Garcia v. US Marshalls et al
||May 5, 2020
||US District Court for the District of Nebraska
||4 Lincoln Office
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983 Prisoner Civil Rights
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|June 30, 2020
MEMORANDUM AND ORDER - Plaintiff's Motion for Extension of Time (Filing 8 , Part 1) is granted as specified below. This action shall proceed to service only against Defendants U.S. Marshals and Sarpy County for the sole purpose of permitt ing Plaintiff to serve discovery documents on said Defendants in order to determine the identity of individuals who are employed by said Defendants and who are alleged to have violated Plaintiff=s constitutional rights. Neither the U.S. Marsh als nor Sarpy County shall be required to respond to Plaintiff's Complaint (Filing 1 ), which the court has determined fails to state a claim upon which relief may be granted against said Defendants. The Clerk of Court shall forward the complet ed forms to the Marshals Service, together with three (3) copies of each of the following filings: Plaintiff's Complaint (Filing 1 ); the court's Memorandum and Order entered on June 9, 2020 (Filing 7 ); and this Memorandum and Order. Aft er service of process has been obtained and Defendants have entered an appearance, Plaintiff may serve written interrogatories upon Defendants for the limited purpose of discovering the identity of individuals who are alleged in the Com plaint to have violated Plaintiff's constitutional rights. The court reserves the right to conduct further review of Plaintiff's claims pursuant to 28 U.S.C. §§ 1915(e) and 1915A in the event he files an amended complaint. The Cle rk of the Court is directed to set a pro se case management deadline using the following text: October 28, 2020: amended complaint against individually named defendants due. Plaintiff's Motion to Appoint Attorney (Filing 8 , Part 2) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party; copies provided to USM as directed)(LKO)
|June 9, 2020
MEMORANDUM AND ORDER - Plaintiff shall have 30 days from the date of this Memorandum and Order to file an amended complaint that sets forth a viable claim for deliberate indifference to a serious medical need against individually named U.S. Marshals or jail personnel in their individual capacities who were personally involved with the decisions affecting Plaintiff's medical care, or the lack thereof. If Plaintiff fails to file an amended complaint, or the court finds that the amended compla int is insufficient, this matter will be dismissed without further notice for failure to state a claim upon which relief may be granted. The Clerk of the Court is directed to set the following pro se case management deadline: July 9, 2020amended complaint due.Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
|May 5, 2020
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 $1.02 within 30 days, unless the court extends the time in which he has to pay in response t o 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 cou rt. 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: J une 4, 2020: 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 cl aims 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 & plaintiff's institution; e-mailed to finance)(LKO)
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