Zuck v. Peart et al
| William Zuck |
| Janet Boyer, Carriage House Companies, Salvador Cruz, Unknown Dana, Unknown Doe, Jane Does, John Does, Unknown Dorton, Charles Glenn, H.J. Heinz Co., Frank Hopkins, Robert Houston, Keefe Group, Robert Madsen, Mario Peart, Portion Pac, Diane Sabatka-Rine and Unknown Number of Companies |
| 4:2012cv03252 |
| December 19, 2012 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Pro Se Docket |
| Richard G. Kopf |
| 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
174
MEMORANDUM AND ORDER granting 172 Plaintiff's Motion for Leave to Proceed in Forma Pauperis on Appeal. Plaintiff shall pay an initial partial filing fee of $9.90 within 30 days 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. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
164
MEMORANDUM AND ORDER that Defendants' Motion to Dismiss (Filing No. 87) and Motion for Summary Judgment (Filing No. 135) remain pending. Zuck's Rule 56(d) Motion (Filing No. 151) is denied. Zuck's Motion for Clarification of Defendan ts' Attorneys in their Official and Individual Capacities (Filing No. 156) is granted to the extent the relief he seeks is consistent with that provided in this order. Zuck's Motion for Preliminary Injunction (Filing No. 159) is denied. As sistant Attorney General Amie Larson must file a notice in this case within seven days clarifying which Defendants she represents in this matter and in what capacities she represents them. Zuck must file his response to Defendants' Motion for S ummary Judgment (Filing No. 135) within 21 days. Failure to do so will result in the court considering the motion unopposed by Zuck. The court will not tolerate any more delays in this case absent a showing of extraordinary circumstances. The cle rk's office is directed to set the following pro se case management deadline: March 25, 2015: Deadline for counsel to file notice concerning representation of Defendants. The clerk's office is directed to set the following pro se case management deadline: April 10, 2015: Check for response to summary-judgment motion; consider motion unopposed if none filed. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MBM)
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Filing
140
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Defendants' Objection (Filing No. 138 ) is sustained. Zuck's Motion for Enlargement of Time (Filing No. 114 ) and Motion to Compel Discovery (Filing No. 123 ) are denied without prejudice to Zuck filing, if necessary, a proper motion pursuant to Rule 56(d) of the Federal Rules of Civil Procedure. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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Filing
118
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion to File Supplemental and Amended Complaint (Filing No. 111 ) is denied. Defendants' Objection (Filing No. 113 ) is sustained. As set forth in the courts order da ted September 9, 2013, this matter will proceed against Mario Peart, Diane Sabatka-Rine, Robert Houston, Janet Boyer, Charles Glenn, Tanya Dana, Mr. Dorton, Salvador Cruz, Robert Madsen, and Frank Hopkins on Plaintiff's allegations that (1) thes e Defendants' refusal to provide him with a fasting meal violates his religious rights in violation of the First and Fourteenth Amendments, and the Religious Land Use and Institutionalized Persons Act, (2) these Defendants' refusal to pr ovide him with a fasting meal violates his equal protection rights, and (3) these Defendants have deprived him of nutritionally adequate food. Although not explicitly set forth in the courts order dated September 9, 2013, the court notes that Plain tiff's allegations that Defendants have deprived him of nutritionally adequate food encompass Plaintiffs argument that this denial was retaliatory. Thus, any dispositive motions filed by the parties should address this issue. Defendants Frank Hopkins and Robert Houston's Motion to Dismiss (Filing No. 87 ) remains pending. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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Filing
90
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's "Motion for Reconsideration and Reassertion of Motion for Appointment of Counsel" (Filing No. 83 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL)
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Filing
82
MEMORANDUM AND ORDER - IT IS ORDERED that: Plaintiff will be given one final opportunity in which to serve Defendants in their official capacities. On the court's own motion, Plaintiff shall have until June 5, 2014, in which to complete servi ce of process on Defendants in their official capacities. No further extensions of time to serve Defendants in their official capacities will be given. A. The clerk's office is directed to set a pro se case management deadline with the followi ng text: June 5, 2014: Deadline for Plaintiff to complete service of process on defendants in their official capacities. B. The clerk's office is directed to send to Plaintiff 10 summons forms and 10 USM-285 forms for service on Defendants in th eir official capacities. Plaintiff's unopposed Motion filed pursuant to Federal Rule of Civil Procedure 56(d) is granted. Accordingly, the court will defer consideration of Defendants' Motion for Summary Judgment until after the discovery period ends, as set forth below. The clerk's office is directed to term the motion event for Defendants' Motion for Summary Judgment. (Filing No. 51 .) Defendants may reassert their motion after the discovery period ends. Plaintiff's Motions (Filing Nos. 57 , 60 , 69 , 72 ) are granted to the extent they are consistent with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with Summons and 285 Forms)(TCL )
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Filing
79
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Defendants shall have 14 days from the date of this Memorandum and Order to respond to the aforementioned motions. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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Filing
68
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion to Extend (filing no. 65 ) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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Filing
64
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Appointment of Counsel (filing no. 48 ) is denied without prejudice to reassertion. Plaintiff's Motion for Status (filing no. 57 ) is granted in accordance with this Memorandum and Order. Plaintiff's Motions for Extension of Time to Respond to Defendants' Motion for Summary Judgment (Filing nos. 58 and 62 ) are granted. Plaintiff shall respond to Defendants' Motion for Summary Judgment n o later than March 28, 2014. The Clerk of the court shall send TWO (2) summons forms and TWO (2) USM-285 forms to Plaintiff together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and send the co mpleted 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 will 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. Plaintiff will be given until April 14, 2014, to complete service of process on Defendants. If Plaintiff does not complete service of process by April 14, 2014, his claims ag ainst any unserved defendants may be dismissed without prejudice and without further notice, and this action will proceed only as to Plaintiff's claims against the defendants who have been served. The clerk's office is directed to set a pro se case management deadline with the following text: April 14, 2014: Deadline for Plaintiff to complete service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with Summons Forms)(TCL )
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Filing
46
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff will be given 60 days from the date of this Memorandum and Order to complete service of process on Defendants. If Plaintiff does not complete service of process within 60 days, his clai ms against any unserved defendants may be dismissed without prejudice and without further notice, and this action will proceed only as to Plaintiff's claims against the defendants who have been served. The clerk's office is directed to se t a pro se case management deadline with the following text: March 6, 2014: Deadline for Plaintiff to complete service of process. Plaintiff's "Motion for Extension of Time to Serve Defendants" (Filing No. 43 ) is granted only to the extent that it is consistent with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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Filing
21
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: "Plaintiff's First Interrogatories to Defendant Frank Hopkins," which the court liberally construes as a motion seeking discovery, is denied. (Filing No. 18 .)Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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Filing
17
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion for Reconsideration (Filing No. 16 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL)
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Filing
15
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's claims against Mario Peart, Diane Sabatka-Rine, Robert Houston, Janet Boyer, Charles Glenn, Tanya Dana, Mr. Dorton, Salvador Cruz, Robert Madsen, and Frank Hopkins may proceed t o service as they relate to Plaintiff's allegations that (1) these Defendants' refusal to provide him with a fasting meal violates his religious rights in violation of the First and Fourteenth Amendments, and the Religious Land Use and In stitutionalized Persons Act, (2) these Defendants' refusal to provide him with a fasting meal violates his equal protection rights, and (3) these Defendants have deprived him of nutritionally adequate food. Plaintiff's claims that he has been denied a religious diet because Defendants (1) refuse to supply him with a diet that complies with the Word of Wisdom, (2) refuse to inform him of which canteen items comply with the Word of Wisdom, and (3) refuse to give him advance notice of which menu items comply with the Word of Wisdom are dismissed without prejudice for failure to state a claim upon which relief may be granted. Accordingly, Plaintiff's claims against the following Defendants are dismissed in their entirety: K eefe Group, H.J. Heinz Co., Carriage House Companies, Portion Pac, and Unknown Number of Companies. To obtain service of process on Defendants, Plaintiff must complete and return the summons forms that the Clerk of the court will provide. The Clerk of the court shall send 10 summons forms and 10 USM-285 forms to Plaintiff, 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. I n the absence of the forms, service of process cannot occur. Upon receipt of the completed forms, the Clerk of the court will sign the summons forms, to be forwarded with a copy of the Complaint and Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons and the Complaint and Amended Complaint without payment of costs or fees. Service may be by certified mail pursuant to Federal Rule of Civil Procedure 4 and Nebraska law in the discretion of the Mars hal. The Clerk of the court will copy the Complaint and Amended Complaint, and 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 res ult in dismissal of this matter without further notice as to such defendant. A defendant has 21 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 deadlin e in this case with the following text: "January 6, 2014: 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 her current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with Summons and 285 Forms)(TCL )
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Filing
13
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff has failed to state a claim upon which relief may be granted with respect to his First Amendment, RLUIPA, and equal protection claims. However, on the court's own motion, he shall have 30 days from the date of this Memorandum and Order to file an amended complaint in accordance with this Memorandum and Order. Any amended complaint must restate the allegations of the current complaint and any new allegations. Failure to cons olidate all claims into one document may result in the abandonment of claims. If Plaintiff fails to file an amended complaint, this matter will proceed only as to Plaintiff's inadequate-nutrition claims. The clerk's office is directed t o set a pro se case management deadline in this case using the following text: Check for amended complaint on June 27, 2013, and allow only inadequate-nutrition claims to proceed to service if none filed. Plaintiff's monetary damages claims aga inst Defendants in their official capacities are dismissed. Plaintiff's Motion to Appoint Counsel (Filing No. 4 ) is denied. Plaintiff's Motion for Discovery (Filing No. 10 ) is denied. Defendant's Motion for Preliminary Injunction (Filing No. 5 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
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Filing
9
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Leave to Proceed In Forma Pauperis (filing no. 2 ) is granted. Plaintiff shall pay an initial partial filing fee of $27.28 by March 8, 2013, unless an enlarge ment 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. After payment of the initial partial filing fee, Plaintiff's institution sha ll 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 of ficial 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: March 8, 2013: 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 Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(TCL )
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