Russell v. Houston et al
| 4:2009cv03249 |
| December 8, 2009 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Richard G. Kopf |
| Pro Se Docket |
| Prisoner: Civil Rights |
| 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
111
MEMORANDUM AND ORDER - IT IS ORDERED that: In this case, the Clerk shall file the letter from Dennis G. Carlson, Counsel for Discipline with the State of Nebraska, and the attachment. The document will be restricted. Treated as an ethics grievance , the grievance is denied. The Clerk shall open and close an attorney discipline case including a copy of this Memorandum and Order and the grievance in that file. A copy of this Memorandum and Order shall be provided to Dennis G. Carlson, Nebraska's Counsel for Discipline, Magistrate Judge Zwart, Joshua Weir, Stuart Dornan and Patrick R. Russell at his last known address. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(TCL )
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Filing
87
TRANSPORT ORDER - This case is set for trial before the Honorable Richard G. Kopf, in the United States Federal District Court, at the Federal Building, 100 Centennial Mall North, Lincoln, Nebraska, courtroom 1, commencing on September 19, 2011, at 9 :00 a.m. In accordance with any departmental security requirements, the officials of the Nebraska Department of Correctional Services are directed to produce the concerned inmate from the Nebraska State Penitentiary in Lincoln, Nebraska, for said tr ial on the following date(s) at the hour indicated: INDIVIDUAL TO BE PRODUCED: DATE/TIME Thomas Nesbitt #36998 September 19, 2011 at 1:00 p.m. and September 20, 2011 at 9:00 a.m. IT IS SO ORDERED. Ordered by Judge Richard G. Kopf. (Copy mailed to Nebraska Department of Correctional Services and copy to USM) (TCL )
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Filing
84
ORDER granting 78 Motion to Strike. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
71
ORDER granting 70 Oral Motion Jury Trial set for 8/22/2011 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Pretrial Conference set for 8/11/2011 at 01:00 PM in Chambers before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
67
MEMORANDUM AND ORDER - IT IS ORDERED: The Clerk of the Court shall file the letter. Treating the letter as a motion, the motion is denied. All further communications with the court by plaintiff shall be conducted through plaintiff's counsel. The Clerk of the Court is directed to send a copy of this memorandum and order and the letter to counsel for plaintiff, counsel for defendant and to plaintiff at plaintiff's last known address. Ordered by Judge Richard G. Kopf. (Copies mailed as directed) (TEL)
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Filing
52
MEMORANDUM AND ORDER - The plaintiff's motion to file an amended complaint, (filing no. 47 ), is granted, and the plaintiff's amended complaint, a copy of which is attached to his motion, shall be filed on or before January 12, 2011. The defendants' motion to dismiss (filing no. 48 ) is denied without prejudice to re-filing after the plaintiff's amended complaint is filed of record. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
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Filing
46
ORDER granting 44 Motion for Leave to depose Plaintiff, Patrick Ronald Russell, and a witness, Thomas Nesbitt, inmates in the custody of the Nebraska Department of Correctional Services. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
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Filing
38
MEMORANDUM AND ORDER - A telephonic conference call is set for October 1, 2010 at 3:00 p.m. to discuss case progression issues. Counsel for the defendants will initiate the conference call. ( Telephone Conference set for 10/1/2010 at 03:00 PM by telephone before Magistrate Judge Cheryl R. Zwart.) Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Filing
34
MEMORANDUM AND ORDER - IT IS ORDERED that: 1. With thanks for accepting the appointment, Stu Dornan is hereby appointed to represent Plaintiff. The Clerk of the court shall provide Mr. Dornan with a copy of this Memorandum and Order. 2. Mr. Dornan s hall promptly enter his appearance. 3. Upon the entry of Mr. Dornan's appearance, the Clerk of the court shall immediately pay from the Federal Practice Fund the sum of $1,000 to Mr. Dornan. 4. A second and the last installment of $ 1,000 shall become due and payable upon the entry of judgment in the district court or upon an order terminating Mr. Dornan's service as Plaintiff's attorney. 5. Mr. Dornan may incur reasonable expenses when representing Plaintiff in accor dance with parts III(A), VI(C), VI(E), VI(F), VI(G), VI(H), and VI(I) of the Amended Plans for Administration of the Federal Practice Funds and Federal Practice Committee.1 See also NEGenR 1.7(g) and NECivR 54.3- 54..4 6. If this suit results in an a ward of attorney fees pursuant to 42 U.S.C. § 1988, Mr. Dornan shall reimburse the Federal Practice Fund from that award for the lesser amount of (a) the attorney's fee and expenses authorized in this order or (b) the attorney's fee an d expense awarded pursuant to 42 U.S.C. § 1988. He shall retain the greater of those two amounts. 7. The Clerk of the court shall provide Plaintiff, counsel for Defendants, Chief Judge Bataillon and Judge Zwart with a copy of this Memorandum and Order. 8. This case is referred to Judge Zwart for full pretrial management and further progression. Ordered by Judge Richard G. Kopf. (Copies mailed as directed and to pro se party)(TCL )
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Filing
31
MEMORANDUM AND ORDER - Plaintiff's Motion to Extend (filing no. 30 ) is granted in accordance with this Memorandum and Order. Plaintiff shall have until September 6, 2010, to respond to Defendants Motion for Summary Judgment. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
11
MEMORANDUM AND ORDER - Plaintiff's Motion for Reconsideration (filing no. 10 ) is granted. Plaintiff's claims against Defendants may proceed and service is now warranted. 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 TWELVE (12) summons forms and TWELVE (12) USM-285 forms (for service on Defendants in both their individual and official capacities) to Plainti ff 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 cannot occur. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: "July 28, 2010: 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. 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 Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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Filing
8
MEMORANDUM AND ORDER - Plaintiff's Complaint 1 is dismissed without prejudice because Plaintiff failed to comply with this court's orders. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAE)
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Filing
6
MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Patrick Ronald Russell shall pay an initial partial filing fee of $$0.13 by 1/10/2010, unless an enlargement of time is granted in response to a wri tten motion. After payment of the initial partial filing fee, Plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the court. 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 management deadline in this case using the following text: Ja nuary 10, 2010: initial partial filing fee payment due. Plaintiff shall keep the court informed of his current address at all times, and all parties are bound by the Federal Rules of Civil Procedure and by the court's Local Rules while this case is pending. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party and institution as ordered)(GJG)
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