Ditter v. Nebraska Department of Correctional Services et al
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|Date Filed||#||Document Text|
|January 30, 2017
MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's 42 U.S.C. § 1983 claim for injunctive relief against defendant NDCS and against defendants Frakes, Kohl, Ogden, and Mathews in their individual and official capacities brought under the E ighth and Fourteenth Amendments alleging that the defendants are subjecting him to cruel and unusual punishment by being deliberately indifferent to his serious dental needs shall go forward. As to defendant Correct Care Solutions, Plaintiff is gra nted leave to file an amended complaint alleging facts that would indicate that Correct Care Solutions has a policy or custom of deliberately disregarding state prisoners' objectively serious dental needs, to the extent Plaintiff can plausibl y and truthfully do so. Plaintiff's claim under the ADA is dismissed for failure to state a claim upon which relief can be granted. Plaintiff's state-law claim under the Nebraska Correctional Health Care Services Act, Neb. Rev. Stat. 7;§ 83-4,153 to 83-4,165 (Westlaw 2016), is dismissed for failure to state a claim upon which relief can be granted. Plaintiff's request for the appointment of counsel is denied. Plaintiff may file an amended complaint solely related to h is 42 U.S.C. § 1983 claim against Correct Care Solutions within 30 days of the date of this Memorandum and Order. Plaintiff's amended complaint shall be considered supplemental to Plaintiffs initial Complaint. Plaintiff's failure to fi le an amended complaint in accordance with this Memorandum and Order will result in the court dismissing this case without further notice to Plaintiff. The clerk of the court is directed to set the following pro se case management deadline: March 6, 2017: check for amended complaint. The previously filed Memorandum and Order entered in this case (Filing No. 11 ) is hereby vacated and shall be stricken. Ordered by Senior Judge Richard G. Kopf. (Copy mailed-mailed to pro se party)(TCL)
|October 18, 2016
ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. Plaintiff must pay an initial partial filing fee of $24.57 within 30 days, unless the court extends the time in which he has to pay in response to a written mo tion. After payment of the initial partial filing fee, Plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the court. The clerk& #039;s office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: November 17, 2016: initial partial filing fee payment due. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in Plaintiff's case will be for the court to conduct an initial review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (KLF)
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