Buchanan v. Hurt et al
| Jessico Buchanan |
| Dennis Bakewell, Robert Houston, Hurt, Kline and Steinbeck |
| 4:2013cv03172 |
| September 25, 2013 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Pro Se Docket |
| John M. Gerrard |
| 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
94
MEMORANDUM AND ORDER - Defendants' Motion for Summary Judgment (Filing No. 88 ) is granted. Plaintiff's Motion in Objection to Defendants' Motion for Summary Judgment (Filing No. 90 ) is denied. Plaintiff's Motion for Appointmen t of Counsel (Filing No. 92 ) is denied. The pretrial conference scheduled for April 25, 2017 (Filing No. 87 ), is canceled. The court will enter Judgment by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
87
AMENDED PROGRESSION ORDER - This matter is before the court on Defendants' Motion to Extend Progression Order. (Filing No. 86 .) The motion is granted. The Final Pretrial Conference will be held before the undersigned on April 25, 2017, at 1:0 0 p.m. Prior to the pretrial conference, all items as directed in NECivR 16.2 and full preparation shall have been completed so that trial may begin at any time following the Pretrial Conference. 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 April 25, 2017, at 1:00 p.m. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
84
MEMORANDUM AND ORDER - Defendants' Motion to Stay Discovery (Filing No. 77 ) is granted without prejudice to Plaintiff filing a properly supported motion to conduct limited discovery to address the issue of qualified immunity. Plaintiff's Renewed Motion for Appointment of Counsel (Filing No. 81 ) is denied without prejudice to reassertion. Plaintiff's Objection to Defendants' Request for a Stay (Filing No. 82 ) is overruled. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
73
MEMORANDUM AND ORDER - 1. Defendants' Motion to Dismiss (Filing No. 69 ) is granted, in part. 2. Plaintiff's claims against Kline are dismissed in their entirety. 3. The deliberate indifference to medical needs claim and equal protection c laim against Hurt are dismissed. Plaintiff's failure-to-protect claim against Hurt may proceed. 4. This case may proceed as to Plaintiff's failure-to-protect claim against Steinbeck. 5. Plaintiff's Motion for Leave to File Amended Complaint (Filing No. 72 ) is denied. 6. A separate order will be entered governing further progression of this case. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
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Filing
45
MEMORANDUM AND ORDER denying 41 Motion to Appoint Counsel. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (JSF)
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Filing
30
MEMORANDUM and ORDER - Buchanan shall have until January 2, 2015, in which to properly effect service upon Defendants. The clerk's office is directed to complete summons forms and USM-285 forms using the information provided by Buchanan (see Fi ling No. 14), and forward them, the Complaint, and a copy of this Memorandum and Order to the Marshals Service for service of process on Defendants. The Marshals Service shall serve the summonses and copies of the Complaint without payment of costs or fees. Defendants' Motion to Dismiss 23 is denied without prejudice to reassertion of their right to assert a defense pursuant to Rule 12(b)(5) of the Federal Rules of Civil Procedure should Buchanan fail to properly effect service on Def endants in their individual capacities on or before January 2, 2015. Buchanan's "Motion for Leave to Serve Named Defendants Individually Via Amended Summons of Service" 27 is granted to the extent the relief Buchanan seeks is consi stent with the relief provided in this Memorandum and Order. The clerk's office shall set a pro se case management deadline using the following text: January 2, 2015: check completion of service. Buchanan's Motion to Appoint Counsel 29 is denied without prejudice to reassertion. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(Copies and forms to USM as directed)(SLP)
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Filing
28
MEMORANDUM AND ORDER that Plaintiff's Motion in Objection 25 is overruled. The court will consider Plaintiff's "Motion in Objection" and "Brief in Support of Motion in Objection" as briefs filed in response to Defendants' Motion to Dismiss. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(ADB)
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Filing
13
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Request for Appointment of Counsel (filing no. 5 ) is denied. Plaintiff's monetary damages claims against Defendants in their official capacities are dismissed with prej udice. Plaintiff's Eighth Amendment and state law claims against Defendants may proceed. 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 SIX (6) summons forms and SIX (6) USM-285 forms (for service on Defendants in both their individual and official capacities) to Plaintiff together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possibl e, 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 form, to be forwarde d 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 dis cretion of the Marshal. The Clerk of the court will copy the 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 result in dismissal of this matter without further notice as to such defendant. A defendant has twenty-one (21) days 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 man agement deadline in this case with the following text: "August 12, 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 his current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with Summons and USM 285 Forms )(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. 6 ) is granted. Plaintiff shall pay an initial partial filing fee of $5.03 by December 9, 2013, unless an enl argement 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 instituti on 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. The clerk's office is directed to send a copy of this order to the appropr iate official at Plaintiffs institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: December 9, 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 Judge John M. Gerrard. (Copy mailed to pro se party)(TCL )
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Filing
4
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: 1. Plaintiff is directed to correct the above-listed technical defect in the Complaint within 30 days of the date of this Memorandum and Order. 2. Failure to comply with this Memorandum and Order w ill result in dismissal of this matter without further notice. 3. The Clerk of the court is directed to send to Plaintiff the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. 4. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: October 28, 2013: Check for MIFP or payment. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(TCL )
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