MacGregor v. Hillman et al
| Jack E. MacGregor |
| Michelle Hillman, Robert Houston, Fred Britten, Michelle Donovan, Aaron Smith, John LeDuc, Brian Kirkendall, Richard Brittenham, Brian Gage, John Doe #1 and John Doe #2 |
| 4:2007cv03263 |
| November 21, 2007 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Johnson |
| Richard G. Kopf |
| Pro Se Docket |
| 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
58
MEMORANDUM AND ORDER - This matter is before the court on its own motion. On April 13, 2009, Defendants filed a Suggestion of Death, stating that Plaintiff "died on Thursday, February 28, 2009." (Filing No. 55 .) The court then entered a M emorandum and Order permitting Plaintiff's survivors until July 13, 2009, "to submit an appropriate motion for substitution." (Filing No. 56 .) The court warned that "[i]f no motion is filed, this matter will be dismissed." (Id.) No motion for substitution has been filed. IT IS THEREFORE ORDERED that: 1. This matter is dismissed without prejudice. 2. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Richard G. Kopf. (GJG)
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Filing
56
MEMORANDUM AND ORDER - This matter is before the court on its own motion. On April 13, 2009, Defendants filed a Suggestion of Death, stating that Plaintiff died on Thursday, February 28, 2009. (Filing No. 55 .) IT IS THEREFORE ORDERED that: Plaintif f's survivors shall have 90 days, or until July 13, 2009, in which to submit an appropriate motion for substitution. If no motion is filed, this matter will be dismissed. The Final Pretrial Conference scheduled for May 20, 2009 is cancelled. The Clerk of the court shall send a copy of this Memorandum and Order to Magistrate Judge Piester. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH)
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Filing
53
MEMORANDUM AND ORDER-This matter is before the court on its own motion. It has come to the court's attention that Plaintiff may be deceased. IT IS THEREFORE ORDERED that: Defendants shall conduct an investigation and determine whether Plaintiff in this action is, in fact, deceased. In the event that Defendants determine that Plaintiff is deceased, Defendants shall file a Suggestion of Death no later than April 13, 2009. Pro Se Case Management Deadline: April 13, 2009: Deadline for submission of suggestion of death. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH)
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Filing
52
ORDER- This matter is before the court on Plaintiff's Motion to Appoint Counsel. (Filing No. 51 .) The court cannot routinely appoint counsel in civil cases. IT IS THEREFORE ORDERED that: Plaintiff's Motion to Appoint Counsel (filing no. 51 ) is denied. No later than March 5, 2009, Defendants shall file a response to Plaintiff's Notice to the Court. (Filing No. 50 .) In particular, Defendants shall inform the court of any steps taken to insure that Defendants have not interfered with Plaintiffs prosecution of this action and whether all of Plaintiff's legal materials have been confiscated. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH)
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Filing
46
MEMORANDUM AND ORDER regarding motions. IT IS ORDERED: (1) In accordance with the plaintiff's request, the plaintiff's amended complaint is deemed to consist of plaintiff's Amended Complaint, (filing no. 36 ), plus exhibits 1 through 33 of plaintiff's original complaint, (filing no. 1 , at CM/ECF pp. 22-56). (2) As explained in the court's ruling on initial review, the plaintiff's damage claims against the defendants in their official capacity remain dismissed wi th prejudice. (3) The Rule 12(b)(6) motion to dismiss filed by Defendants John LeDuc, Michelle Donovan, Brian Gage, Richard Brittenham, Brian Kirkendall, Michelle Hillman, Fred Britten, and Robert P. Houston, in their individual capacities only, (fil ing no. 38 ), is denied. (4) The named and served defendants, in their individual and official capacities, are given until October 1, 2008 to file their answer to plaintiff's amended complaint. (5) The plaintiff's motion to compel, (filin g no. 45 ), is granted. With the exception of Aaron Smith, the named defendants shall serve answers to the plaintiff's pending discovery requests, a copy of which can be found at Filing No. 45 , at CM/ECF p. 4 (Exhibit 42), on or before Octobe r 1, 2008, and shall file a certificate of service in accordance with Nebraska Civil Rule 33.1(e) when these discovery answers are served. (6) The Clerk of the court is directed to set a pro se case management deadline in this case using the followin g text: October 1, 2008 defendants' deadline for filing an answer and for serving their answers to plaintiff's written discovery regarding the whereabouts of Aaron Smith. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKL)
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Filing
8
MEMORANDUM AND ORDER regarding pending motions. 1. Plaintiff's motion to proceed IFP (filing 2) is granted. Plaintiff shall pay an initial partial filing fee of $0.03 by December 27, 2007, unless an enlargement of time is granted in respo nse to a written motion. In the absence of the initial partial filing fee by the specified deadline, this case is subject to dismissal. Plaintiff shall keep the court informed of his current address at all times. Plaintiff's motion for appointment of counsel (filing 4) is denied without prejudice. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party and institution)(JAB)
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