Brown v. Doel et al
| Jesus Brown |
| Dan Danaher, Dr. Doel, Cheryl Flinn, Gary J. Hustad and Vaughan Wenzel |
| 4:2018cv03020 |
| February 12, 2018 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Pro Se Docket |
| Richard G. Kopf |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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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
46
MEMORANDUM AND ORDER granting 42 Motion for Summary Judgment. A separate judgment will be entered. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (ADB)
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Filing
45
ORDER that Defendant's motion for summary judgment is pending. Accordingly, IT IS ORDERED that on the court's own motion, further progression deadlines, including the drafting deadlines for the Order on Final Pretrial Conference, are set aside pending further order of the court. If this case is not fully resolved by summary judgment, within ten (10) days after the summary judgment ruling, the defendant shall contact the undersigned magistrate judge's chambers to re-set the progression deadlines. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(ADB)
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Filing
41
MEMORANDUM AND ORDER granting 40 Motion to Extend Deadline to file Motion for Summary Judgment. The deadline for filing dispositive motions is extended to July 8, 2019. All dispositive motions shall be filed on or before that date. All other deadlines in the court's Order Setting Schedule for Progression of Case (filing no. 35) remain the same. Pro Se Case Management Deadline set for 7/8/2019: Check for dispositive motions. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(SLP)
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Filing
38
MEMORANDUM AND ORDER - To the extent Plaintiff seeks any assistance from the court in obtaining discovery, the court will not act upon Plaintif's "Request for Production of Documents" (filing no. 36 ), and the clerk of the court is directed to term the motion event associated with the filing. Plaintiff's Motion for Appointment of Counsel (filing no. 37 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
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Filing
32
MEMORANDUM AND ORDER that the delay in accomplishing service of process on Dr. Kasselman in his individual capacity due to the federal government shutdown will not count against the 90-day time limit for service of the amended complaint. See Fed. R. Civ. P. 4(m). When the Marshals Service is able to resume service of civil summons, the court will monitor this case to see that service on Dr. Kasselman is accomplished within a reasonable time and, if necessary, will enter further order direct ing the Marshals Service to complete service by a date certain. Once service upon Dr. Kasselman in his individual capacity is accomplished, the court will enter a progression order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
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Filing
28
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (filing no. 22 ) is denied without prejudice to reassertion. Plaintiff's Motion for Summons (filing no. 23 ) is granted in part, and denied in part, in accordance with this M emorandum and Order. Plaintiff's Eighth Amendment claims against Dr. Jeffrey Kasselman in his individual capacity, as well as in his official capacity for prospective injunctive relief only, may proceed to service of process. Plaintiff's official capacity claims against Dr. Kasselman for monetary and declaratory relief are dismissed. Defendants Dr. Deol, Dr. Gary J. Hustad, and Dan Danaher shall have until November 26, 2018, to file an answer to the Amended Complaint (filing no. 21 ) if they so choose. The clerk of the court is directed to set the following pro se case management deadline: November 26, 2018: check for Defendants' answer to amended complaint. The clerk of the court is directed to set the following pro se case management deadline: January 3, 2019: check for completion of service of process on Dr. Kasselman. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
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Filing
16
MEMORANDUM AND ORDER - Plaintiffs Motion for Appointment of Counsel 4 is denied. Plaintiff's Motion for Summons 5 is granted to the extent consistent with this Memorandum and Order. Plaintiff's Motion for Status and Motion for Copies 14 is granted. This action may proceed to service of process as to Plaintiff's Eighth Amendment claims against defendants Dr. Deol, Dr. Gary J. Hustad, and Dan Danaher in their individual capacities, as well as in their official capacitie s for prospective injunctive relief only. Plaintiff's claims against defendants Cheryl Flinn and Vaughan Wenzel in their individual and official capacities are dismissed, and defendants Flinn and Vaughan are dismissed from this action. Plaintiff's official-capacity claims against defendants Deol, Hustad, and Danaher for monetary and declaratory relief are dismissed as well. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(SLP)
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Filing
11
MEMORANDUM AND ORDER that the Plaintiff will have 30 days to show cause why this case should not be dismissed for failure to pay the initial partial filing fee. In the absence of cause shown, this case will be dismissed without prejudice and witho ut further notice. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: May 3, 2018: check for response to show cause order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
10
MEMORANDUM AND ORDER that the Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. Plaintiff must pay an initial partial filing fee of $3.16 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. 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 payment s to the court. The clerk'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 follow ing text: April 2, 2018: 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. (Copy mailed to pro se party and as directed) (LAC)
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