Payne v. Britten et al
| Christopher M. Payne |
| Jerry Bell, Fred Britten, Christopher Connelly, Michelle Hillman, Mailroom Person 1, Mailroom Person 2 and Lee Tinkler |
| 4:2011cv03017 |
| February 11, 2011 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Joseph F. Bataillon |
| Pro Se Docket |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
161
ORDER that the Clerk of Court shall close this case. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
159
ORDER that the Plaintiff's Motion for Extension (Filing 157 ) is granted. If Plaintiff wishes to withdraw his Notice of Appeal (Filing 152 ) and Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing 153 ), Plaintiff shall inform the court of such withdrawal on or before January 4, 2016, in the absence of which Plaintiff's appeal shall be processed. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
155
ORDER that if Plaintiff wishes to withdraw his Notice of Appeal (Filing 152 ) and Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing 153 ), Plaintiff shall inform the court of such withdrawal within 10 days of the date of this order. T his court shall begin preliminary processing of Plaintiff's appeal by ordering from Plaintiff's institution a trust account statement reflecting Plaintiff's account activity and balance for the six months preceding the filing of the No tice of Appeal (Filing 152 ). The Clerk of Court shall (a) order from Plaintiff's correctional institution a trust account statement reflecting Plaintiff's account activity and balance for the six months preceding the filing of Plaintiffs Notice of Appeal, and (b) file such statement in this case. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
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Filing
150
MEMORANDUM AND ORDER that the motion (Filing 132 ) for summary judgment based on qualified immunity filed by defendants Fred Britten, Christopher Connelly, Michelle Hillman, Lee Tinkler, Mailroom Person 1, Mailroom Person 2, Benny Noordhoek, Carina McRoberts, and J. Kunzman in their individual capacities is granted, and Plaintiff's First and Fourth Amendment claims against these defendants in their individual capacities are dismissed with prejudice. This memoranda and order, along with th ose entered previously (Filings 20 , 83 , 107 ), dispose of all claims in this case, and final judgment will be entered by separate document. Plaintiff's counsel is relieved of any further responsibility upon this court's entry of judgment. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(LAC)
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Filing
144
ORDER - Counsel for each party shall jointly call Kris Leininger (402-437-1640) to schedule oral argument. Counsel for defendants shall initiate the call. This must be done by the end of next week. Oral argument shall be scheduled after July 2, 20 15. Oral argument will be scheduled for one hour. The moving party will go first. The opposing party will go second. The moving party may then engage in rebuttal if that party has time remaining. Each side shall have 30 minutes total to make their argument. At oral argument, I specifically want counsel to walk me through each piece of mail that was retained for any period of time, including the returned items, and I want to know counsels' views on each such item. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
143
ORDER regarding Motion for Summary Judgment filing 132 . Counsel for the Plaintiff and the Defendants shall meet and confer regarding all withheld mail that is handwritten. With regard to the withheld mail that is handwritten, the Plaintiff and the Defendants shall prepare and submit an agreed typewritten version of the mail, separately identifying each piece of mail by reference to an exhibit number. The parties shall have until July 2, 2015 to complete this task. The responses required by this order shall be filed as restricted documents. Counsel for the Plaintiff shall not make the contents available to the Plaintiff. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
138
MEMORANDUM AND ORDER - Defendants' Motion to File Under Seal (filing 134 ) is granted in part in accordance with this Memorandum and Order. The Clerk of the court is directed to restrict filing 136 . However, I remind Defendants that I may, at a later date, choose to lift the restriction on filing 136 . The Clerk of the court, and Plaintiff's attorney, shall ensure that Plaintiff does not have access to the Exhibits in filing 136 . On the court's own motion, Plaintiff shall have until May 15, 2015, to file a response to Defendants' Motion for Summary Judgment. If Plaintiff does not intend to respond, counsel for Plaintiff shall promptly advise me by filing a notice in the court file. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
129
ORDER - After conferring with counsel to discuss further case progression:1) If the parties encounter any unanticipated discovery issues, they shall promptly contact the undersigned magistrate. Motions to compel shall not be filed without first c ontacting the chambers of the undersigned magistrate judge to set a conference for discussing the parties' dispute.2) The government's anticipated motion for summary judgment shall be filed on or before March 9, 2015.3) If th is case is not fully resolved by summary judgment, within ten (10) days after the summary judgment ruling, the parties shall contact the undersigned magistrate judge's chambers to schedule the pretrial conference and trial.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
125
MEMORANDUM AND ORDER - After consultation with Chief Judge Smith Camp, and with her approval, and pursuant to the Amended Plan for the Administration of the Federal Practice Fund and the Federal Practice Committee, II.A.1.a, and the inherent authorit y of this Court, D.C. "Woody" Bradford III is herewith appointed as counsel for Mr. Payne. I thank Mr. Bradford for accepting this appointment. Mr. Bradford shall be paid a total of $2,000 in fees plus reasonable expenses, and the C lerk shall pay him $1,000 of that sum at this time with the balance of the fees and any expenses to be paid at the conclusion of the case. I reserve the right to tax the fees and expenses of Mr. Bradford as sanctions or costs against one or b oth parties. Mr. Bradford shall promptly enter his appearance. The Motion to Appoint Counsel (filing no. 113 ) is granted to the extent provided herein but is otherwise denied. The Motion to File Under Seal (filing no. 120 ) submitted on behalf of the defendants is granted. No later than seven days after the date of this order, counsel for the defendants shall provide to Mr. Bradford, by regular United States Mail, legible copies of: (a) filing no. 67 , an Evidence Index plus one exhib it; (b) filing no. 68 , an Evidence Index plus one exhibit; (c) filing no. 118 , an Evidence Index plus 11 exhibits attached thereto; (d) filing no. 119 , an Evidence Index, plus the three exhibits attached thereto; and (e) filing no. 121 , a n Evidence Index, plus one exhibit attached thereto. Counsel for the defendants should note that the hyperlinks shown above are to the Evidence Indexes only, and that counsel must also provide Mr. Bradford with the exhibits attached thereto. Abse nt an order from this Court, Mr. Bradford shall not provide Mr. Payne with copies of filings 67, 68, 119 or 121 or the exhibits attached thereto. The Motion for Order to Show Cause (filing no. 124 ) is denied. However, counsel for the defendants is cautioned that compliance with the representation that the defendants will voluntarily return 11 items to the plaintiff (see filing no. 115 ; filing no. 116 ) is mandatory and must be complied with in a prompt fashion. This matter is referre d to Magistrate Judge Zwart for further progression. Magistrate Judge Zwart is advised that after remand of this case from the Court of Appeals, I issued a Memorandum and Order (filing no. 107 ). I respectfully recommend that Magistrate Judge Zwart carefully examine that Memorandum and Order to familiarize herself with this unusual case. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party; copy to finance. ) (GJG)
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Filing
122
MEMORANDUM AND ORDER - Plaintiff's Motion for Protective Order (filing 114 ) is denied. Defendants' Motion to Seal (filing 117 ) is granted and filing 119 shall remain sealed. Defendants are reminded that I may, at a later date, choose to unseal filing 119 . The Clerk of the court is directed to restrict filing 118 . However, I warn the parties that I may, at a later date, choose to lift the restriction on filing 118 . Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
116
MEMORANDUM AND ORDER - By November 7, 2014, Defendants shall return 11 of the withheld mail items to Plaintiff and the other two withheld mail items to the senders. In addition, Defendants shall file legible copies of all 13 mail items, and the tw o mail items they believe are in violation of prison regulations may be filed under seal. Defendants are reminded that the court may, at a later date, choose to unseal these items. If, for some reason, legible copies cannot be generated, the originals of those documents that cannot be reproduced in a readable form shall be retained and I should be immediately advised. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
112
ORDER - IT IS ORDERED that on or before the close of business on Friday, October 24, 2014, counsel for the defendants shall advise the undersigned as to the questions set forth in the following paragraphs: (1) Will the defendants voluntarily produ ce to the plaintiff and file in the court file the several pieces of Paynes mail, both incoming and outgoing, that have been held pending criminal investigation since October 13, 2010? (2) Do the defendants intend to file a motion for summary judgment? Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
107
MEMORANDUM AND ORDER - Motion to dismiss (filing no. 37 ) construed to be applicable to all Defendants who are or were state employees is denied with respect to the second facet of Payne's claim that the Defendants held several items of inc oming and outgoing mail for a long period of time and continue to hold those items without justification. The remaining Defendants have 30 days to answer or plead further. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (GJG)
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Filing
93
MEMORANDUM AND ORDER - Defendants' Motion for Reconsideration and Determination of Qualified Immunity and to Toll Time Period for Filing an Answer (filing no. 84 ) is granted in part and denied in part in accordance with this Memorandum a nd Order. Defendants shall file their answer within 10 days of the date of this Memorandum and Order. Plaintiff's Motion for Protective Order (filing no. 86 ) is denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA)
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Filing
71
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (filing no. 70 ) is denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA)
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Filing
64
MEMORANDUM AND ORDER - Pursuant to Fed. R. Civ. P. 12(d), the pending Motions to Dismiss in this matter are converted into Motions for Summary Judgment. Defendants shall have 21 days from the date of this Memorandum and Order to file briefs, and a ny additional evidence, in support of their converted Motions for Summary Judgment. Plaintiff shall have 21 days to file a response to Defendants' briefs. If Plaintiff files a response, Defendants shall have seven days to file a reply. Because Defendants have moved for qualified immunity, discovery in this matter is stayed until the court rules on the pending Motions for Summary Judgment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (AOA)
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Filing
61
MEMORANDUM AND ORDER - Defendants shall have 14 days to supplement the record with properly authenticated evidence to show that they were censoring and confiscating Plaintiff's mail in accordance with a legitimate criminal investigation. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: March 23, 2012: deadline to file supplement. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
23
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel 22 is denied. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(KBJ)
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Filing
20
MEMORANDUM AND ORDER - Plaintiff's monetary damages claims against the TSCI Defendants and Bell in their official capacities are dismissed without prejudice in accordance with this Memorandum and Order. Plaintiff's Fourteenth Amendment pro cedural due process claims against the TSCI Defendants and Bell are dismissed without prejudice in accordance with this Memorandum and Order. Plaintiff's First and Fourth Amendment claims for injunctive relief against the TSCI Defendants and Be ll in their official capacities, and Plaintiff's First and Fourth Amendment against the TSCI Defendants and Bell in their individual capacities may proceed. Plaintiff's Motion for Temporary Restraining Order 11 nad 19 is denied. Plain tiff's Request for the Appointment of Counsel 1 is denied without prejudice to reassertion. Plaintiff's Motion for Production of Documents 15 is denied as premature. Plaintiff's Motion for Praecipe For Summons 6 is granted to t he extent provided in this Order. The Clerk of the court shall send NINE (9) summons forms and NINE (9) USM-285 forms (for service on Defendants in both their individual capacities and official capacities) to Plaintiff together with a copy of this M emorandum and Order. The Marshal shall serve the summons, the Complaint and the Amended Complaint without payment of costs or fees. The Clerk of the court will copy the Complaint and the Amended Complaint (filing nos. 1 and 18), Plaintiff does not need to do so. Plaintiff is hereby notified that failure to obtain service of process on a defendant within 120 days of the date of this order may result in dismissal of this matter without further notice as to such defendant. The Clerk of the Cour t is directed to set a pro se case management deadline in this case with the following text: October 24, 2011: Check for completion of service of summons. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party along with 9 blank summons and USM-285 forms) (KBJ)
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Filing
7
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP 2 is granted. Plaintiff shall pay an initial partial filing fee of $13.36 by April 11, 2011, unless an enlargement of time is granted in response to a written motion. If the initial partial filing fee is not received by the specified deadline, this case will be dismissed. 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 co urt is directed to set a pro se case management deadline in this case using the following text: April 11, 2011: initial partial filing fee payment due. Plaintiff shall keep the court informed of his current address at all times. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and to plaintiff's institution)(KBJ)
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