Garcia v. US Marshalls et al
Case Number: 4:2020cv03049
Filed: May 5, 2020
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
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Date Filed Document Text
August 2, 2021 Opinion or Order Filing 56 MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed in Forma Pauperis on Appeal (filing 53 ) is granted. Plaintiff shall pay an initial partial filing fee of $254.07 within 30 days unless an enlargement of time is granted in res ponse to a written motion. After payment of the initial partial filing fee, Plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those insta llments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party & plaintiff's institution) (LKO)
July 9, 2021 Opinion or Order Filing 51 ORDER - Judgment in this case was entered on June 30, 2021, dismissing this case with prejudice (Filing 48 ), Plaintiff's Objections and Motions (Filings 49 , 50 ) are denied as moot.Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)
June 30, 2021 Opinion or Order Filing 47 MEMORANDUM AND ORDER - Defendant's Motion for Summary Judgment (filing 45 ) is granted, and this case is dismissed with prejudice. A separate judgment will be entered. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
April 15, 2021 Opinion or Order Filing 41 MEMORANDUM AND ORDER - Plaintiff's fifth Motion to Appoint Counsel (Filing 40 ) is denied without prejudice. It is recommended that any further requests for appointment of counsel be delayed until trial is imminent. Plaintiffs Motion to Exte nd Dates in Progression Order (Filing 40 ) is granted in part, and such dates will be extended by 60 days. A new Memorandum and Order setting the schedule for progression of the case will be entered in due course. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)
March 30, 2021 Opinion or Order Filing 38 MEMORANDUM AND ORDER - The Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) filed on behalf of Defendants Coombs and Betsworth (Filing 33 ) is granted, and Plaintiff's claims against such Defendants are dismissed with prejudice as barr ed by the statute of limitations. Plaintiffs Motion (Filing 35 ) for an update on the status of this case is granted, and this Memorandum and Order shall serve as Plaintiffs update on the status of this case. Plaintiffs Motion (Filing 35 ) for ap pointment of counsel, a translator, and leave to amend his Complaint are denied. Defendants Motion to Strike Filing 35 (Filing 36 ), insofar as it can be construed as an untimely response to Defendants Motion to Dismiss (Filing 33 ), is denied as moot because the court did not consider such untimely filing as a response, but instead as separate motions addressed in paragraphs (2) and (3) above. This action will continue only as to Plaintiffs deliberate- indifference medical claim against Defendant Jeff Davis, Sarpy County Sheriff, in his individual capacity. A progression order as to this Defendant will be entered in due course. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)
December 8, 2020 Opinion or Order Filing 31 MEMORANDUM AND ORDER - The Plaintiff's 30 MOTION to Appoint Counsel is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (MKR)
November 12, 2020 Opinion or Order Filing 25 MEMORANDUM AND ORDER - The Clerk of Court shall correct the caption of this case to reflect the proper titles of Defendants Coombs and Betsworth as follows: DAVID W. COOMBS, JR., Special Deputy U.S. Marshal, in his individual capacity, and JACOB P . BETSWORTH, Special Deputy U.S. Marshal, in his individual capacity. The portion of the caption that reads "JEFF DAVIS, Sarpy County Sheriff, in his individual capacity" shall remain as it currently appears and shall not be changed or removed. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
November 5, 2020 Opinion or Order Filing 24 MEMORANDUM AND ORDER- Defendants U.S. Marshals and Sarpy County Jail are dismissed from this action for failure to state a claim upon which relief can be granted;The Clerk of Court shall add the following Defendants to the docket sheet for this case : Deputy U.S. Marshal David W. Coombs, Jr., in his individual capacity; Deputy U.S. Marshal Jacob P. Betsworth, in his individual capacity; and Sarpy County Sheriff Jeff Davis, in his individual capacity. For service of process on Defendant Sarpy County Sheriff Jeff Davis in his individual capacity, the Clerk of Court is directed to complete a summons form and a USM-285 form. For service of process on Defendants Deputy U.S. Marshal David W. Coombs, Jr., in his individual capacity, and Dep uty U.S. Marshal Jacob P. Betsworth, in his individual capacity, the Clerk of Court is directed to complete a summons form and a USM-285 form. 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 thi s order to complete service of process.Plaintiff's Motion to Appoint Counsel (Filing 20 ) is denied without prejudice for the reasons stated in Filing 9. Plaintiff's Motion for Update (Filing 23 ) is denied as moot. The Clerk of the Co urt is directed to set the following pro se case management deadline: February 3, 2021deadline for service of process. ( Pro Se Case Management Deadline set for 2/3/2021: deadline for service of process) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed to the US Marshals)(MKR)
June 30, 2020 Opinion or Order Filing 9 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 Opinion or Order Filing 7 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 Opinion or Order 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 $1.02 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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