Baker v. Holcomb et al
| Robert F. Baker |
| Bruce Holcomb, John Doe, Lori Ann Nineman, Pamela Marr, Susan D., Unknown, Adele Tomsee, Reisbig, Von Behren, Donald Lucero, E. Abramson, Taylor, Chris Gordon, Kunze, Witherspoon and Jon T. Ukishma |
| 4:2008cv03174 |
| August 15, 2008 |
| US District Court for the District of Nebraska |
| Prisoner: Civil Rights Office |
| Cass |
| Pro Se Docket |
| Lyle E. Strom |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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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
47
ORDER OF DISMISSAL - The Joint Stipulation for Dismissal With Prejudice, filing 46 is granted. This case is dismissed with prejudice as to defendants Donald Lucero, Gregory Reisbig, and Aaron Von Behren, the complete record is waived and each party shall bear its own costs. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(GJG)
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Filing
16
MEMORANDUM AND ORDER on the Plaintiff's Motion for Reconsideration 15 . The Plaintiff's Motion for Reconsideration, filing 15 , will be granted. IT IS ORDERED that: The failure to protect claims are dismissed without prejudice in their e ntirety for failure to state a claim upon which relief may be granted; The plaintiff's excessive force claim against the defendants Von Behren, Reisbig and Lucero remains viable and summonses may be issued and served on those three defendants; T he plaintiff's Eighth Amendment medical claim against the defendants Bruce Holcomb, John Doe, and Lori Ann Nineman remains viable and summonses may be issued and served on those three defendants; All claims against all persons named in the compl aint and not named in paragraphs 1, 2, or 3 of this order are dismissed without prejudice; The clerk of the court shall send six summons forms and six U.S.M. 285 forms to the plaintiff together with a copy of this Memorandum and Order. The plaintiff shall, as soon as possible, and no later than July 15, 2009, complete the forms and send the completed forms back to the clerk of the court in order to obtain service of process on the defendants upon whom this order authorizes service. Fed. R. Civ. P. 4 requires service of the complaint on a defendant within 120 days of filing the complaint. However, because in this order the plaintiff is informed for the first time of these requirements, the plaintiff is granted, on the court's own motion , an extension of time until September 10, 2009, to complete service of process. The plaintiff is hereby notified that failure to obtain service of process on a defendant by September 10, 2009, will result in dismissal of this matter without further notice as to such defendant. A defendant has twenty (20) days after receipt of the summons to answer or otherwise respond to a complaint. The clerk of court is directed to set a pro se management deadline in this case with the following text: Septemb er 10, 2009: Check for completion of service of summons. The parties are bound by the Federal Rules of Civil Procedure and by the Local Rules of this court. The plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party along with 6 summons forms and 6 U.S.M. 285 forms)(LKH)
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Filing
14
MEMORANDUM AND ORDER - The plaintiff's Motion for Reconsideration (filing no. 12 ) is denied. The plaintiff shall have until April 21, 2009, to file an amended complaint in accordance with the court's previous memorandum and orders. No fur ther extensions of time to file an amended complaint will be permitted. In the event that the plaintiff fails to file an amended complaint by April 21, 2009, this matter will be dismissed without prejudice and without further notice. The clerk of the court is directed to set a pro se case management deadline with the following text: April 21, 2009: deadline to file amended complaint. The plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal without further notice. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(GJG)
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Filing
11
MEMORANDUM AND ORDER - The Plaintiff's Motion to Extend Time to Amend Complaint and Motion for Extension of Payment of the Filing Fee (filing no 10 ) is granted. The Plaintiff's Motion for Copies (filing no. 10 ) is denied. The Plaintiff shall have until March 19, 2009, to file an amended complaint in accordance with the court's previous Memorandum and Order. The Clerk of the court is directed to set a pro se case management deadline with the following text: March 19, 2009: de adline to file amended complaint. The Plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal without further notice. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(GJG)
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Filing
9
MEMORANDUM AND ORDER - The plaintiff's Fourth Amendment excessive force claims against Defendants Von Behren, Reisbig and Lucero, as well as the plaintiff's Eighth Amendment medical care claims against defendant medical personnel may procee d. The plaintiff shall have until December 12, 2008 to amend his Complaint to properly allege a failure to protect claim against the defendants. No summonses will be issued until after the plaintiff has had an opportunity to amend his Complaint in ac cordance with this Memorandum and Order. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: Check for amended complaint on December 12, 2008. The plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal without further notice. ( Pro Se Case Management Deadline set for 12/12/2008.) Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(GJG, )
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Filing
8
MEMORANDUM AND ORDER - Case reassigned to Judge Senior Judge Warren K. Urbom. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF)
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Filing
7
MEMORANDUM AND ORDER - Plaintiff's motion for leave to proceed in forma pauperis 2 is granted. Plaintiff shall pay an initial partial filing feeof $45.50 by November 26, 2008. After payment of the initial partial filing fee, plaintiff&# 039;s institution shall collect the additional monthly payments. The clerk 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 ma nagement deadline in this case using the following text: November 26, 2008: initial partial filing fee payment due. Plaintiff shall keep the Court informed of his current address at all times. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(Copy mailed to CJ-CASS, Cass County Jail)(JAE, )
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