Decker v. Frakes et al
| Christopher Decker |
| Scott Frakes, Jeff Miller, Mario Peart and Religious Studies Committee Members |
| 4:2015cv03113 |
| September 25, 2015 |
| 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
99
MEMORANDUM AND ORDER - Plaintiff's renewed motion for appointment of counsel (Filing No. 95 ) is denied. Plaintiff's Motion for Continuance (Filing No. 98 ) is granted. Plaintiff will have until October 2, 2017, file a response to Defenda nts' summary judgment motion that complies with NECivR 7.1(b) and NECivR 56.1(b). The clerk's office is directed to set a pro se case management deadline using the following text: October 2, 2017: check for Plaintiff's response. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
91
AMENDED PROGRESSION ORDER - This matter is before the court on Defendants' Motion to Extend Progression Order Deadlines. (Filing No. 90 .) The motion is granted. The Final Pretrial Conference will be held before the Magistrate Judge on October 19, 2017 at 10:00 a.m. 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 October 19, 2017 at 10:00 a.m. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (KLF)
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Filing
89
AMENDED PROGRESSION ORDER granting 88 Defendant's Motion to Extend. 1. All dispositive motions shall be filed on or before June 9, 2017. 2. Defense counsel will have the primary responsibility for drafting the Order on Final Pretrial Confere nce. Pretrial Conference set for 9/13/2017 at 10:00 AM before Magistrate Judge Cheryl R. Zwart. 3. The trial date will be set by the Magistrate Judge at the time of the Final Pretrial Conference. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
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Filing
83
MEMORANDUM AND ORDER - Because an order setting the schedule for progression of this case was entered on December 28, 2016 (Filing No. 78 ), Plaintiff's Motion to Compel 33 is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
54
MEMORANDUM AND ORDER regarding Amended Complaint, 53 filed by Christopher Decker. Plaintiff's RLUIPA, First Amendment, and equal-protection claims, as set forth in the Amended Complaint may proceed to service of process against Defendants Tarn Davis, Marilyn Asher, Ed Bevan, Ed Price, Tim Kramer, Randy Bartfelt, J. Epp, Diane Lytle, Chuck Glenn, and David Graumann in their official and individual capacities. The clerk of court shall send Plaintiff ten copies of the Amended Complaint, ten copies of this Memorandum and Order, twenty summons forms, and twenty USM 285 Forms for service on Defendants in their individual and official capacities. Federal Rule of Civil Procedure 4(m) requires service of a complaint upon a defendant wi thin 90 days of filing the complaint. However, 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. If requested to do so in this matter, the United St ates Marshal will serve all process in this case without prepayment of fees. In making such a request, Plaintiff must complete the USM 285 forms to be submitted to the clerk of the court with the completed summons forms. Without these documents, the United States Marshal will not serve process. Upon receipt of the completed forms, the clerk of the court will sign the summons forms and forward them to the United States Marshal for service on Defendants, with copies of the Amended Complaint. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (KMG)
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Filing
46
MEMORANDUM AND ORDER - Plaintiff shall file a second amended complaint within thirty days, which identifies the Religious Studies Committee Members by name and explains each individual member's participation in the alleged wrongdoing. The second amended complaint shall supersede the original Complaint and amended complaint and be the operative pleading in this action. The clerk of court is directed to set the following pro se case management deadline: October 20, 2016, check for amended complaint and order service or process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
39
MEMORANDUM AND ORDER that Plaintiff's Motion for Leave to File an Amended Complaint (Filing No. 31) is granted. Plaintiff shall re-file his proposed amended complaint (Filing No. 31-1) by August 31, 2016. The amended complaint shall supersede the original Complaint and be the operative pleading in this action. The clerk of court is directed to set the following pro se case management deadline: August 31, 2016, check for amended complaint. Once the amended complaint is filed, this case may proceed to service of process as to Plaintiff's RLUIPA, First Amendment, and equal-protection claims against Defendants in their individual and official capacities. Plaintiff's retaliation claims may only proceed against Miller in his i ndividual and official capacities. The clerk of the court shall send Plaintiff two copies of the amended complaint, two copies of this Memorandum and Order, four summons forms, and four USM 285 Forms for service on Defendants Scott Frakes and Mario Peart in their individual and official capacities. (See attached Notice Regarding Service.) Within 30 days of this order, Plaintiff shall identify the members of the Religious Studies Committee and supply the members' names to the court. Afte r which, the court will send Plaintiff the documents necessary to initiate service of process on these defendants. The clerk of court is directed to set the following pro se case management deadline: August 31, 2016, check for identification of unkn own defendants and supply service forms. If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees. In making such a request, Plaintiff must complete the USM 285 forms to be submi tted to the clerk of the court with the completed summons forms and the clerk of the court will sign the summons forms and forward them to the United States Marshal for service on Defendants, with copies of the amended complaint. Plaintiff's Mo tion to Amend Progression Order (Filing No. 38) is granted. An amended progression order will be issued following completion of service of the amended complaint. The clerk of court is directed to terminate the deadlines set forth in the current prog ression order (Filing No. 29). The Final Pretrial Conference is continued, and will be rescheduled in the amended progression order. The clerk of court is directed to set the following pro se case management deadline: November 29, 2016, check for completion of service of process and issue progression order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (ADB)
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Filing
27
MEMORANDUM AND ORDER - The clerk of court is directed to strike the Amended Complaint (Filing No. 25 ) filed in this matter. Plaintiff's initial Complaint (Filing No. 1 ) remains the operative complaint in this case. Plaintiff's Motion for Miscellaneous Relief (Filing No. 26 ) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
17
MEMORANDUM AND ORDER - Decker's Motion to Appoint Counsel (Filing No. 3 ) and Motion for Temporary Restraining Order (Filing No. 13 ) are denied without prejudice. This case may proceed to service of process as to Decker's equal-prot ection and retaliation claims against Jeff Miller in his individual and official capacities. All other claims against all other defendants are dismissed without prejudice to reassertion in an amended complaint. The clerk of the court is directed to send to Decker a copy of the Complaint, a copy of this Memorandum and Order, and two summons forms and two USM 285 Forms for service on Miller in his individual and official capacities. Federal Rule of Civil Procedure 4(m) requires service of t he complaint on a defendant within 90 days of filing the complaint. However, Decker 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. (See this court's G eneral Order No. 2015-06.) If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees from Decker. In making such a request, Decker must complete the USM 285 forms to be submitte d to the clerk of the court with the completed summons forms. Without these documents, the United States Marshal will not serve process. Upon receipt of the completed forms, the clerk of the court will sign the summons forms and forward them to the United States Marshal for service on Miller, together with a copy of the Complaint. The clerk of the court is directed to set the following pro se case management deadline: June 2, 2016, check for completion of service of process. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party as directed)(GJG)
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Filing
10
MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Christopher Decker shall pay an initial partial filing fee of $27.90 by 11/2/2015, unless an enlargement of time is granted in response to a written mo tion. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. Pro Se Case Management Deadline set for 11/2/2015: initial partial filing fee payment due. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and to institution as directed)(GJG)
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