Decoteau v. Houston et al
| Christopher L. Decoteau |
| Christine Ferguson, Robert Houston, Michael Kinney, Randy Kohl, Charles Loren and Diane Sabaka Rhine |
| 4:2014cv03165 |
| August 13, 2014 |
| 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
77
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing No. 74 ) is granted. Plaintiff shall pay an initial partial filing fee of $16.10 within 30 days unless an enlargement 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 above, and shall forward those in stallments to the court. The clerk's office 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 Richard G. Kopf. (Copy mailed to pro se party and Plaintiff's institution) (KLF)
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Filing
68
MEMORANDUM AND ORDER - Defendants' Motion for Stay of Proceedings 67 granted. All deadlines in this case are hereby stayed. An amended progression order will be entered, if necessary, following a ruling on Defendants' pending Motion for summary judgment. The pretrial conference set to take place before magistrate Judge Zwart on August 11, 2016 is cancelled. (Copy mailed to pro se party)(MKR)
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Filing
63
MEMORANDUM AND ORDER denying the Plaintiff's 59 Motion and Order for Clarification and Appointment of Counsel. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)
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Filing
58
MEMORANDUM AND ORDER - Plaintiff's Motion to Amend (Filing No. 55 ) is denied. Plaintiff's "Motion to Oppose Any Continuation of Deposing Plaintiff" (Filing No. 53 ) is denied. Plaintiff's Motion for Inspection and Production of Documents (Filing No. 56 ) is denied. Plaintiff's Motion for Interrogatories (Filing No. 57 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)
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Filing
50
MEMORANDUM AND ORDER - The defendants' Motion for Leave to Take Deposition 48 is granted. The deposition will occur at a date and time agreeable to the penal facility where the plaintiff is housed. The location of the deposition will be a pl ace agreeable to the administration of that penal facility. The plaintiff is ordered to attend the deposition as scheduled, and must cooperate fully with the deposition process to the extent required by law. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
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Filing
49
MEMORANDUM AND ORDER denying 44 Motion to Appoint Counsel and denying 47 Motion to Appoint Counsel. Plaintiff's unopposed request for a 120-day extension of time 47 is granted. The dates set forth in the progression order entered on Oc tober 8, 2015, are extended by 120 days. The pretrial conference set for April 14, 2016, is cancelled. The final pretrial conference will be held before Magistrate Judge Zwart on August 11, 2016, at 10:00 a.m. by Telephone. Ordered by Judge John M. Gerrard. Mailed to pro se party. (MLF, ) Modified on 12/30/2015 for mailing (MLF, ).
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Filing
23
MEMORANDUM AND ORDER regarding the Motion to Compel 20 IT IS ORDERED: 1.The clerk of the court is directed to complete and issue summonses for Defendants Robert Houston, Michael Kenney, Diane Sabaka Rhine, Christine Ferguson, Charles Coren, Randy K ohl, and Khrystyna Dority in their official capacities. The clerk of the court is further directed to deliver the summonses, the necessary USM-285 Forms, the Complaint (Filing No. 1), the Amended Complaint (Filing No. 18), and a copy of this order t o the United States Marshals Service for service of process. 2.The clerk of the court is directed to complete and issue summonses for Defendants Randy Kohl, Christina Ferguson, and Khrystyna Dority in their individual capacities at the address provi ded by the plaintiff. The clerk of the court is further directed to deliver the summonses, the necessary USM-285 Forms, the Complaint (Filing No. 1), the Amended Complaint (Filing No.18), and a copy of this order to the United States Marshals Servic e for service of process on Defendants Randy Kohl, Christina Ferguson, and Khrystyna Dority in their individual capacities. 3.The clerk of the court is directed to obtain the last known addresses for Defendants Charles Coren, Robert Houston, Michae l Kenney, and Diane Sabaka Rhine from the United States Marshals Service. Upon obtaining these addresses, the clerk of the court is directed to complete and issue summonses for Defendants Charles Coren, Robert Houston, Michael Kenney, and Diane Saba ka Rhine in their individual capacities at the addresses provided by the United States Marshals Service. The clerk of the court is further directed to deliver the summonses, the necessary USM-285Forms, the Complaint (Filing No. 1), the Amended Compl aint (Filing No. 18), and a copy of this order to the United States Marshals Service for service of process on Defendants Charles Coren, Robert Houston, Michael Kenney, and Diane Sabaka in their individual capacities. 4.The clerk of the court is directed to file under seal any document containing the last known addresses for Defendants Charles Coren, Robert Houston, Michael Kenney, and Diane Sabaka Rhine. Ordered by Judge John M. Gerrard. (Copy mailed/e-mailed to pro se party)(DKM, )
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Filing
19
MEMORANDUM AND ORDER- Plaintiff's claims for monetary relief against Defendants in their official capacities are dismissed because they are barred by the Eleventh Amendment. Plaintiff's claims for monetary and non-monetary relief against D efendants in their individual capacities may proceed to service of process. In addition, Plaintiffs claims for non-monetary relief against Defendants in their official capacities may proceed to service of process. The clerk of the court is directe d to update the court's records to reflect the addition of Khrystyna Dority as a defendant in this case. Plaintiff's Motion to Amend Complaint (Filing No. 18 ) is granted. This action may proceed to service of process as to Plaintiffs c laims against Robert Houston, Michael Kenney, Diane Sabaka Rhine, Christine Ferguson, Charles Coren, Randy Kohl, and Khrystyna Dority in their individual and official capacities. If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees from Plaintiff. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 10/6/2015: check for completion of service). Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with complaint, amended complaint, 14 summons forms and 14 USM 285 forms)(MKR)
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Filing
17
MEMORANDUM AND ORDER - In light of the foregoing, the clerk's office is directed to term the 16 MOTION for Status. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
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Filing
15
MEMORANDUM AND ORDER - Plaintiff's "Motion [for] Name Changing Amendment" (Filing No. 12 ) is granted. The clerks office is directed to update the court's records to reflect the spelling of the following Defendants' names: Michael Kenney, Christina Ferguson, and Charles Coren. Plaintiff's Motion to Compel Discovery (Filing No. 13 ) is denied. Plaintiff's Motion to Amend (Filing No. 14 ) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (MKR)
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Filing
11
MEMORANDUM AND ORDER - Plaintiff's "Motion for Order" (Filing No. 8 ) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
7
MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Christopher L. Decoteau shall pay an initial partial filing fee of $5.60 by September 19, 2014, unless an enlargement of time is granted in response to a written motion. Pro Se Case Management Deadline set for 9/19/2014: initial partial filing fee payment due. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
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