Taylor v. Holtmeyer et al
| De-Vaunte J. Taylor |
| James E. Holtmeyer, Omaha Police Dept. and State of Nebraska |
| 4:2014cv03127 |
| May 30, 2014 |
| 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
90
ORDER that the Plaintiff's motion to extend the deadline to file a notice of appeal (filing 86 ) is granted. The plaintiff's notice of appeal may be filed on or before June 22, 2016. Counsel's motion for reimbursement from the Feder al Practice Fund (filing 87 ) is granted. The Clerk of the Court shall to pay counsel the remaining $1,000 attorney's fee prescribed by the Federal Practice Fund Plan. The Clerk of the Court shall pay counsel the additional sum of $9 ,583 for incurred expenses. Counsel's motion to withdraw (filing 88 ) is granted. The Clerk of the Court is directed to provide a copy of this order to the plaintiff at his last known address. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(LAC)
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Filing
84
MEMORANDUM AND ORDER - Holtmeyer's motion for summary judgment (filing 71 ) is granted. Taylor's remaining claim is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (GJG)
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Filing
81
TEXT ORDER granting 79 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
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Filing
75
ORDER granting 74 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
69
ORDER that the plaintiff's request for pre-approval to incur further litigation expenses is granted. Plaintiff's counsel is authorized to incur expenses related to the litigation, as set forth in the materials submitted to the Court ex part e for in camera review, not to exceed $6,400 absent further permission from the Court. That $6,400 authorization shall not count against the $500 pre-authorized limit provided by the guidelines for appointed counsel regarding attorney expenses reimbursable from the Federal Practice Fund, and is in addition to expenditures previously authorized. Ordered by Judge John M. Gerrard. (LAC)
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Filing
67
MEMORANDUM AND ORDER that the plaintiff's Rule 56(d) motion (filing 54 ) is granted. The defendant's motion for summary judgment (filing 50 ) is denied without prejudice to reassertion after a reasonable time for the parties to conduct discovery. Ordered by Judge John M. Gerrard. (LAC)
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Filing
66
ORDER granting 65 Motion for Leave to depose De-Vaunte Taylor. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
41
ORDER granting plaintiff's motion for appointment of counsel. Robert W. Futhey is appointed to represent plaintiff and clerk is directed to provide a copy of this order to appointed counsel. Expenses and attorney fees shall be paid from th e Federal Practice Fund. Defendant's motion to reopen the time for filing dispositive motions is granted and parties are given until 10/19/15. On or before 9/1/15, counsel for the parties shall contact the Magistrate Judge's chambers to set a status conference to discuss case progression. Ordered by Judge John M. Gerrard. (Copy provided as directed and copy mailed to plaintiff)(CCB)
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Filing
37
ORDER- The trial of this case set to begin on August 18, 2015, is continued. A videoconference is set for 9:00 a.m. on August 18, 2015, in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The plaintiff shall appear by video, and counsel for the defendant shall be present in the courtroom. The Department of Corrections is instructed to make Plaintiff available beginning on August 18, 2015 at 9:00 a.m. through the duration of the videoconference. The D epartment of Corrections is further instructed to cooperate with the Court in allowing the plaintiff to appear via videoconference. The defendant's counsel shall serve a copy of this order on the Department of Corrections and file notice after service has been completed. Ordered by Judge John M. Gerrard. (GJG) Modified on 8/13/2015 to add (Copy mailed to pro se party) (GJG).
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Filing
29
ORDER - Plaintiff's Motion for Leave to File anAmended Complaint (Filing No. 27 ) is denied without prejudice to reassertion. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (NMW)
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Filing
26
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 23 ) is denied without prejudice to reassertion. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
12
MEMORANDUM AND ORDER - Taylor's claims against Holtmeyer in his individual capacity may proceed to service of process. Taylor's claims against the State of Nebraska, the Omaha Police Department, and his claims against Holtmeyer in his of ficial capacity are dismissed without prejudice. To obtain service of process on Holtmeyer, Taylor must complete and return the summons form that the Clerk of the Court will provide. The Clerk of the Court shall send one summons form and one USM-285 form to Taylor together with a copy of this Memorandum and Order. Taylor shall, as soon as possible, 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. The C lerk of the Court is directed to set a pro se case management deadline in this case with the following text: "January 21, 2015: Check for completionof service of summons." Taylor's Motion to Appoint Counsel (Filing No. 11 ) is denied without prejudice to reassertion. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with one summons and one 285 form)(GJG, )
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Filing
7
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. Plaintiff shall pay an initial partial filing fee of $6.72 within 30 days from the date of this Memorandum and Order, unless an enlargement 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, Plaintiffs 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's office is directed to send a copy of this order to the appropriate official at Plai ntiff's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: July 10, 2014: initial partial filing fee payment due. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (AOA)
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