Montin v. Estate of Dale Johnson et al
Case Number: 4:2007cv03271
Filed: December 6, 2007
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Pro Se Docket
Presiding Judge: Laurie Smith Camp
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
July 2, 2012 Opinion or Order Filing 124 MEMORANDUM AND ORDER granting 123 Plaintiff's Motion for Leave to Appeal in forma pauperis. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
June 12, 2012 Opinion or Order Filing 120 MEMORANDUM AND ORDER - 1) The parties' stipulated facts, (filing no. 104 ), are adopted.2) Plaintiff's motion for summary judgment, (filing no. 111 ) is denied.3) Defendant's motion for summary judgment, (filing no. 108 ), is granted.4) This case is dismissed in its entirety.5) Judgment shall be entered by separate document.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 11, 2012 Opinion or Order Filing 107 ORDER DISMISSING PARTY sustaining 106 Plaintiff's Motion to Dismiss Party. Christine Peterson is dismissed as a defendant in this lawsuit. John Montin, by and through his attorney, also gave notice that his prayer for relief in his amended complaint should be considered narrowed as stated. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 14, 2011 Opinion or Order Filing 105 CONSENT to Jurisdiction by US Magistrate Judge and Order of Reference - upon consent of parties, this case is referred to the Honorable Cheryl R. Zwart, United States Magistrate Judge, for all further proceedings and the entry of judgment in accord ance with 28 U.S.C. § 636(c), Fed. R. Civ. P.73 and the foregoing consent of the parties. Judge Magistrate Judge Cheryl R. Zwart added. Chief Judge Laurie Smith Camp no longer assigned to case. Ordered by Chief Judge Laurie Smith Camp. (GJG)
November 18, 2011 Opinion or Order Filing 103 MEMORANDUM AND ORDER - 1) The parties' joint oral motion, (filing no. 102 ), is granted, and a. On or before December 13, 2011, the parties shall file with the court a joint statement of stipulated facts. b. On or before January 13, 2012, the p arties shall file their respective summary judgment motions. Any responsive briefs filed on or before February 10, 2012. No reply shall be filed absent leave of the court. 2) The pretrial conference, including any deadlines for preparing the proposed pretrial conference order, is continued pending a ruling on the parties'dispositive motions. 3) The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Summary Judgment motions to be filed by January 13, 2012. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) Modified on 11/18/2011 to remove notice to pro se party. (JAB)
May 11, 2011 Opinion or Order Filing 92 MEMORANDUM AND ORDER regarding Opinion (Copy) of USCA 89 and COPY of Judgment from USCA, 90 . On April 14, 2011, the Eighth Circuit reversed this court's decision regarding Defendants Gibson and Peterson on the statute of limitations issue, a nd remanded this matter for further proceedings. The Eighth Circuit did not alter the court's dismissal of the remaining Defendants. The court has determined that a progression order will be entered for resolution of the "ultimate merits o f the underlying claims." The court has also determined that appointment of counsel for Plaintiff is appropriate. Michael Gooch is hereby appointed to represent Plaintiff and shall promptly enter his appearance in the matter. A separate progression order will be entered progressing this matter to final disposition on the merits of the underlying claims. Ordered by Judge Laurie Smith Camp. (Copy mailed to plaintiff and provided as directed.)(JAB)
November 19, 2009 Opinion or Order Filing 82 MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel 74 is denied without prejudice to reassertion before the Eighth Circuit. Plaintiff's Motion for Leave to Appeal In Forma Pauperis 78 is granted. Plaintiff's Motion for Leave to Use Original Record 73 is denied; and The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(KBJ)
September 1, 2009 Opinion or Order Filing 70 MEMORANDUM AND ORDER - Defendants Bill Gibson and Christine Peterson's Motion for Summary Judgment 57 is granted. All claims against Gibson and Peterson,sued in their official capacities only, are dismissed with prejudice. All claims against Defendants Estate of Dale Johnson, Bill Zinn, Jessie Rassmensen, and Barbra Ramsey, sued in their individual capacities only,are dismissed without prejudice. A separate judgment will be entered in accordance with this Memorandum and Order; and All other pending motions are denied. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(KBJ)
February 2, 2009 Opinion or Order Filing 47 MEMORANDUM AND ORDER - Defendants' Motion to Dismiss 28 is denied without prejudice to reassertion in a motion filed pursuant to Federal Rule of Civil Procedure 56. Defendants' Motion to Strike 39 is denied as Moot. Plaintiff's Motion to Strike 43 is denied as Moot; and Defendants shall file an answer within 10 days in accordance with Federal Rule of Civil Procedure 12(a)(4)(A). Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(KBJ)
September 9, 2008 Opinion or Order Filing 23 MEMORANDUM AND ORDER denying 16 Motion for Summary Judgment; denying 18 Motion to Dismiss; granting 19 Motion in Opposition To Dismissal; Defendants, in their official capacities, shall have until September 29, 2008 in which to file an answer o r other response to Plaintiff's Amended Complaint; Plaintiff shall have until October 9, 2008 in which to properly serve Defendants in their individual capacities; The Clerk of the court shall send SIX (6) summons forms and SIX (6) USM-285 forms to Plaintiff to complete and return to the Clerk who shall forward to US Marshal for service ; The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: "October 9, 2008: Check for completionof service of summons". Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party with 6 summonses and 285-forms)(ADB, )
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