Samuels v. Nebraska Dept. of Corrections et al
| Richard Z. Samuels |
| Nebraska Dept. of Corrections, Nebraska State Penitentiary and Frederick Hathaway |
| 4:2009cv03092 |
| May 11, 2009 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| XX US, Outside State |
| Pro Se Docket |
| Lyle E. Strom |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
45
MEMORANDUM AND ORDER - Plaintiff's motion for leave to proceed in forma pauperis on appeal (Filing No. 44 ) is granted. The clerk of the court shall process the appeal and shall provide the Court of Appeals with a copy of this memorandum and order. Plaintiff's motion to stay (Filing No. 40 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
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Filing
38
MEMORANDUM OPINION granting 23 defendant Dr. Frederick Hathaway's motion to dismiss. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (JSF)
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Filing
27
STRICKEN - MEMORANDUM AND ORDER - For the reasons set forth in the court's 8/18/08 Memorandum and Order, Petitioner's Petition for Writ of Habeas Corpus 1 is an unauthorized successive petition and is dismissed without prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF) Stricken on 11/3/2009 per 29 (JSF).
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Filing
12
MEMORANDUM AND ORDER that Plaintiff's claims against defendants DCS and NSP are dismissed. Plaintiff's request for injunctive relief and his Eighth Amendment claims against defendant Hathaway are also dismissed. Plaintiff's state law claims against defendant Hathaway for medical malpractice may proceed and service is now warranted as to those claims only. The clerk of the court shall send ONE (1) summons form and ONE (1) USM-285 form to plaintiff to complete and return to the Cl erk who will forward to US Marshal for service. Plaintiff is granted an extension of time until 120 days from the date of this order to complete service of process. The clerk of court is directed to set a pro se case management deadline in this case with the following text: 10/21/2009; Check for completion of service of summons. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with 1 summons and 1 Form 285)(ADB, )
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Filing
11
MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The filing fee shall be collected and remitted, as funds exist, in the manner set forth in 28 U.S.C. § 1915(b)(2). Until the full filing fee of $350.00 is pai d, the prisoner shall be obligated to pay, and the agency having custody of the prisoner shall forward to the clerk of the court, 20 percent of the preceding months income in such months as the account exceeds $10.00. The clerk of the court shal l serve a copy of this order on the appropriate financial officer for plaintiffs current institution. Plaintiff shall review the Notice RegardingSummons Forms attached to this Order. Ordered by Senior Judge Lyle E. Strom. (Copies mailed as directed and pro se party)(MKR)
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