Stack et al v. Saunders County Corrections et al
| James Dobbs, Anthony Flud, Reece R. Stack and Nathaniel L. White |
| LT - Fessler, Sgt Hawk, CPL Milliman, Advanced Correctional Healthcare, Brian Styskal, MH Muholland and Saunders County Corrections |
| 4:2011cv03197 |
| November 14, 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 |
| 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
122
MEMORANDUM AND ORDER - Defendants' Motion for Summary Judgment (filing no. 110 ) is granted. Plaintiff's federal law claims are dismissed with prejudice, and Plaintiff's state law claims are dismissed without prejudice to reassertion in the proper forum. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
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Filing
119
MEMORANDUM AND ORDER granting the Defendants' 118 MOTION to Extend. The Clerk of the court is directed to cancel the Final Pretrial Conference in this matter that is scheduled for March 13, 2014. A separate progression order resetting the dates for the Final Pretrial Conference, and all associated deadlines, may be entered after the court resolves the pending Motion for Summary Judgment. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
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Filing
108
MEMORANDUM AND ORDER - Defendants' Motion for Protective Order (Filing No. 102 ) is granted to the extent it requests a limitation on discovery, as set forth in this Memorandum and Order, and is otherwise denied. Plaintiff's Motion for D iscovery of Camera Footage (Filing No. 96 ) is denied. Plaintiff's Motion for Non Inmate Subpoenas (Filing No. 98 ) and Motion for Subpoenas and Additional Evidence (Filing No. 101 ) are granted. The Clerk of the court is directed to sen d Plaintiff Form AO 88B. Plaintiff's Motion for Writ of Habeas Corpus ad Testificandum (Filing No. 99 ) is granted in part and denied in part in accordance with this Memorandum and Order. Plaintiff's Motion for Copies (Filing No. 100 ) is denied. Plaintiffs Motion in Opposition to Defendants' Motion for Summary Judgment (Filing No. 107 ) is denied as moot. The trial date will be set by the Magistrate Judge at the time of the Final Pretrial Conference. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Pretrial conference before Magistrate Judge Cheryl Zwart to be held on March 13, 2014. Ordered by Chief Judge Laurie Smith Camp. (Copy with forms mailed to pro se party) (AOA)
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Filing
94
MEMORANDUM AND ORDER regarding pending motions and setting case progression. Ordered by Chief Judge Laurie Smith Camp. (JAB)
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Filing
71
MEMORANDUM AND ORDER- Muhollands Motion to Dismiss Plaintiffs Second Amended Complaint (Filing No. 54 ) is denied as premature; Plaintiffs Motion for Leave to file a third amended complaint (Filing No. 58 ) and his "Motion to Grant Second Amended Complaint" (Filing No. 61 ) are denied; Plaintiff shall have until March 25, 2013, to serve Muholland in his individual capacity. If Plaintiff fails to serve Muholland in his individual capacity by March 25, 2013, his claims against Muholland will be dismissed without further notice. To obtain service of process on Muholland, Plaintiff must complete and return the summons forms, which the Clerk of the court will provide. The Clerk of the court shall send ONE (1) summons forms and ONE (1) USM-285 forms (for service on Muholland in his individual capacity only) to Plaintiff together with a copy of this Memorandum and Order. Plaintiffs Discovery Motions (Filing Nos. 65 and 68 ) are denied as premature; and Because th is Memorandum and Order updates the parties regarding the status of this case, Plaintiffs Motions for Status (Filing Nos. 50 , 66 and 69 ) are denied as moot. ( Pro Se Case Management Deadline set for 3/25/2013: Check for completion of service of summons upon Muholland.) Ordered by Chief Judge Laurie Smith Camp. (Copies mailed as directed with 1 summons and 1 USM-285 Form)(MKR)
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Filing
43
MEMORANDUM AND ORDER - Stacks claims against Saunders County Corrections, Advanced Healthcare, Officer Garrish and Mallory Reeves are dismissed without prejudice for failure to state a claim upon which relief may be granted. Stacks claims against S tyskal and Muholland in their official capacities are dismissed without prejudice for failure to state a claim upon which relief may be granted. Stacks Eighth Amendment medical claims and state law claims against Styskal and Muholland in their indi vidual capacities may proceed; The Clerk of the court shall send TWO (2) summons forms and TWO (2) USM-285 forms (for service on Styskal and Muholland in their individual capacities only) to Stack together with a copy of this Memorandum and Order. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 12/12/2012:Check for completion of service of summons.) Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party with (2) USM-285 forms and (2) summons forms)(MKR)
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Filing
38
MEMORANDUM AND ORDER - Plaintiff's Motion for Extension of Time and Motion for Copies (Filing No. 37 ) is granted in part. Plaintiff shall have until April 30, 2012, to file an amended complaint in accordance with the court's March 15, 2012, Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (AOA)
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Filing
36
MEMORANDUM AND ORDER - Stack's Motion to Amend Complaint (Filing No. 35 ) is granted. Stack's Amended Complaint fails to state a claim upon which relief may be granted. Stack shall have until March 30, 2012, to file a second amended comp laint that sufficiently establishes this court's subject matter jurisdiction. If Stack fails to file a second amended complaint, this matter will be dismissed for failure to prosecute diligently and failure to comply with court orders. In the event that Stack files a second amended complaint, he shall restate the allegations of his amended complaint (Filing No. 35 ) and any new allegations. Failure to consolidate all claims into one document will result inthe abandonment of claims. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Review amended complaint on March 30, 2012; dismiss if not filed. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (AOA)
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Filing
34
MEMORANDUM AND ORDER- Plaintiffs Nathaniel L. White, Anthony Flud and James Dobbs are dismissed from this matter; Stack shall have until March 12, 2012, to file an amended complaint that raises claims only on his behalf. If Stack fails to file an amended complaint, his Complaint (Filing No. 1 ) will be dismissed for failure to prosecute diligently and failure to comply with court orders; In the event that Stack files an amended complaint, he shall restate the allegations of his Complaint (Filing No. 1 ) and any new allegations, including those raised in his Supplements and Letters. Failure to consolidate all claims into one document will result in the abandonment of claims; Stacks Motion to Appoint Counsel (Filing No. 2 ) is deni ed without prejudice to reassertion. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 3/12/2012; Review amended complaint; dismiss if not filed). Ordered by Chief Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party) (MKR)
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Filing
15
MEMORANDUM AND ORDER - Stack's Motion for Leave to Proceed In Forma Pauperis (Filing No. 5 ) is granted. Stack shall pay an initial partial filing fee of $0.41 by January 9, 2012, unless an enlargement of time is granted in response to a w ritten motion. The Clerk of the court is directed to send a copy of this order to the appropriate official at Stacks institution. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: January 9, 2012: initial partial filing fee payment due. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and as directed) (AOA)
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