Montin v. Gibson et al
| John Maxwell Montin |
| Bill Gibson, Y. Scott Moore, Rajeen Chaturvedi and Marc Ostrander |
| 4:2009cv03153 |
| July 17, 2009 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Lancaster |
| Pro Se Docket |
| Lyle E. Strom |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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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
104
MEMORANDUM OPINION - Defendants' Motion for Summary Judgment 77 is granted, defendants' Motions to Strike (Filing Nos. 92 and 97 ) are denied and Montin's objections (Filing Nos. 91 and 96 ) are denied. 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)(AOA)
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Filing
84
MEMORANDUM AND ORDER - Defendants' Motion for Leave to File Supplemental Brief (Filing No. 80 ) is granted. Plaintiff's Motion for Extension of Time (Filing No. 83 ) is granted. Plaintiff shall file an opposing brief no later than December 21, 2011. Ordered by Senior Judge Lyle E. Strom. (Copy mailed/e-mailed to pro se party)(GJG)
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Filing
75
MEMORANDUM AND ORDER - Plaintiff's Motion for Judicial Notice (Filing No. 73 ), construed as a Motion to Supplement, is granted. Plaintiff's Motion to Comply (Filing No. 60 ), construed as a Motion to Compel, is granted as stated in this M emorandum and Order. Defendants shall have until October 7, 2011, to respond to requests 1, 2, 4, 5, 6 and 8 of plaintiff's Request of Records and Other Materials. Ordered by Senior Judge Lyle E. Strom. (Copy mailed/e-mailed to pro se party)(GJG)
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Filing
55
MEMORANDUM AND ORDER - The defendants' motion for leave to file an amended answer 54 is granted. Ordered by Senior Judge Lyle E. Strom. (Copy mailed/e-mailed to pro se party) (AOA)
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Filing
48
MEMORANDUM AND ORDER - IT IS ORDERED: To obtain service of process on defendants, plaintiff must complete and return the summons forms which the clerk of the court will provide. The clerk of the court shall send THREE (3) summons forms and THREE (3) USM-285 forms to plaintiff together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the clerk of the court. In the absence of the forms, service of process canno t occur. Upon receipt of the completed forms, the clerk of the court will sign the summons forms, to be forwarded with a copy of the Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons and Amended Compla int without payment of costs or fees. Service may be by certified mail pursuant to Fed. R. Civ. P. 4 and Nebraska law in the discretion of the Marshal. The clerk of the court will copy the Amended Complaint, and plaintiff does not need to do so. Fed . R. Civ. Pro. 4 requires service of a complaint on a defendant within 120 days of filing the complaint. However, the Court is extending this deadline and providing plaintiff with additional time to complete service of process. Plaintiff is hereby notified that failure to obtain service of process on a defendant by April 28, 2011, may 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 otherw ise respond to a complaint. The clerk of the Court is directed to cancel the progression order deadlines set in the Court's September 13, 2010, Order Setting Schedule for Progression of Case (Filing No. 40 ). A separate progression order may be entered after plaintiff has an opportunity to serve defendants Moore, Chaturvedi and Ostrander in their individual capacities. The parties are bound by the Federal Rules of Civil Procedure and by the Local Rules of this Court. Plaintiff shall kee p 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 Lyle E. Strom. (Copy mailed to pro se party)(3 Summons Forms and 3 USM-285 Forms mailed as directed) (TEL)
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Filing
43
MEMORANDUM AND ORDER - Plaintiff's motion for stay and evidentiary hearing (Filing No. 41 ), construed as a motion to reconsider, is granted. Defendants shall have until December 6, 2010, to supplement the record with information to show the s teps that the United States Marshal took to locate Moore, Chaturvedi and Ostrander. After defendants have filed their supplement, plaintiff shall have 14 days to respond. This case shall continue to proceed in accordance with the Courts September 13, 2010, Progression Order. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(JAE)
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Filing
27
MEMORANDUM AND ORDER - Defendants' motion to dismiss (Filing No. 24 ) is denied. Plaintiff shall have until July 5, 2010, in which to properly serve defendants. Clerk to mail summons forms for completion and return. ***Pro Se Case Management Deadline set for 7/5/2010: Check for completion of service of summons. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with 5 summons and 285 forms)(JAB)
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Filing
14
ORDER denying 9 Motion to Appoint Counsel. To obtain service of process on defendants, the Clerk will provide the plaintiff with 6 summons forms and 6 USM-285 forms. Plaintiff is given until 4/26/2010 to complete service of process. The Clerk is directed to set a pro se case management deadline for 4/26/2010: Check for completion of service of summons. Ordered by Senior Judge Lyle E. Strom. (Copy mailed as directed and to pro se party) (JSF)
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Filing
8
MEMORANDUM AND ORDER that plaintiff shall have until 9/30/09 to amend his complaint. The Clerk is directed to set a pro se case management deadline for 9/30/09: check for amended complaint and dismiss if none filed. Plaintiff shall keep the court informed of his current address. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (JSF)
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Filing
7
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(ADB, )
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