Oliveira-Coutinho v. Frakes et al
| Jose Oliveira-Coutinho |
| Scott Frakes, Brian Gage, Patti Hughes and State Correctional Institution |
| 4:2015cv03159 |
| December 23, 2015 |
| 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
97
ORDER - Plaintiff's Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing No. 92 ) is granted. Plaintiff shall pay an initial partial filing fee of $36.00 within 30 days unless an enlargement of time is granted in response to a w ritten 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 installments to t he court. The clerk's office 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 Senior Judge Richard G. Kopf. (Copy mailed to pro se party and plaintiff's institution; e-mailed to Finance) (KLF)
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Filing
88
MEMORANDUM AND ORDER - Plaintiff's Motions for Limited Interrogatories and Request for Admissions (Filing Nos. 74 , 75 , 76 , 77 , 78 , 79 ) are denied. Plaintiff's Motion to Disqualify Defendants' Counsel (Filing No. 72 ) is de nied. The Clerk of Court is directed to terminate Plaintiff's "Objection" (Filing No. 82 ) as a pending motion and re-docket it as a Brief in Opposition to Defendants' Motion for Summary Judgment (Filing No. 63 ). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
69
ORDER - Plaintiff's Motion for Extension of Time (Filing No. 68 ) to respond to Defendants' Motion for Summary Judgment (Filing No. 63 ) is granted, and Plaintiff's response shall be filed on or before January 4, 2018. Because this c ase has been pending for two years, and because Plaintiff has now been granted two extensions of time to respond to Defendants' Motion for Summary Judgment, no further extensions of time shall be granted. This matter is referred to Magistrate Judge Zwart for rescheduling of the Final Pretrial Conference, which is currently set for January 4, 2018. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
67
MEMORANDUM AND ORDER - Plaintiff's Motion for Default Judgment (Filing No. 59 ) is denied. Plaintiff's Motion for Extension of Time (Filing No. 66 ) in which to respond to Defendants' Motion for Summary Judgment (Filing No. 63 ) is granted, and Plaintiff shall file his response on or before November 30, 2017. Defendants may reply within the time allowed by the Local Rules. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
58
ORDER - Defendants' Motion to Extend Stay of Discovery (Filing No. 57 ) is granted, and discovery remains stayed until further order of the court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
55
MEMORANDUM AND ORDER - Defendants' Motion for Extension of Time to Respond to Motion for Discovery (Filing No. 50 ) is GRANTED, and Defendants shall submit their responses and objections to Plaintiff's Motion for Discovery (Filing No. 41 ) on or before August 11, 2017. Defendants' Motion to Stay Discovery and Further Proceedings (Filing No. 51 ) is GRANTED. Discovery is stayed until further order of the court. This means that Defendants are not required to respond to Filing No. 47 , Plaintiff's Interrogatories and Requests for Admissions, and Plaintiff is not authorized to serve any additional discovery requests, unless and until the court enters an order lifting the stay. Plaintiff is not prohibited from filing a pr operly supported motion to obtain court approval to conduct limited discovery regarding issues raised by Defendants once they file their anticipated summary judgment motion. See Federal Rule of Civil Procedure 56(d). Plaintiff's Motion for the Appointment of Counsel (Filing No. 45 ) is DENIED. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
53
*STRICKEN* MEMORANDUM AND ORDER - Defendants' Motion for Extension of Time to Respond to Motion for Discovery (Filing No. 50 ) is GRANTED, and Defendants shall submit their responses and objections to Plaintiff's Interrogatories and Reques ts for Admissions (Filing No. 47 ) on or before August 11, 2017. Defendants' Motion to Stay Discovery and Further Proceedings (Filing No. 51 ) is GRANTED. Discovery is stayed until further order of the court. This means that Defendants are not required to respond to any further discovery requests, and Plaintiff is not authorized to serve any additional discovery requests, unless and until the court enters an order lifting the stay. Plaintiff is not prohibited from filing a properly suppor ted motion to obtain court approval to conduct limited discovery regarding issues raised by Defendants once they file their anticipated summary judgment motion. See Federal Rule of Civil Procedure 56(d). Plaintiff's Motion for the Appointment of Counsel (Filing No. 45 ) is DENIED. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF) Modified on 8/7/2017 to strike per Text Strike Order 54 (KLF).
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Filing
49
ORDER - that Defendants' Motion (Filing No. 48 ) for Extension of Time to Respond to Motion for Discovery is GRANTED, and Defendants' deadline to respond and/or object to Plaintiff's discovery requests is extended to August 4, 2017. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
44
ORDER granting 43 Motion to Extend. The Order Setting Schedule for Progression of Case (Filing No. 38, paragraph 1) shall be amended to provide, "All interrogatories, requests for admission and requests for production or inspection, whether or not they are intended to be used at trial, shall be served on or before July 10, 2017." Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (ADB)
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Filing
36
MEMORANDUM AND ORDER that Defendants' Motion to Dismiss (Filing 29) is granted in part insofar as Plaintiff's access-to-the-courts "postconviction claim" is concerned because such claim is now moot, and Defendants' Motion t o Dismiss (Filing 29) is otherwise denied, leaving Plaintiff's access-to-the-courts "appeal claim" as the only pending claim in this case; and Plaintiff's Request for Extension of Time (Filing 35) to respond to Defendants' Reply Brief in Support of Motion to Dismiss (Filing 34) is denied for the reasons that Plaintiff does not have an automatic right to file a response to a reply brief pursuant to NECivR 7.1(c) (no party may file further briefs after moving party fi les reply brief "without the court's leave") and because the court has ruled in Plaintiff's favor on the issue Plaintiff wished to address in additional briefing. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (ADB)
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Filing
32
ORDER - Plaintiff's Motion for Extension of Time (Filing 31 ) to respond to Defendants' Motion to Dismiss (Filing 29 ) is granted. Plaintiff's response to Defendants' Motion to Dismiss (Filing 29 ) shall be filed on or before April 17, 2017. Pursuant to NECivR 7.1(c), Defendants may reply to Plaintiff's response within seven days after Plaintiff files and serves his response. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
24
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to File an Amended Complaint (Filing No. 17 ) is granted, and Plaintiff's Amended Complaint (Filing No. [17-1]) shall be considered filed and supplemental to Plaintiff's original Com plaint, as allowed by NECivR 15.1(b). The clerk of the court is directed to update the court's records to reflect the addition of the following new defendants who have been added to this case by virtue of Plaintiff's Amended Complaint (Fili ng No. [17-1]) Brad Hansen, Warden of Tecumseh State Correctional Institution, in his individual and official capacities; Scott Busboom, Deputy Warden of Tecumseh State Correctional Institution, in his individual and official capacities; and April B ulling-June, Associate Warden of Tecumseh State Correctional Institution, in her individual and official capacities. Plaintiff's Motion for Clarification (Filing No. 18 ) is granted, and such clarification is provided above. This case may proce ed to service of process as to Plaintiff's access-to-the-courts claim for money damages against defendants Frakes, Gage, Hughes, Hansen, Busboom, and Bulling-June in their individual capacities, and against the same defendants in their official capacities for prospective injunctive relief only. Plaintiff's Motion to Serve Summons and Complaint Upon All Defendants Via U.S. Marshal Service (Filing No. 19 ) is granted, and the following procedure shall be used: (i) Because Plaintiff has indicated that he is unable to obtain the personal addresses of all of the defendants in order to serve them in their individual capacities, the clerk of court is directed to obtain the last-known addresses for defendants Frakes, Gage, Hughes, Hansen , Busboom, and Bulling-June from the United States Marshals Service for service of process on each defendant in their individual capacity. (ii) Upon obtaining the necessary addresses, the clerk of court is directed to complete and issue six (6) summo nses for defendants Frakes, Gage, Hughes, Hansen, Busboom, and Bulling-June in their individual capacities at the addresses provided by the Marshals Service. The clerk of the court is further directed to deliver these summonses, along with six (6) more summonses for service upon each defendant in their official capacities; twelve (12) USM-285 forms; the original Complaint (Filing No. 1 ); the Amended Complaint (Filing No. [17-1]); a copy of this order; a copy of the order granting Plaintiff's motion for leave to proceed in forma pauperis (Filing No. 6 ); and a copy of this court's Memorandum and Order on initial review (Filing No. 14 ) to the Marshals Service for service of process on all six (6) defendants in the ir individual and official capacities. (See attached Notice Regarding Service.) The clerk of the court is directed to file under seal any document containing the last-known personal addresses for the defendants. Federal Rule of Civil Pr ocedure 4(m) requires service of the complaint on a defendant within 90 days of filing the complaint. However, Plaintiff is granted, on the court's own motion, an extension of time until 120 days from the date of this order to complete service o f process. The clerk of the court is directed to set the following pro se case management deadline: March 23, 2017: check for completion of service of process. Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Filing No. 20 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
16
ORDER - Plaintiff's motion (Filing No. 15 ) for an extension of time to complete service of process is granted. Plaintiff is granted 30 days from the date of this order to complete service of process in the manner described in the court's prior order (Filing No. 14 ). The clerk of the court is directed to set the following pro se case management deadline: November 4, 2016: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
6
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP 2 is granted. Plaintiff must pay an initial partial filing fee of $17.72 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the court. The cler k of the court is directed to send a copy of this order to the appropriate 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: March 2, 2016: ini tial partial filing fee payment due. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in Plaintiff's case will be for the court to conduct an initial review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (KLF)
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