Emilio v. Nebraska Department of Correctional Services et al
| Pavon Emilio |
| Robert P. Houston, L. Antholz, Fred Britten and Nebraska Department of Correctional Services |
| 4:2013cv03088 |
| April 23, 2013 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Pro Se Docket |
| John M. Gerrard |
| 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
66
MEMORANDUM AND ORDER that Plaintiff's Motion to Stay Case Progression 63 is denied for the reasons explained above. The clerk's office is directed to send to Plaintiff copies of Filing Numbers 55 and 62 together with this Memorandum and Order. Plaintiff's Motion to Appoint Counsel 64 is denied without prejudice to reassertion. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party as directed) (JSF)
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Filing
62
MEMORANDUM AND ORDER that Plaintiff's Motion for Discovery 57 is denied without prejudice to reassertion of a motion brought pursuant to Rule 56(d). Because Defendants' summary judgment motion has been pending since November 26, 2014, any such motion must be filed by Plaintiff within 30 days in order to be considered by the court. Defendants' Objection 60 is sustained. The clerk's office is directed to set the following case management deadline: February 17, 2015: check for Rule 56(d) motion. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (JSF)
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Filing
55
MEMORANDUM AND ORDER that the final pretrial conference in this matter, currently scheduled for March 19, 2015, is cancelled. The conference may be rescheduled after the resolution of Defendants' pending Motion for Summary Judgment. The clerk's office is directed to cancel the final pretrial conference scheduled for March 19, 2015. Defendants' Motion to Stay Case Progression 54 is denied as moot. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (JSF)
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Filing
52
MEMORANDUM AND ORDER granting 48 Motion to Amend. Defendants must file a signed amended answer by December 8, 2014. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (JSF)
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Filing
47
MEMORANDUM AND ORDER denying without prejudice 38 Motion to Appoint Counsel. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (JSF)
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Filing
43
MEMORANDUM AND ORDER denying as moot 42 Motion to Extend. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (JSF)
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Filing
41
MEMORANDUM AND ORDER that the court's previous order dismissing Antholz as a defendant from this action 36 is rescinded. The clerk's office is directed to complete the form USM-285, and any other required forms, and forward it, the Compla int, and Filing Number 31 to the Marshal for service of process on Antholz. The Marshal shall serve the summons and Complaint without payment of costs or fees. The clerk's office shall set a pro se case management deadline using the following te xt: September 29, 2014: check completion of service. The dates set forth in the Order Setting Schedule for Progression of a Case 37 are suspended pending further notice from the court. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed) (JSF)
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Filing
36
MEMORANDUM AND ORDER - Plaintiff's claims against Defendant L. Antholz are dismissed without prejudice. The court will enter a separate order progressing this case as to Plaintiff's claims against Robert Houston and Fred Britten. Plaintiff's Motions for Enlargement of Time (Filing No. 34 and Filing No. 35 ) are denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (MKR)
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Filing
33
MEMORANDUM AND ORDER- Plaintiff shall have 21 days from the date of this Memorandum and Order to show cause why his claims against Defendant L. Antholz should not be dismissed. Plaintiff does not respond, or if good cause is not shown, his clai ms against L. Antholz will be dismissed and this matter will proceed only as to Plaintiffs claims against Defendants Robert Houston and Fred Britten. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 7/1/2014: deadline for Plaintiff to show cause) Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
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Filing
28
MEMORANDUM AND ORDER granting 26 Motion to Compel. Plaintiff may engage in discovery prior to the issuance of the progression order for the limited purpose of identifying and obtaining addresses for Defendants named in the Complaint. The Clerk o f the court shall send ONE (1) summons forms and ONE (1) USM-285 forms to Plaintiff to complete and return to the Clerk to forward to US Marshal. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: "April 30, 2014: Check for service of summons on Defendant Antholz." Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with forms) (ADB)
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Filing
20
MEMORANDUM AND ORDER- Plaintiff shall have until February 13, 2014, to complete service of process on Defendants. If Plaintiff fails to complete service of process by the court's deadline, he must show cause why this case should not be dismis sed for his failure to serve Defendants by February 27, 2014. If Plaintiff does not complete service of process by February 13, 2014, and subsequently fails to show good cause for his failure Defendants by February 27, 2014, this action will be dis missed without prejudice and without further notice. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 2/14/2014: check for completion of service of process) Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
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Filing
18
MEMORANDUM AND ORDER denying Plaintiff's Motion to Serve Summons 17 . Plaintiff is to complete and return the 3 summons forms and 3 USM-285 forms that the Clerk will provide. Plaintiff is hereby notified that failure to obtain service of proces s on a defendant by January 13, 2014, may result in dismissal of this matter without further notice as to such defendant. The Clerk of Court is directed to set a Pro Se Case Management Deadline for January 14, 2014: Check for service of summons. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with forms) (JSF)
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Filing
13
MEMORANDUM AND ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Plaintiff Pavon Emilio shall pay an initial partial filing fee of $5.00 by 7/3/13, unless an enlargement of time is granted in response to a written motion. Pro Se Case Management Deadline set for 7/3/2013: initial partial filing fee payment due. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (copy mailed to institution as directed)(ADB)
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