Cotton v. Douglas County, Nebraska et al
| James Cotton |
| Corrections Officer, Mr. Estevez, Corrections Officer, Mr. Stevens, Douglas County, Nebraska, Douglas County Correction Center, Corrections Officer Estevez and Corrections Officer Stevens |
| 4:2018cv03138 |
| October 4, 2018 |
| US District Court for the District of Nebraska |
| Pro Se Docket |
| Richard G Kopf |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 8
MEMORANDUM AND ORDER - Count One of Plaintiff's Complaint is dismissed without prejudice. Defendant Douglas County Correction Center is dismissed as a party tothis action, and Counts Two and Three of the Complaint are treated as being alleged solely against Defendant Douglas County. To the extent Counts Two and Three of the Complaint include claims for damages against Defendants Stevens and Estevez, such claims are dismissed. Plaintiff's excessive force claim against Defendants Stevens and Estevez (Count Four of the Complaint) may proceed to service of process. The clerk of court is directed to obtain the last known addresses for Defendants Stevens and Estevez from the Marshals Service for service of process on them in their individual capacities. Plaintiff's ADA claim (Count Two of the Complaint) and Rehabilitation Act claim (Count Three of the Complaint) may proceed to service of process on Defendant Douglas County, which may be served at the office of the Douglas County Clerk, 1819 Farnam Street, Room H-08, Omaha, NE 68183. Upon obtaining the necessary addresses, the clerk of court is directed to complete and issue summonses for Defendants. The clerk of court isfurther directed to deliver the summonses, the necessary USM-285 Forms, copies of Plaintiff's Complaint (Filing #1 ), and copies of this Memorandum and Order to the Marshals Service for service of process on Defendants. Service may be accomplished by using any of the following methods: personal, residence, certified mail, or designated delivery service. See Federal Rule of Civil Procedure 4(e); Neb. Rev. Stat. 25-508.01 (Reissue 2016). The clerk of court is directed to file under seal any document containing the last known addresses for Defendants Stevens and Estevez. The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 90 days of filing the complaint. However, Plaintiff is granted, on the court's own motion, an extension of time until 90 days from the date of this order to complete service of process. The clerk of court is directed to set the following pro se case management deadline: February 20, 2019: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO) Modified on 11/27/2018 to reflect completed summons and USM-285 forms given to USM along with copies of complaint and order for service on 11/20/18 (LKO).
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| Filing 7 LETTER with clerk's response as to Plaintiff James Cotton.(TCL) |
| TEXT ENTRY THAT INITIAL PARTIAL FILING fee paid on behalf of James Cotton on 11/02/2018. Receipt number 8049425, in the amount of $1.45. (KLF) |
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Filing 6
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. #2 ) is granted. Plaintiff must pay an initial partial filing fee of $1.45 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 payments 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 following text: November 8, 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. (Copies mailed as directed)(LKO)
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Filing 5
GENERAL ORDER NO. 2016-02: This general order provides for the management and assignment of cases filed by a plaintiff or petitioner without counsel. This general order also includes the definition of the pro se docket, responsibilities of the pro se law clerks and scheduling and discovery requirements in pro se cases. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LKO)
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| Filing 4 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (LKO) |
| Filing 3 PRISONER ACCOUNT STATEMENT by Plaintiff James Cotton. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LKO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff James Cotton. (LKO) |
| Filing 1 COMPLAINT against Corrections Officer, Mr. Estevez, Corrections Officer, Mr. Stevens, Douglas County Correction Center and Douglas County, Nebraska filed on behalf of pro se plaintiff James Cotton. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (LKO) |
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