Emilio v. Nebraska Department of Correctional Services et al
| Pavon Emilio |
| Fred Britten, Robert P. Houston and Nebraska Department of Correctional Services |
| 4:2013cv03073 |
| April 3, 2013 |
| 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 |
| Plaintiff |
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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
87
MEMORANDUM AND ORDER that Britten's Motion for Summary Judgment 77 is granted, and Pavon's claims against Britten are dismissed with prejudice. The court has considered only the unsealed arguments and evidence in ruling on Britten's motion. Britten's Motion to File Under Seal 74 is granted. Accordingly, Filing Numbers 75 and 76 will remain under seal. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
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Filing
83
MEMORANDUM AND ORDER - Plaintiff's Motion to Stay Case Progression (Filing No. 72 ) and Motion for Order Compelling Discovery (Filing No. 73 ) are denied as moot. Defendant's Motion to File Under Seal (Filing No. 74 ) is held in abeyance pending the court's decision on the unsealed portions of the Motion for Summary Judgment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
69
MEMORANDUM AND ORDER - 1. Plaintiff's Motion to Stay Case Progression (Filing No. 68 ) is granted in part and only to the extent his requests for relief are consistent with the relief provided in this order. 2. Plaintiff's Motion to Appoint Counsel (Filing No. 66 ) is denied withoutprejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
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Filing
63
MEMORANDUM AND ORDER - Plaintiff's request for an order compelling discovery (Filing No. 59 ) is granted only to the extent it is consistent with the relief provided in this order. Defendant must respond to Plaintiff's request for production of documents by January 29, 2015. Defendant's objection (Filing No. 60 ) to Plaintiff's motion to compel is overruled. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
54
MEMORANDUM AND ORDER - Defendants' Motion to Dismiss (Filing No. 47 ) is granted in part and denied in part. Plaintiff's claims against Robert Houston are dismissed without prejudice. The remainder of Defendants' Motion to Dismiss is denied without prejudice to reassertion in a motion for summary judgment. In accordance with Federal Rule of Civil Procedure 12(a)(4)(A), Defendants shall file their answer no later than 14 days from the date of this Memorandum and Order. Following the filing of Defendant's answer, a separate progression order will be entered progressing this matter to final disposition. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (GJG)
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Filing
36
MEMORANDUM AND ORDER - Plaintiff's Discovery Motions (filing nos. 30 and 32 ) are denied. Plaintiff's Motion for Summons (filing no. 31 ) is granted in accordance with this Memorandum and Order. Plaintiff's Motions for Service (f iling nos. 34 and 35 ) are denied because his Summons and USM-285 forms contain insufficient information. Plaintiff's Motion for Enlargement of Time (filing no. 33 ) is granted. Plaintiff shall have until May 14, 2014, to complete service of process. 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 FOUR (4) summons forms and FOUR (4) USM-285 forms (for servi ce on Defendants in their individual and official capacities) 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. 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 forms, to be forwarded with a copy of the Complaint to the U.S. Marshal for service of process. The Marsh al 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 Plaintif f does not need to do so. Plaintiff is hereby notified that failure to obtain service of process on a defendant by May14, 2014, may result in dismissal of this matter as to such defendant without further notice. A defendant has twenty-one (21) day s after receipt of the summons to answer or otherwise respond to a complaint. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: "May 14, 2014: Check for service of summons." Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with forms)(GJG)
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Filing
27
MEMORANDUM AND ORDER - Plaintiff's Motion to Serve Summons (filing no. 26 ) is denied because his Summons and USM-285 forms contain insufficient information. To obtain service of process on Defendants, Plaintiff must complete and return the s ummons forms that the Clerk of the court will provide. The Clerk of the court shall send FOUR (4) summons forms and FOUR (4) USM-285 forms (for service on Defendants in their individual and official capacities) 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. In the absence of the forms, service of process cannot occur. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: January 14, 2014: Check for service of summons. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with 4 summons and USM-285 forms)(GJG)
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Filing
25
MEMORANDUM AND ORDER denying as moot 13 Motion to Extend. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(ADB)
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Filing
24
MEMORANDUM AND ORDER - Plaintiff's Motions to Appoint Counsel (filing nos. 7 and 14 ), Motion for Summons (filing no. 11 ), Motion for Return of Original Documents (filing no. 12 ) and Second Motion for Leave to Proceed IFP (filing no. 19 ) are denied. To 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 FOUR (4) summons forms and FOUR (4) USM-285 forms (for service on Defendants in their individual and official capacities) 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 cour t. In the absence of the forms, service of process cannot occur. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: "December 13, 2013: Check for completion of service of summons." Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with 4 summonses and USM 285 forms)(GJG)
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Filing
10
MEMORANDUM AND ORDER granting 4 Motion for Leave to Proceed in forma pauperis. Plaintiff Pavon Emilio shall pay an initial partial filing fee of $6.00 by 5/16/2013, unless an enlargement of time is granted in response to a written motion . Pro Se Case Management Deadline set for 5/16/2013: initial partial filing fee payment due. The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and to institution)(GJG, )
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