Winters v. Baker et al
| Beauford Wilmer Winters |
| Sandford, Herrea, Ballue and Baker |
| 4:2013cv03135 |
| July 22, 2013 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Pro Se Docket |
| Lyle E. Strom |
| 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
33
MEMORANDUM OPINION before the Court on the motion of defendants to dismiss plaintiff's official capacity claims 31 . A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
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Filing
30
MEMORANDUM AND ORDER - The Defendants' Motion to Dismiss plaintiff's assault and battery claims 26 is granted. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
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Filing
28
MEMORANDUM AND ORDER denying the Plaintiff's 25 Motion for Copies. The clerk's office is directed to send plaintiff a copy of the docket sheet in this case. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
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Filing
18
MEMORANDUM AND ORDER - Plaintiff's Motion for Copies (Filing No. 15 ) is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(AOA)
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Filing
14
MEMORANDUM AND ORDER denyin- Plaintiff's Motion for Protection/Restraining Order (Filing No. 11 ) is denied. Plaintiff's Motion for Copies and Information (Filing No. 12 ) is granted in part and denied in part in accordance with this M emorandum and Order. Plaintiff's constitutional claims for monetary damages against Defendants in their official capacities are dismissed with prejudice. Plaintiff's retaliation and Eighth Amendment claims against Defendants in their o fficial capacities, for injunctive relief, may proceed to service. In addition, plaintiff's state law claims may proceed to service. To obtain service of process on Defendants, plaintiff must complete and retu rn the summons forms which the cl erk 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 official capacities only) 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 su mmons form, to be forwarded with a copy of the amended complaint to the U.S. Marshal for service of process. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: "March 3, 2014: Check for completion of service of summons." Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with forms)(AOA)
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Filing
10
MEMORANDUM AND ORDER -The Plaintiff's 7 MOTION for Authorization 9 and MOTION for Copies are denied. Plaintiff shall have until November 12, 2013, to amend his complaint and clearly state a claim upon which relief may be granted in accordance with this Memorandum and Order. If plaintiff fails to file an amended complaint, this matter will be dismissed without further notice. Plaintiff shall keep the Court informed of his current address at all times while this case is pendin g. Failure to do so may result in dismissal without further notice. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 11/12/2013: Check for amended complaint on November 12, 2013.) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
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Filing
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MEMORANDUM AND ORDER - Plaintiff's 2 MOTION for Leave to Proceed in forma pauperis is granted. The filing fee shall be collected and remitted, as funds exist, in the manner set forth in 28.S.C. 1915(b)(2). Until the full filing fee of &# 036;350.00 is paid, the prisoner shall be obligated to pay, and the agency having custody of the prisoner shall forward to the Clerk of the court, 20 percent of the preceding month's income in such months as the account exceeds $10.00. The clerk of the court shall serve a copy of this order on the appropriate financial officer for plaintiff's current institution. Plaintiff shall continue to keep the court informed of his current address at all times while this case is pending, as failure to do so may result in dismissal of this matter. Plaintifff shall review the "Notice Regarding Summons Forms" attached to this Order. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and to Plaintiff's institution)(MKR)
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