Jones v. Nebraska Department of Correctional Services Officials et al
Marvel Jones |
Francis Britten, Scott Busboom, John's and Jane's Does, Brian Gage, Michelle Hillman, Frank X. Hopkins, Robert Houston, James Jansen, Jones, Nebraska Department of Correctional Services Officials, Robert Needham, Cathy Peters, Shawn Sherman, Robin Spinolea and Larry Wayne |
8:2013cv00067 |
March 1, 2013 |
US District Court for the District of Nebraska |
8 Omaha Office |
Joseph F. Bataillon |
Pro Se Docket |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
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Filing 72 MEMORANDUM AND ORDER that Plaintiff's second request for an extension of time in which to file a notice of appeal (Filing No. 71 ) is denied. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB) |
Filing 70 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Extension of Time (Filing No. 69 ) is granted. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL ) |
Filing 51 ORDER overruling 50 Objection to the court's Memorandum and Order dated June 12, 2014. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (KMG) |
Filing 47 MEMORANDUM AND ORDER - Defendants' Motion to Dismiss (Filing No. 33 ) is granted in part. Plaintiff's claims against Defendants Michelle Capps, Robin Spindler, Larry Wayne, Brian Gage, Shawn Sherman, and Scott Busboom are dismissed wit hout prejudice. The remainder of Defendants' Motion to Dismiss is denied without prejudice to reassertion in a motion for summary judgment. Plaintiff's Objection (Filing No. 36 ) to Defendants' Motion to Dismiss is sustained to t he extent it is consistent with this Memorandum and Order. In accordance with Federal Rule of Civil Procedure 12(a)(4)(A), Defendants shall file their answer no later than 14 days from the date of this Memorandum and Order. Following the fil ing of Defendants' answer, a separate progression order will be entered progressing this matter to final disposition. Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2 ) and Motion for Extension of Time to Pay Filing Fee (Filing No. 44 ) are denied as moot, as Plaintiff has now paid the full amount of the court's filing fee. Plaintiff's Motion to Compel Discovery (Filing No. 41 ) is denied without prejudice to reassertion until after the court enters a progression order in this matter. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(AOA) |
Filing 43 MEMORANDUM AND ORDER- The court's previous Memorandum and Order granting Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Filing No. 8 ) is stricken, and Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2 ) remains pending. Plaintiff has until May 19, 2014, to either show cause why he is entitled to proceed IFP pursuant to 28 U.S.C. §1915(g) or pay the courts $350.00 filing fee. In the absence of either action by Plaintiff, this mat ter will be dismissed without further notice. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: May 19, 2014: Deadline for Plaintiff to show cause or pay full filing fee. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(AOA) |
Filing 32 MEMORANDUM AND ORDER - Plaintiff's Objection to the court's May 15, 2013, Memorandum and Order, which the court liberally construes as a Motion for Reconsideration (filing no. 10 ) and Plaintiff's Motion to Disclose Defendant's Addresses (filing no. 11 ) are denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA) |
Filing 9 MEMORANDUM AND ORDER - Plaintiff's claims against NDCS and the Individual Defendants in their official capacities, and Plaintiff's access to courts claims, are dismissed without prejudice. Plaintiff's constitutional claims relating t o his legal mail, alleged against the Individual Defendants in their individual capacities, and Plaintiff's state law claims, may proceed. Plaintiff's Motion for Appointment of Counsel (filing no. 5 ) is denied. To obtain service of p rocess on Defendants in their individual capacities, Plaintiff must complete and return the summons forms which the Clerk of the court will provide. The Clerk of the court shall send THIRTEEN summons forms and THIRTEEN USM-285 forms to Plaintiff, t ogether with a copy of this Memorandum and Order. Plaintiff 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 Clerk of Court is directed to set a pro se case management deadline in this case with the following text: "September 11, 2013: Check for completion of service of summons." Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(AOA) |
Filing 8 MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed In Forma Pauperis (filing no. 2 ) is granted. Plaintiff shall pay an initial partial filing fee of $5.18 by April 26, 2013, unless an enlargement of time is granted in respo nse to a written motion. If the initial partial filing fee is not received by the specified deadline, this case will be dismissed. The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's inst itution. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: April 26, 2013: initial partial filing fee payment due. Ordered by Judge Joseph F. Bataillon. (Copies mailed as directed and to pro se party)(AOA) |
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