Cavanaugh v. Hall County Department of Corrections
Plaintiff: Stephen Cavanaugh
Defendant: Hall County Department of Corrections
Case Number: 4:2014cv03062
Filed: March 24, 2014
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Pro Se Docket
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
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Date Filed Document Text
October 30, 2015 Opinion or Order Filing 83 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing No. 80 ) is granted. Plaintiff shall pay an initial partial filing fee of $9.52 within 30 days unless an enla rgement of time is granted in response to a written 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 ab ove, and shall forward those installments to the court. Plaintiff's request that the court order the prison to pay the fees out of Plaintiff's "Inmate Release Account" (Filing No. 82 ) is denied. The clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution and to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Joseph F. Bataillon. (Copies mailed as directed and to pro se party)(TCL )
October 19, 2015 Opinion or Order Filing 77 MEMORANDUM AND ORDER that Defendants' Motion for Summary Judgment (Filing No. 55) is granted. Cavanaugh's claims for equitable and monetary relief against Defendants in their official capacities under § 1983 are dismissed with prejud ice. Cavanaugh's Motions seeking summary judgment (Filing No. 58), reconsideration of the court's prior order (Filing No. 70), and appointment of counsel (Filing No. 52) are denied. The clerk of the court is directed to update the cour t's records to reflect the full and correct spelling of Defendants' names: Fred Ruiz, Jimmy Vann, Darla Sparr, Carol Castleberry, Jason Conley, and Debb Rea. The court will enter judgment by a separate document. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)
July 24, 2015 Opinion or Order Filing 75 MEMORANDUM AND ORDER - IT IS ORDERED that: The final pretrial conference in this matter, currently scheduled for September 3, 2015, is cancelled and the parties need not prepare an Order on Final Pretrial Conference at this time. The conference may be rescheduled after the resolution of the pending summary-judgment motions. The clerk of the court is directed to cancel the final pretrial conference. Defendants' Motion to Continue (Filing No. 74 ) is denied as moot in light of the foregoing. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
June 15, 2015 Opinion or Order Filing 64 MEMORANDUM AND ORDER that Plaintiff's Motion for Subpoena/Personal Service (Filing No. 43); Motion to Enlarge Time for Serving Interrogatories, Requests for Admission, and Requests for Production (Filing No. 46); Motion to Proceed Against Defen dants FredRuiz and Jimmy Vann in their Individual Capacities (Filing No. 47); and Motion toJoin Defendant (Filing No. 48) are denied. Plaintiff's Motion to Enlarge Time For Filing Dispositive Motions (Filing No. 49) is granted to the extent the relief he seeks is consistent with the relief provided in this Memorandum and Order. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
March 2, 2015 Opinion or Order Filing 38 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion to Appoint Counsel (Filing No. 33 ) is denied without prejudice. Plaintiff's Motion for Hearing/Order (Filing No. 35 ) is denied. Plaintiff's discovery-related motions (Filing Nos. 34 and 37 ) will remain pending until after Defendants have had an opportunity to respond to them. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
February 18, 2015 Opinion or Order Filing 31 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Preliminary Injunction (Filing No. 15 ) is denied. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
January 26, 2015 Opinion or Order Filing 28 MEMORANDUM AND ORDER - IT IS ORDERED that: Plaintiff's Objection (Filing No. 27 ) is overruled. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
September 22, 2014 Opinion or Order Filing 13 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: 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 seven summons forms a nd seven 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. In the absence of the forms, service of pro cess 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 s ummons 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 Marshal. The Clerk of the Court will copy the Complaint and Amended Complaint, and Plaintiff does not need to do so. Federal Rule of Civil Procedure 4 requires service of the complaint on a defendant within 120 days of filing the complaint. However, because in this order Plaintiff is informed for the first time of these requirements, Plaintiff is granted, on the court's own motion, an extension of time until 120 days from the date of this order to complete service of process. The Clerk of the Court is directed to set a case manage ment deadline in this case with the following text: "January 19, 2015: 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. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with Summons and USM-285 forms)(TCL )
July 23, 2014 Opinion or Order Filing 11 MEMORANDUM AND ORDER that Plaintiff's claims for equitable relief are dismissed without prejudice. Plaintiff shall have 30 days from the date of this Memorandum and Order to file an amended complaint in accordance with this Memorandum and Order . Failure to file an amended complaint will result in dismissal of this matter without prejudice and without further notice. ( Pro Se Case Management Deadline set for 8/25/2014 to check for amended complaint.) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (KMG)
March 26, 2014 Opinion or Order Filing 6 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 $10.71 by April 25, 2014, unless an enlargem ent 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 shall c ollect 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 offici al at Plaintiffs institution. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: April 25, 2014: 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. Plaintiff shall review the "Notice Regarding Summons Forms" attached to this Order. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(TCL )
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Plaintiff: Stephen Cavanaugh
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Defendant: Hall County Department of Corrections
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