Tyler v. Clarke, et al
Plaintiff: Billy Roy Tyler
Defendant: Ester Casmer, Linda Krutz, Matt Tracy, Fred Britten, Harold W. Clarke, Mike Johans, Francisco Delgado, Michael Kenney and Bob Boozer
Case Number: 4:2002cv03070
Filed: March 1, 2002
Court: US District Court for the District of Nebraska
Presiding Judge: Pro Se Docket
Referring Judge: Richard G Kopf
Nature of Suit: Prisoner: Prison Conditions
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 14, 2003. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2003 Filing 159 RECORD on appeal returned from USCA - 8th Circuit regarding Notice of Appeal #148 returning three volumes of the original court file (CV1, CV2, and CV3); case closed (BMH)
August 13, 2003 Opinion or Order Filing 158 MEMORANDUM AND ORDER regarding: Mandate/Judgment, from the Eighth Circuit Court of Appeals #157 ; Collection of the $105.00 appellate filing fee is referred to the U.S. Attorney for action. Signed by Judge Richard G. Kopf on 8/13/2003. (JAR, )
August 11, 2003 Filing 157 MANDATE/JUDGMENT from USCA - 8th Circuit, 03-2555, dismissing appeal for failure to prosecute, regarding Notice of Appeal #148 . The full $105.00 appellate filing and docketing fees are assessed against the appellant. (Attachments: #1 Cover Letter)(JAR, )
August 5, 2003 Filing 156 COPY of Order (Judgment) from USCA - 8th Circuit that the appeal is dismissed for failure to prosecute; $105 filing fee assessed against the appellant; court remands collection of fees to district court. (Attachment: #1 Letter by Clerk, USCA)(BMH)
July 28, 2003 Filing 155 Transmittal Letter to the 8th Circuit Court of Appeals 903-2555NEL) sending two copies of the Order #154 and Two Certified copies of the updated docket entries pursuant to the Order filed 7/28/03 (filing 154) - COPIES MAILED to Billy Roy Tyler, 4436 Ames Street, Omaha, NE 68111 (KBJ)
July 28, 2003 Opinion or Order Filing 154 ORDER regarding District Court Order #150 and Order from the USCA-8th Circuit #153 that the plaintiff was directed to pay the $105.00 appeal filing fee by 7/18/03. Plaintiff has not paid the filing fee; accordingly, the clerk of the court shall send a copy of this Order to the 8th Circuit as notice that the plaintiff has failed to pay the required fee. Signed by Judge Richard G. Kopf on 7/28/2003. (KBJ)
July 8, 2003 NOTICE by Clerk - It has been brought to our attention that the attorney notice field in CM/ECF was incomplete for attorney Linda Willard. After researching, we found that the problem occurred when a new release of the software was loaded on May 7, 2003. On July 8, 2003, we corrected the notice field and all attorneys now receive electronic notice. The docket sheet reflects the following document(s) filed in this case between May 7, 2003 and July 8, 2003: #151 , #147 , #148 , #149 , #152 , #150 , #153 . The Notice(s) of Electronic Filing erroneously reflect(s) that notice was sent to attorney Linda Willard in this case. In the event the attorney needs a copy of the above-referenced document(s), please contact the Help Desk in Omaha at 1-866-220-4381, option 0 or Lincoln at 1-866-220-4379, option 2. (JSF)
June 18, 2003 Filing 153 COPY of Order from USCA - 8th Circuit (03-2555NEL) that the Appellant is directed to pay the entire $105.00 filing fee to the Clerk of the District Court by 7/18/03. If the appellant fails to act by that date, the appeal will be dismissed for failure to prosecute. (Attachments: #1 transmittal letter)(KBJ)
June 11, 2003 Filing 152 2 COPIES of Notice of Appeal #148 , Order #147 , and Order regarding in forma pauperis #150 , along with the Original Court File (CV1), (CV2), and (CV3) and Certified Copies of the Docket Sheet to Clerk, USCA - 8th Circuit (KBJ)
June 6, 2003 Filing 151 Transmittal Letter to the 8th Circuit Court of Appeals regarding certified copies of the Order in regards to the "three strikes" provision #150 , and certified copies of updated docket entries. (KBJ)
June 6, 2003 Opinion or Order Filing 150 ORDER regarding Notice of Appeal #148 . The plaintiff shall have until no later than 7/2/03 to pay the $105.00 appellate filing fees. The Clerk of Court shall serve notice of this decision on the parties and the 8th Circuit Court of Appeals as to Plaintiff Billy Roy Tyler. Signed by Judge Richard G. Kopf on 6/6/2003. (KBJ)
June 3, 2003 Filing 149 COPY OF IFP MEMO prepared by deputy clerk and sent to the appropriate Judge regarding Notice of Appeal #148 on behalf of Plaintiff Billy Roy Tyler (KBJ)
June 2, 2003 Filing 148 NOTICE OF APPEAL regarding Order on Motion for Miscellaneous Relief #147 filed by Plaintiff Billy Roy Tyler. (KBJ )
May 29, 2003 Opinion or Order Filing 147 ORDER denying #146 Motion to Alter Judgment. Signed by Judge Richard G. Kopf on 5/29/2003. (JAR, )
March 18, 2003 Filing 146 MOTION to Alter Judgment regarding Judgment, #145 on behalf of Plaintiff Billy Roy Tyler. (JAR, )
March 10, 2003 Opinion or Order Filing 145 JUDGMENT regarding Order on Motion for Summary Judgment, Order on Motion for Reconsideration, Order on Motion for Recusal, Order on Motion for Miscellaneous Relief, Order on Motion to Strike, Order on Motion to Compel,Order on Motion for TRO, Order on Motion for Default Judgment, Order on Motion to Appoint Counsel, Order on Motion to Certify Class, #144 . Three of Plaintiff's four claims are severed and consolidated with case 4:02cv3286. Final claim in this case is Dismissed with prejudice. Signed by Judge Richard G. Kopf on 3/10/2003. (JAR, )
March 10, 2003 Opinion or Order Filing 144 ORDER denying 85 Motion for Summary Judgment, denying 80 Motion for Summary Judgment, denying #99 Motion for Reconsideration, denying #99 Motion for Recusal, denying #100 Motion, denying #104 Motion to Strike, denying #105 Motion, denying #111 Motion to Compel, denying [] Motion for Summary Judgment, denying #113 Motion, denying #114 Motion for TRO, denying #116 Motion to Strike, denying #117 Motion, denying #118 Motion to Strike, denying #121 Motion for TRO, denying #122 Motion, denying #123 Motion for Summary Judgment, denying #125 Motion, denying #129 Motion, denying #130 Motion for Recusal, denying #132 Motion for Default Judgment, denying #136 Motion, denying #137 Motion, denying #138 Motion for Recusal., denying #140 Motion to Appoint Counsel, denying #140 Motion to Certify Class, denying #140 Motion to Compel and denying 143 Motion as moot. All clamis are severed from this case and consolidated with case 4:02cv3286 except the Plaintiff's parole eligibility date claim. That claim is dismissed with prejudice. Signed by Judge Richard G. Kopf on 3/10/2003. (JAR, )
February 26, 2003 Filing 143 MOTION to enjoin parole board; on behalf of Plaintiff Billy Roy Tyler; DOCUMENTS ILLEGIBLE, MAINTAINED IN CLERK'S OFFICE FILE(TJS, )
February 26, 2003 Filing 142 SUPPLEMENT regarding Complaint 1 on behalf of Plaintiff Billy Roy Tyler. (JAR, )
February 18, 2003 Filing 141 BRIEF in Support of Motion for Recusal #138 on behalf of Plaintiff Billy Roy Tyler. (JAR, )
January 28, 2003 Filing 140 MOTION to Compel Discovery, MOTION to Certify Class and MOTION to Appoint Counsel to Represent the Class on behalf of Plaintiff Billy Roy Tyler. (Attachments: #1 Request for Inspection and Discovery)(JAR, )
January 24, 2003 Filing 139 AFFIDAVIT of Billy Roy Tyler on behalf of Plaintiff Billy Roy Tyler. (JAR, )
January 7, 2003 Filing 138 MOTION for Recusal and Disposition with attached Brief on behalf of Plaintiff Billy Roy Tyler. (JAR)
December 24, 2002 Filing 137 MOTION for Disposition on behalf of Plaintiff Billy Roy Tyler (CS, )
December 23, 2002 Filing 136 MOTION for disposition filed by Pro Se Plaintiff Billy Roy Tyler (JAE, )
December 19, 2002 Filing 135 MEMO BRIEF IN REPLY TO "BRIEF IN OPPOSITION" TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT #127 on behalf of Plaintiff Billy Roy Tyler (TJS, )
December 18, 2002 Filing 134 REPLY regarding Brief in Opposition to Plaintiff's Motion for Summary Judgment #127 on behalf of Plaintiff Billy Roy Tyler. (JAR, )
December 10, 2002 Filing 132 MOTION for Default Judgment against Francisco Delgado on behalf of Plaintiff Billy Roy Tyler. (JAR, )
December 9, 2002 Filing 131 MANDATE/JUDGMENT from the 8th Circuit court of appeals (02-2654NEL) on 10/4/02, appellant was ordered to pay the full appellate filing fee in this case. The clerk reviewed the district court docket on 12/3/02, and the docket fee has not been paid. Pursuant to the Court's Order date 10/4/02, this appeal is dismissed. (Attachments: #1)(KBJ)
December 5, 2002 Filing 130 MOTION for Recusal of Judge Kopf on behalf of Plaintiff Billy Roy Tyler. (JAR, )
December 4, 2002 Filing 129 MOTION TO CERTIFY CLASS ACTION on behalf of Plaintiff Billy Roy Tyler (TJS, )
December 4, 2002 Filing 128 INDEX in opposition Brief #127 by Attorney Linda L. Willard on behalf of Defendants Bob Boozer, Fred Britten, Ester Casmer, Harold W. Clarke, Michael Kenney, Linda Krutz (Attachments: #1 Exhibit 1-3)(Willard, Linda)
December 4, 2002 Filing 127 BRIEF in opposition to Motion for Summary Judgment #123 by Attorney Linda L. Willard on behalf of Defendants Bob Boozer, Fred Britten, Ester Casmer, Harold W. Clarke, Michael Kenney, Linda Krutz (Willard, Linda)
November 20, 2002 Filing 126 PRISONER ACCOUNT STATEMENT by Plaintiff Billy Roy Tyler regarding Order, #109 (JAR, )
November 19, 2002 Filing 125 MOTION-Modern Day Slaveship on behalf of Plaintiff Billy Roy Tyler. (JAR, )
November 5, 2002 Filing 123 MOTION De Novo for Summary Judgment on behalf of Plaintiff Billy Roy Tyler (CJB, )
November 5, 2002 Filing 122 MOTION for order (MODERN DAY SLAVE SHIP) on behalf of Plaintiff Billy Roy Tyler (CJB, )
November 5, 2002 Filing 121 MOTION for Temporary Restraining Order on behalf of Plaintiff Billy Roy Tyler. (JAR, )
November 5, 2002 Filing 117 MOTION for Release on behalf of Plaintiff Billy Roy Tyler. (JAR, )
November 1, 2002 Filing 120 SUPPLEMENT regarding Amended Complaint 68 on behalf of Plaintiff Billy Roy Tyler (JSF)
November 1, 2002 Filing 119 SUPPLEMENT regarding Amended Complaint 68 on behalf of Plaintiff Billy Roy Tyler (JSF)
November 1, 2002 Filing 118 MOTION to Strike Notice of Appeal #106 on behalf of Plaintiff Billy Roy Tyler (JSF)
November 1, 2002 Filing 116 MOTION to Strike Notice of Appeal #106 and request for disposition of this case by Plaintiff Billy Roy Tyler (KBJ)
October 28, 2002 Filing 115 BRIEF in Support of Motion for TRO #114 on behalf of Plaintiff Billy Roy Tyler (Attachments: #1)(JAR, )
October 28, 2002 Filing 114 Denovo MOTION for Temporary Restraining Order on behalf of Plaintiff Billy Roy Tyler. (JAR, )
October 28, 2002 Filing 113 MOTION and Affidavit for Court to Direct Respondent to grant a Parole Hearing on behalf of Plaintiff Billy Roy Tyler. (JAR, )
October 28, 2002 Filing 112 REPLY regarding Response, #101 on behalf of Plaintiff Billy Roy Tyler. (Part 1 of 2).(JAR, )
October 28, 2002 Filing 111 MOTION to Compel Discovery on behalf of Plaintiff Billy Roy Tyler. (JAR, )
October 28, 2002 (Part 2 of 2) MOTION for Summary Judgment on behalf of Plaintiff Billy Roy Tyler. (JAR, )
October 28, 2002 Filing 110 LETTER by Clerk requesting plaintiff's trust account statement from institution. (KBJ )
October 25, 2002 Opinion or Order Filing 109 ORDER that the clerk shall request the trust account statements from the plaintiff's institution. The plaintiff shall either pay the $105.00 appeal fee or file a motion to proceed in forma pauperis by 11/28/02. Signed by Judge Richard G. Kopf on 10/25/2002. (KBJ)
October 24, 2002 Filing 108 COPY OF MEMORANDUM from Deputy Clerk to District Judge Richard G. Kopf requesting determination as to the in forma pauperis status on appeal of plaintiff Billy Roy Tyler (KBJ)
October 24, 2002 Filing 107 Affidavit in REPLY regarding Order, 94 and in support of Motion for Summary Judgment and Recusal on behalf of Plaintiff Billy Roy Tyler (ATTACHMENT MAINTAINED IN CLERK'S OFFICE).(JAR)
October 23, 2002 Filing 124 SUPPLEMENT regarding Motion for Summary Judgment 80 on behalf of Plaintiff Billy Roy Tyler (Attachments: #1 #2)(TJS, )
October 23, 2002 Filing 106 NOTICE OF APPEAL regarding Order, 96 on behalf of Plaintiff Billy Roy Tyler. (JAR, )
October 23, 2002 Filing 105 MOTION (Disposition Request) on behalf of Plaintiff Billy Roy Tyler. (JAR, )
October 23, 2002 Filing 104 MOTION to Strike a paragraph in Order, 94 on behalf of Plaintiff Billy Roy Tyler. (JAR, )
October 21, 2002 Filing 103 CERTIFICATE of Service of Response to Request for Inspection and Discovery by Attorney Linda L. Willard on behalf of Defendants Bob Boozer, Fred Britten, Ester Casmer, Harold W. Clarke, Francisco Delgado, Mike Johans, Michael Kenney, Linda Krutz, Matt Tracy (JAR, )
October 21, 2002 Filing 102 INDEX in Support of Response to Motion for Summary Judgment, #101 by Attorney Linda L. Willard on behalf of Defendants Bob Boozer, Fred Britten, Ester Casmer, Harold W. Clarke, Francisco Delgado, Mike Johans, Michael Kenney, Linda Krutz, Matt Tracy (JAR, )
October 21, 2002 Filing 101 RESPONSE regarding Motion for Summary Judgment 80 , Motion for Summary Judgment 85 by Attorney Linda L. Willard on behalf of Defendants Bob Boozer, Fred Britten, Ester Casmer, Harold W. Clarke, Francisco Delgado, Mike Johans, Michael Kenney, Linda Krutz, Matt Tracy (Attachments: #1 #2)(JAR, )
October 17, 2002 Filing 100 MOTION (Designation of Record Transcript on Appeal) for Complaint to be sent to Court of Appeals on behalf of Plaintiff Billy Roy Tyler. (JAR, )
October 16, 2002 Filing 99 MOTION for Reconsideration regarding Order, 94 , MOTION for Recusal and Memo Brief in Support on behalf of Plaintiff Billy Roy Tyler. (Attachments: #1)(JAR, )
October 15, 2002 Opinion or Order Filing 98 ORDER denying 97 Motion ("Notice of Appeal") filed by Billy Roy Tyler. Signed by Judge Richard G. Kopf on 10/15/2002. (JAR, )
October 10, 2002 Filing 97 MOTION by plaintiff Billy Roy Tyler for an order regading his complaints against the court (KBJ)
October 10, 2002 Opinion or Order Filing 96 ORDER by Chief Judge Richard G. Kopf finding the APPEAL FROM MAGISTRATE'S ORDER by plaintiff Billy Roy Tyler re: refusal to set US Hearings on motions for TRO and Preliminary Injunction [95-1] is denied as moot in light of filing 94 - COPIES MAILED [EOD Date 10/11/02] (KBJ)
October 8, 2002 Filing 95 APPEAL FROM MAGISTRATE'S ORDER by plaintiff Billy Roy Tyler re: refusal to set US Hearings on motions for TRO and Preliminary Injunction (DKM)
October 7, 2002 Opinion or Order Filing 94 ORDER by Chief Judge Richard G. Kopf that filings nos. 80 and 85 are taken under advisement and will be addressed in the ordinary course of the court's business after the dfts have had an opportunity to respond; and that all other pending motions are denied - COPIES MAILED [EOD Date 10/11/02] (KBJ)
October 4, 2002 Filing 133 COPY of Order from USCA - 8th Circuit (02-2654NEL) that the Clerk of the Court for the 8th Circuit is directed to dismiss this appeal (without further order) for failure to prosecute unless Tyler pays the necessary appellate filing fee in full in cash within 120 days of the entry of this order. Tyler's motion to proceed in forma pauperis is denied. Tyler's other motions are denied without prejudice to his reasserting them when he has paid the appellate filing fee. (This order, filed at the 8th Circuit, was requested by the deputy clerk of the district court due to the reference of this order in the judgment #131 filed on 12/9/02.) (KBJ, )
October 2, 2002 Filing 93 AFFIDAVIT of plaintiff Billy Roy Tyler regarding motion for amercement [84-1] (KBJ)
October 2, 2002 Filing 91 APPEAL FROM MAGISTRATE'S ORDER by plaintiff Billy Roy Tyler re: court staff refusing to let plf talk to Judge Kopf (JAE)
September 30, 2002 Filing 92 NOTICE OF SERVICE by plaintiff Billy Roy Tyler of summones issued on 9/19/02 to Donald Stenberg at the state capital (KBJ)
September 30, 2002 Filing 90 APPEAL FROM MAGISTRATE'S ORDER by plaintiff Billy Roy Tyler re: all of "judge pro se law clerk" refusal (JAE)
September 30, 2002 Filing 89 APPEAL FROM MAGISTRATE'S ORDER by plaintiff Billy Roy Tyler re: a hearing date on the TRO (JAE)
September 30, 2002 Filing 88 MOTION by plaintiff Billy Roy Tyler to order defendant to turn off the air conditioner and turn on the heat (JAE)
September 24, 2002 Filing 87 MOTION by plaintiff Billy Roy Tyler for issuance of summons to Fred Britten and Matthew Tracy ; w/completed summons attached (JAE)
September 24, 2002 Filing 86 NOTICE by plaintiff Billy Roy Tyler of dft, Fred Britten's refusal to waive service of summons; with attachment (KBJ)
September 24, 2002 Filing 85 MOTION by plaintiff Billy Roy Tyler for partial summary judgment (KBJ)
September 20, 2002 Filing 84 MOTION by plaintiff Billy Roy Tyler for amercement (BMH)
September 19, 2002 Filing 83 MOTION by plaintiff Billy Roy Tyler for temporary restraining order and for preliminary injunction w/ memo brief in support included (BMH)
September 19, 2002 Filing 82 MOTION by plaintiff Billy Roy Tyler for default against Linda Krutz and Francisco Delgado (BMH)
September 19, 2002 Filing 81 MOTION by plaintiff Billy Roy Tyler for hearing on "TRO Pre Inj Motion" (BMH)
September 19, 2002 Filing 80 MOTION by plaintiff Billy Roy Tyler for summary judgment and memo brief in support (BMH)
September 19, 2002 Filing 79 MOTION by plaintiff Billy Roy Tyler to amerce defendants (BMH)
September 19, 2002 NINE SUMMONS ISSUED as to defendant Michael Kenney, defendant Harold W. Clarke, defendant Francisco Delgado, defendant Mike Johans, defendant Linda Krutz, defendant Bob Boozer, defendant Ester Casmer, defendant Fred Britten, defendant Matt Tracy (KBJ)
September 18, 2002 Filing 78 NOTICE (RETURN OF SERVICE) by plaintiff Billy Roy Tyler of that "on 9/12/02 7 copies of the summons issued herein on 8/21/02 to Donald B. Stenberg by US Mail postage prepaid (KBJ)
September 16, 2002 Filing 77 ANSWER by defendant Michael Kenney, defendant Harold W. Clarke, defendant Linda Krutz, defendant Bob Boozer, defendant Ester Casmer to complaint [68-1] (KBJ)
September 13, 2002 Filing 76 NOTICE OF SERVICE by plaintiff Billy Roy Tyler that "on 9-10-02 a copy of the request for waiver of summons and waiver with all the endorsements was served on all defendants and Stenberg's office by regular U.S. Mails". (RDB)
September 13, 2002 Filing 75 NOTICE (RETURN TO SERVICE) by plaintiff Billy Roy Tyler that "on 9-10-02 copies of summons served on Donald B. Stenberg by regular U.S. Mail postage prepaid". (RDB)
September 13, 2002 Filing 74 SUMMONS RETURNED EXECUTED upon defendant Linda Krutz on 8/27/02 (CJB)
September 13, 2002 Filing 73 SUMMONS RETURNED EXECUTED upon defendant Harold W. Clarke on 8/28/02 (CJB)
September 13, 2002 Filing 72 SUMMONS RETURNED EXECUTED upon defendant Mike Johans on 8/28/02 (CJB)
September 13, 2002 Filing 71 SUMMONS RETURNED EXECUTED upon defendant Francisco Delgado on 8/27/02 (CJB)
September 13, 2002 Filing 70 SUMMONS RETURNED EXECUTED upon defendant Michael Kenney on 8/28/02 (CJB)
September 13, 2002 Filing 69 SUMMONS RETURNED EXECUTED upon defendant Bob Boozer on 9/4/02 (CJB)
September 3, 2002 Filing 67 MOTION by plaintiff Billy Roy Tyler for hearing (TJS)
August 28, 2002 Filing 68 THIRD AMENDED COMPLAINT filed by plaintiff Billy Roy Tyler no summonses issued; adding defendant Fred Britten and defendant Matt Tracy. (TJS) Modified on 09/13/2002
August 12, 2002 SUMMONS ISSUED as to defendant Ester Casmer re: Second Amended Complaint (Filing #11). (RDB)
August 12, 2002 SUMMONS ISSUED as to defendant Harold W. Clarke re: Second Amended Complaint (Filing #11). (RDB)
August 12, 2002 SUMMONS ISSUED as to defendant Michael Kenney re: Second Amended Complaint (Filing #11). (RDB)
August 12, 2002 SUMMONS ISSUED as to defendant Bob Boozer re: Second Amended Complaint (Filing #11). (RDB)
August 12, 2002 SUMMONS ISSUED as to defendant Mike Johans re: Second Amended Complaint (Filing #11). (RDB)
August 12, 2002 SUMMONS ISSUED as to defendant Linda Krutz re: Second Amended Complaint (Filing #11). (RDB)
August 12, 2002 SUMMONS ISSUED as to defendant Francisco Delgado re: Second Amended Complaint (Filing #11). (RDB)
August 7, 2002 Filing 66 INDEX OF EVIDENCE ("EVIDENTIARY ADDENDUM") filed by plaintiff Billy Roy Tyler, with attachments. (RDB)
August 6, 2002 Filing 65 MOTION by plaintiff Billy Roy Tyler "to proceed in forma pauperis or otherwise defer payment to permit U.S. Marshall to effectuate service herein on the defendants" pending receipt of his $1,000.00 settlement monies , attached 1-page settlement agreement, and his "poverty affidavit". (RDB) Modified on 08/12/2002
August 6, 2002 Filing 64 INDEX OF EVIDENCE ("EVIDENTIARY MEMO") filed by plaintiff Billy Roy Tyler in support of his motion entitled "motion nunc pro tunc for TRO/Pre-Inj Memo Brief in Support" and request to be "released from "hole immediately" [63-1], with attachments consisting of NDCS letters and Inmate Interview Request forms. (RDB)
August 6, 2002 Filing 63 MOTION by plaintiff Billy Roy Tyler entitled "motion nunc pro tunc for TRO/Pre-Inj Memo Brief in Support" and request to be "released from "hole immediately". (RDB)
July 31, 2002 Opinion or Order Filing 62 MEMORANDUM AND ORDER: by Chief Judge Richard G. Kopf that the motion to alter or amend judgment [36-1] is granted to the extent stated in this Memorandum and Order; the judgment dismising this case [33-1] is hereby vacated; motions presently pending [42-1], [43-1], [44-1], [47-1], [49-1], [50-1], [51-1], [52-1], [53-1], [55-1], [56-1], [57-1], and [61-1] are denied as moot without prejudice of those matters if and when appropriate; initial review of the plf's complaint is concluded, it is now time for service of process; plf has 120 days from the date of this order in which to serve the dfts; failure to obtain service on the dfts within 120 days of the date of this Memorandum and Order may result in dismissal of this matter; Clerk shall provide the plf with summons forms for each dft; Clerk shall return the completed summons forms as soon as possible; the plf is advised to comply with the FRCP and the Local Rules of this court Case reopened - COPIES MAILED [EOD Date 8/1/02] (KBJ)
July 24, 2002 Filing 61 MOTION by plaintiff Billy Roy Tyler for relief ; with attachment (KBJ) Modified on 07/25/2002
July 24, 2002 Filing 60 COPY OF IFP MEMO prepared by deputy clerk and snet to appropriate judge for signature - COPIES MAILED (JAE)
July 22, 2002 Filing 56 MOTION by plaintiff Billy Roy Tyler for order to respond to motion to alter jgm (KBJ)
July 18, 2002 Filing 59 POVERTY AFFIDAVIT of Billy Tyler by plaintiff Billy Roy Tyler regarding notice of appeal [58-1] (JAE)
July 18, 2002 Filing 58 NOTICE OF APPEAL by plaintiff Billy Roy Tyler from District Court decision re: order [54-1] - COPIES MAILED, RGK (JAE)
July 18, 2002 Filing 57 MOTION by plaintiff Billy Roy Tyler to alter judgment filed 5/28/02 (JAE)
July 18, 2002 Filing 55 MOTION by plaintiff Billy Roy Tyler for order reinstating appeal to the USCA 8th Circuit (JAE)
July 11, 2002 TRANSMITTAL LETTER to USCA 8th Circuit re: order [54-1] and certified copies of updated docket entries - COPIES MAILED (KBJ)
July 10, 2002 Opinion or Order Filing 54 ORDER by Chief Judge Richard G. Kopf granting plf's motion to strike de novo notice of appeal and motions to appeal [45-1]; Clerk of the Court shall not process the appeal - COPIES MAILED [EOD Date 7/10/02] (KBJ) Modified on 07/16/2002
July 5, 2002 Filing 53 MOTION by plaintiff Billy Roy Tyler to recuse Judge Kopf (KBJ)
July 5, 2002 Filing 52 MOTION by plaintiff Billy Roy Tyler for order for disposition on motion to alter jgm (KBJ)
July 5, 2002 Filing 51 MOTION by plaintiff Billy Roy Tyler to recuse Judge Kopf from these proceedings (KBJ)
July 1, 2002 Filing 50 MOTION by plaintiff Billy Roy Tyler to recuse Chief Judge Richard Kopf (TJS)
July 1, 2002 Filing 49 MOTION by plaintiff Billy Roy Tyler for summary judgment (TJS)
July 1, 2002 Filing 45 MOTION by plaintiff Billy Roy Tyler to strike de novo notice of appeal and motions(s) to appeal ifp (KBJ)
July 1, 2002 Filing 44 MOTION by plaintiff Billy Roy Tyler for disposition on motion to alter jgm and memorandum brief (KBJ)
June 26, 2002 Filing 43 MOTION by plaintiff Billy Roy Tyler to appeal in forma pauperis ; with attached application for leave to proceed ifp (KBJ) Modified on 06/27/2002
June 25, 2002 Filing 42 MOTION by plaintiff Billy Roy Tyler for order on de novo addendum re: motion to alter/amend jgm and recusal motion (KBJ)
June 24, 2002 Filing 48 INDEX by plaintiff Billy Roy Tyler in support of motion for temporary restraining order [47-1] w/attachments (TJS)
June 24, 2002 Filing 47 MOTION by plaintiff Billy Roy Tyler for temporary restraining order (TJS)
June 24, 2002 Filing 46 SUPPLEMENT by plaintiff Billy Roy Tyler re amended complaint [10-1] (TJS)
June 21, 2002 Opinion or Order Filing 41 ORDER by Chief Judge Richard G. Kopf re: Notice of Appeal [38-1]; plf has not paid the appellate fee of $105.00, nor has he filed a motion to prceed ifp on appeal; therefore - prisoner payment ddl set for 7/5/02 for Billy Roy Tyler plf shall pay the appellate fee or file ifp no later than 7/5/02; the plf is advised that even if leave to proceed ifp on appeal is granted, the plf will remain liable for payment of the full $105.00 appellant filing fee in installments regardless of the outcome - COPIES MAILED [EOD Date 6/21/02] (KBJ)
June 17, 2002 Filing 40 2 CERTIFIED COPIES OF: Notice of Appeal [38-1], Judgment [33-1], Memorandum and Order [32-1], Memorandum to Chief Judge Kopf re: IFP status [39-1], and clerk's docket entries mailed to Clerk, U.S. Court of Appeals (8th Cir.); docket entries also mailed to plaintiff. (RDB)
June 17, 2002 Filing 39 COPY OF IFP MEMO prepared by Deputy Clerk and sent to Chief Judge Richard G. Kopf for review - COPIES MAILED (RDB)
June 14, 2002 Filing 38 NOTICE OF APPEAL filed by plaintiff Billy Roy Tyler from the U.S. District Court's Memorandum and Order [32-1] and Judgment [33-1] - COPIES MAILED, RGK (This pleading is stricken from the record pursuant to Judge Kopf's Order dated 7/10/02 filing #54) (RDB) Modified on 07/11/2002
June 14, 2002 Opinion or Order Filing 37 ORDER by Chief Judge Richard G. Kopf that clerk shall file document entitled Motion for new trial reconsideration - or Notice of appeal in alternative with supporting memorandum as a motion to alter or amend judgment; motion is taken under advisement; motion to recuse Judge Kopf from these proceedings [34-1] is denied; motion for addendum [35-1] is granted - COPIES MAILED [EOD Date 6/14/02] (SED)
June 5, 2002 Filing 35 MOTION by plaintiff Billy Roy Tyler for relief ; with attachment (KBJ)
May 30, 2002 Filing 36 MOTION by plaintiff Billy Roy Tyler to alter or amend judgment (TJS)
May 29, 2002 Filing 34 MOTION by plaintiff Billy Roy Tyler to recuse Judge Kopf from these proceedings (KBJ)
May 22, 2002 Filing 33 JUDGMENT by Chief Judge Richard G. Kopf re: Memorandum and Order[32-1] that the Second Amended Complaint filed by plf, Billy Roy Tyler, and the above entitled action are dismissed without prejudice; it is further ordered that the plf shall review the "notice upon filing of jgm" dismissing case - COPIES MAILED [EOD Date 5/22/02] (KBJ)
May 22, 2002 Opinion or Order Filing 32 MEMORANDUM AND ORDER: by Chief Judge Richard G. Kopf that this action and the plf's second amended complaint [10-1] are dismissed without prejudice; granting motion for leave to file a second amended complaint [11-1]; granting motion for initial review [29-1] and denying motion for issuance of summons [29-2]; and that all other pending motions are denied [31-1] [30-1] [26-1] [25-1] [3-2] [24-1] [23-1] [22-1] [20-1] [20-2] [19-1] [17-1] [16-1] [15-1] [12-1] [9-1] [8-1] [7-1] - COPIES MAILED [EOD Date 5/22/02] (KBJ)
May 20, 2002 Filing 31 MOTION by plaintiff Billy Roy Tyler for issuance of summons (KBJ)
May 20, 2002 Filing 30 MOTION by plaintiff Billy Roy Tyler for order for ititial determination and issuance of summonses (KBJ)
May 20, 2002 Filing 29 MOTION by plaintiff Billy Roy Tyler for initial review , and for issuance of summons (TJS)
May 20, 2002 Filing 28 PRAECIPE: by plaintiff Billy Roy Tyler re: issuance of summons (TJS)
May 20, 2002 Filing 27 MOTION by plaintiff Billy Roy Tyler for issuance of summons (TJS)
May 16, 2002 Filing 26 MOTION by plaintiff Billy Roy Tyler for disqualification of Judges Kopf and Jaudzemis (JSF)
May 16, 2002 Filing 25 MOTION by plaintiff Billy Roy Tyler to proceed in forma pauperis (JSF)
May 16, 2002 Filing 24 APPEAL FROM MAGISTRATE'S ORDER by plaintiff Billy Roy Tyler re: order [3-2] (JSF)
May 15, 2002 Filing 23 MOTION by plaintiff Billy Roy Tyler for order to issue process in this case (KBJ)
May 3, 2002 Filing 22 MOTION by plaintiff Billy Roy Tyler for issuance of a summons for Mike Johans, Governor of Nebraska (JAE)
April 29, 2002 Filing 21 AFFIDAVIT of and by plaintiff Billy Roy Tyler in support of his motions for temporary restraining order [20-1], and for preliminary injunction [20-2]; w/attachments (JAE)
April 26, 2002 Filing 20 MOTION by plaintiff Billy Roy Tyler for temporary restraining order or for preliminary injunction to immediately conduct a parole hearing; w/attachments (JAE)
April 26, 2002 Filing 19 MOTION by plaintiff Billy Roy Tyler that the clerk of court be held in contempt alon with Magistrate Judge Jaudzemis (JAE)
April 24, 2002 Filing 18 MOTION by plaintiff Billy Roy Tyler for contempt citation (KBJ)
April 24, 2002 Filing 17 MOTION by plaintiff Billy Roy Tyler to file claim (TJS)
April 23, 2002 Filing 16 MOTION by plaintiff Billy Roy Tyler for issuance of summons (TJS)
April 23, 2002 Filing 15 MOTION by plaintiff Billy Roy Tyler for contempt citation (TJS)
April 18, 2002 Filing 13 AFFIDAVIT by plaintiff Billy Roy Tyler regarding motion for temporary restraining injunction [12-1] (KBJ)
April 18, 2002 Filing 12 MOTION by plaintiff Billy Roy Tyler for temporary restraining order/preliminary injunction ; with attachments (KBJ) Modified on 04/19/2002
April 18, 2002 Filing 11 MOTION by plaintiff Billy Roy Tyler for leave to file a second amended complaint (KBJ)
April 17, 2002 Filing 10 AMENDED COMPLAINT: [1-1] by plaintiff Billy Roy Tyler no Summons issued; adding defendant Francisco Delgado, Mike Johans, Linda Krutz, Bob Boozer, Ester Casmer (KBJ)
April 17, 2002 Filing 9 MOTION by plaintiff Billy Roy Tyler for appointment of counsel of Mr. John J. Reefe, Jr as counsel of record (KBJ)
April 15, 2002 Filing 8 MOTION by plaintiff Billy Roy Tyler for order directing dfts to bring the FRCP to plf's cell (JAE)
April 12, 2002 Filing 7 MOTION by plaintiff Billy Roy Tyler for summary judgment (KBJ)
April 5, 2002 Filing 6 FILING FEE PAID Billy Roy Tyler on 4/5/02 in the amount of $ 150.00 receipt # 810916. (TJS)
April 1, 2002 Filing 5 MOTION by plaintiff Billy Roy Tyler for an extension of time to pay $150.00 filing fee (KBJ)
March 29, 2002 Filing 14 NOTICE by clerk Filing # 14 skipped in error (MKR)
March 18, 2002 Filing 4 INDEX OF EVIDENCE by plaintiff Billy Roy Tyler in support of plf's Complaint; with attached letter (KBJ)
March 1, 2002 Opinion or Order Filing 3 ORDER by Magistrate Judge Kathleen A. Jaudzemis (PS) - leave to proceed IFP is denied; Clerk shall retain plf's cmp; plf Billy Roy Tyler is given until 4/1/02 to remit the $150.00 filing fee or it will be subject to dismissal w/out further notice - COPIES MAILED (CJB) Modified on 03/12/2002
March 1, 2002 Filing 2 MOTION (POVERTY AFFIDAVIT) by plaintiff Billy Roy Tyler to proceed in forma pauperis w/attached trust account statement (CJB) Modified on 03/12/2002
March 1, 2002 Filing 1 COMPLAINT w/attachments (CJB)

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Search for this case: Tyler v. Clarke, et al
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Defendant: Ester Casmer
Represented By: Linda L. Willard
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Defendant: Linda Krutz
Represented By: Linda L. Willard
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Defendant: Matt Tracy
Represented By: Linda L. Willard
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Defendant: Fred Britten
Represented By: Linda L. Willard
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Defendant: Harold W. Clarke
Represented By: Linda L. Willard
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Defendant: Mike Johans
Represented By: Linda L. Willard
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Defendant: Francisco Delgado
Represented By: Linda L. Willard
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Defendant: Michael Kenney
Represented By: Linda L. Willard
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Defendant: Bob Boozer
Represented By: Linda L. Willard
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Plaintiff: Billy Roy Tyler
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