Bernhardt v. Danaher et al
| Kevin Bernhardt |
| Dan Danaher, Kim Doht, Steve Tollefson, Terry Butkus and John Casebolt |
| 4:2011cv03042 |
| March 22, 2011 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Laurie Smith Camp |
| Pro Se Docket |
| Prisoner: Civil Rights |
| 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
73
MEMORANDUM AND ORDER - Defendants' Motion for Summary Judgment (Filing No. 62 ) is granted. All other pending motions are denied as moot. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (TEL)
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Filing
17
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Eighth Amendment claims against Defendants in their individual capacities may proceed; To obtain service of process on Defendants, Plaintiff must complete and return the summons fo rms which the Clerk of the court will provide. The Clerk of the court shall send FIVE (5) summons forms and FIVE (5) USM-285 forms (for service on Defendants in their individual capacities only) to Plaintiff together with a copy of this Memorandum an d 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; Upon receipt of the completed forms, the Clerk of the court w ill sign the summons form, to be forwarded with a copy of the Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons and Complaint 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 Complaint, and Plaintiff does not need to do so; Fed. R. Civ. Pro. 4 requires service of the complaint on a defendant within 120 days of filing the complaint. However, because in this order Plaintiff is informed for the first time of these requirements, Plaintiff is granted, on the court's own motion, an extension of time until 120 days from the date of this order to complete service of pro cess; 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. A defendant has twenty (20) days after receipt of the summons to answer or otherwise respond to a complaint; The Clerk of Court is directed to set a pro se case management deadline inthis case with the following text: "September 27, 2011: Check forcompletion of service of summ ons."; 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; and Plaintiff's Motion for Appointment of Counsel (Filing No. 4 ) is denied. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party as directed)(5 Summons and USM-285 forms mailed as directed) (TEL)
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Filing
9
MEMORNADUM AND ORDER granting the Plaintiff's 2 Motion for Leave to Proceed in forma pauperis. Plaintiff shall pay an initial partial filing fee of $0.45 by April 25, 2011, unless an enlargement of time is granted in response to a writte n motion. If the initial partial filing fee is not received by the specified deadline, this case will be dismissed; After payment of the initial partial filing fee, Plaintiffs institution shall collect the additional monthly payments in the manner se t 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 theappropriate official at Plaintiffs institution; The Clerk of the court is d irected to set a pro se case management deadline in this case using the following text: April 25, 2011: 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 courts Local Rules while this case is pending; and Plaintiff shall review the Notice Regarding Summons Forms attached to this Order. Pro Se Case Management Deadline set for 4/25/2011:initial partial filing fee payment due. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party and as directed)(MKR)
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