defendants' Motions to Stay Progression (filing nos. 20 and 24 ) are granted. The Clerk of the court is directed to cancel the Final Pretrial Conference in this matter that is scheduled for July 31, 2014. A separate pr ogression order resetting the dates for the Final Pretrial Conference, and all associated deadlines, may be entered after the court resolves the pending Motion to Dismiss and Motion for Summary Judgment. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
August 27, 2014 33 Featured Case MEMORANDUM AND ORDER - The defendants' motions to dismiss (Filing No. 17 ) is denied. The defendants' motion for summary judgment (Filing No. 21 ) is denied as premature, without prejudice to refiling at a later date. The plaintiff&# 039;s motion to file an objection to summary judgment (Filing No. 26 ), the defendants' objection to the plaintiff's response (Filing No. 27 ), and the plaintiff's objection to the defendants' objection (Filing No. 28 ) are d enied as moot. The plaintiff's motion for summary judgment and other relief (Filing No. 32 ) is denied. The matter is referred to the magistrate judge for case progression. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
August 28, 2014 35 Featured Case STRICKEN - ORDER TO SHOW CAUSE - Counter-Defendant Blue Events, LLC is given until September 4, 2014 to: 1) Show cause why the court should not enter a default and/or default judgment against it. The failure to timely comply with this order may r esult in an entry and/or judgment of default against Counter-Defendant Blue Events, LLC without further notice. 2) Show cause why the requests for admission served by Counter-Plaintiff Lincoln Professional Baseball on Counter-Defendant Blue Events, LLC, (see filing nos. 55 and 56 ), should not be deemed admitted. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG) Modified on 8/28/2014 to strike pursuant text strike order filing 36(GJG).
March 26, 2013 6 Featured Case MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff David Smith shall pay an initial partial filing fee of $.02 by 4/25/2013, unless an enlargement of time is granted in response to a written motion. Pr o Se Case Management Deadline set for 4/25/2013: 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. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(GJG)
July 29, 2013 7 Featured Case MEMORANDUM AND ORDER - Plaintiff shall have 30 days from the date of this Memorandum and Order to file an amended complaint in accordance with this Memorandum and Order. Failure to file an amended complaint will result in dismissal of this matter without prejudice and without further notice. The clerk's office is directed to set a pro se case management deadline in this matter: August 29, 2013: Check for amended complaint. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
October 11, 2013 9 Featured Case MEMORANDUM AND ORDER - Plaintiff's Eighth Amendment claims against Sargent Turner and Corporal Bell in their individual capacities may proceed to service of process. To obtain service of process on Defendants, Plaintiff must complete and retur n the summons forms that the Clerk of the court will provide. The Clerk of the court shall send two summons forms and two USM-285 forms to Plaintiff, together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete t he forms and send the completed forms back to the Clerk of the court. In the absence of the forms, service of process cannot occur. The Clerk of Court is directed to set a pro se case management deadline in this case with the following text: February 6, 2014: Check for completion of service of summons.Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with forms)(GJG)

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Plaintiff: David Smith
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Defendant: Warden Dennis Bakewell
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Defendant: Corporal Bell
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Defendant: Diagnostics and Evaluation Center
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Defendant: Sargent Turner
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