Daugherty v. City of Lincoln et al
Arrmon H. Daugherty |
Armstrong, City of Lincoln, Denzin, Hose, Lincoln Police Department, Smith and Vigil |
4:2010cv03111 |
June 9, 2010 |
US District Court for the District of Nebraska |
4 Lincoln Office |
Joseph F. Bataillon |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 72 MEMORANDUM AND ORDER - Plaintiff's "Motion to Withdraw Document Regarding Notice of Appeal" (Filing No. 71 ) is granted. Plaintiff's appeal is dismissed, and the clerk's office shall not process the appeal to the Eighth Circuit Court of Appeals. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG, ) |
Filing 70 MEMORANDUM AND ORDER - Plaintiff's Motion for Relief from Judgment (Filing No. 65 ) is denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG ) |
Filing 62 MEMORANDUM AND ORDER Defendants Motion for Protective Order (Filing No. 60 ) is denied. Defendants need not respond to Plaintiffs discovery requests. If a progression order is later entered in this matter, Plaintiff will be required to re-serve his discovery requests in accordance with that progression order. Ordered by Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(GJG) |
Filing 48 MEMORANDUM AND ORDER regarding MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2), 12(b)(5) and 12(b)(6) 43 filed by defendants Hose, Smith, Armstrong, Lincoln Police Department, Vigil, City of Lincoln, and Denzin. Defendants' Motio n to Dismiss (filing no. 43 ) is denied without prejudice to reassertion. Plaintiff shall have until November 4, 2011, to properly serve Defendants with service of process. ***Pro Se Case Management Deadline set for 11/4/2011: Deadline for Plaintiff to properly serve Defendants. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party with 7 summons and 285 forms)(JAB) |
Filing 47 MEMORANDUM AND ORDER denying 46 Plaintiff's Motion for Stay. It has been approximately 40 days since Plaintiff filed his motion, and he has yet to file an amended complaint. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(JAB) |
Filing 30 MEMORANDUM AND ORDER - The plaintiff shall 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 SEVEN summons forms and SEVEN USM-2 85 forms to Plaintiff, together with a copy of this Memorandum and Order. Upon receipt of the completed forms, the Clerk of the court will sign the summonsforms, to be forwarded with a copy of the Amended Complaint to the U.S. Marshal for service ofp rocess. The Marshal shall serve the summons and Amended Complaint without payment of costsor fees. Plaintiff is hereby notified that failure to obtain service of process on a defendantwithin 120 days of the date of this order may result in dismissal of this matter without further noticeas to such defendant. A defendant has 21 days after receipt of the summons to answer or otherwiserespond to a complaint. The Clerk of Court is directed to set a pro se case management deadline in this case with th e following text: May 3, 2011: Check for completion of service of summons. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 5/3/2011.) Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed; 7 Summons/7 USM-285 forms mailed)(MKR) |
Filing 24 ORDER denying as moot 22 Motion for Leave to Appeal in forma pauperis. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAB) |
Filing 20 MEMORANDUM AND ORDER - Plaintiff's Notice of Appeal 18 , which the court liberally construes as a Motion for Relief from Judgment pursuant to Federal Rule of Civil Procedure 60(b), is granted. Plaintiff shall have until December 22, 2010, to a mend his Complaint. The clerk of the court is directed to resend to Plaintiff the court's September 16, 2010, Memorandum and Order 10 . The clerk of the court is directed to set a pro se case management deadline in this case using the followi ng test: Check for amended complaint on December 22, 2010. 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 12/22/2010 - Check for amended complaint onDecember 22, 2010.)Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed.)(JAE) |
Filing 16 MEMORANDUM AND ORDER - This matter is dismissed without prejudice because Plaintiff failed to prosecute this matter diligently and failed to comply with this court's orders. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA) |
Filing 13 MEMORANDUM AND ORDER regarding returned mail 12 . This case cannot be prosecuted in this court if Plaintiff's whereabouts remain unknown. Plaintiff shall have until November 12, 2010, to apprise the court of his current address, in the absence o f which this case will be dismissed without prejudice and without further notice. ***Pro Se Case Management Deadline set for 11/12/2010: deadline for informing court of new address. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAB) |
Filing 11 MEMORANDUM AND ORDER denying as moot 8 Motion to Extend. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF) |
Filing 10 MEMORANDUM AND ORDER - The court now conducts an initial review of the Complaint to determine whether summary dismissal is appropriate. Plaintiff shall have until October 17, 2010, to amend his Complaint to clearly state a claim upon which relief may be granted against Defendants in accordance with this Memorandum and Order. If Plaintiff fails to file an amended complaint, Plaintiff's claims against Defendants will be dismissed without further notice. ***Pro Se Case Management Deadlines: Check for amended complaint on October 17, 2010. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAB) |
Filing 7 MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Arrmon H. Daugherty shall pay an initial partial filing fee of $12.54 by 7/23/2010, unless an enlargement of time is granted in response to a written motion. Pro Se Case Management Deadline set for 7/23/2010: initial partial filing fee payment due. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and plaintiff's institution)(JAB) |
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