Barton v. Heineman et al
| Jon Bruning, Bryan Tuma, John Doe, Ryan Hayes, Dave Heineman and Nebraska State Patrol |
| Bernard Barton |
| 7:2011cv05000 |
| February 14, 2011 |
| US District Court for the District of Nebraska |
| 7 North Platte Office |
| Laurie Smith Camp |
| Pro Se Docket |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other 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
66
MEMORANDUM AND ORDER - Barton's "Motion to Amend Judgment" (FilingNo. 65 ) is denied. Ordered by Chief Judge Laurie Smith Camp. (Copy e-mailed to pro se party) (AOA)
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Filing
35
MEMORANDUM AND ORDER - Defendants' Motions for Summary Judgment are granted (Filing Nos. 22 and 32 ). Plaintiff's claims against Tuma are dismissed without prejudice. Plaintiff's claims against Trooper Hayes, Governor Heinema n, Bruning, and Captain Parish are dismissed with prejudice. This matter remains pending against Doe. Barton shall have 45 days in which to identify Doe, amend his complaint to state a claim against the identified defendant, and serve the ide ntified defendant. Failure to adequately do so will result in dismissal without further notice. The clerk's office shall send ONE summons form and ONE USM-285 form to Plaintiff, together with a copy of this Memorandum and Order. Plaintiff m ust complete the forms and return them in accordance with this Memorandum and Order. Upon receipt of the completed forms, the clerk's office will sign the summons form, to be forwarded with a copy of the Amended Complaint to the U.S. Marsh al for service of process. The Marshal shall serve summons and the Amended Complaint without payment of costs or fees. Service may be by certified mail pursuant to Federal Rule of Civil Procedure 4 and Nebraska law in the discretion of the Ma rshal. The Clerk of the court will copy the Amended Complaint, and Plaintiff does not need to do so. (Pro Se Case Management Deadline set for 4/24/2012: Deadline for Plaintiff to identify and serve defendant, and amend complaint.) Ordered by Chief Judge Laurie Smith Camp. (Copy mailed and e-mailed to pro se party with forms as directed) (TEL)
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Filing
19
ORDER - Defendants' Motion to Strike (Filing No. 18 ) is granted. The clerk's office is directed to strike Filing Number 17 from the record. Ordered by Judge Laurie Smith Camp. (AOA)
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Filing
11
MEMORANDUM AND ORDER - To obtain service of process on Defendants, Plaintiff must complete and return the summons forms that the Clerk of the court will provide. The Clerk of the court shall send SIX summons forms and SIX USM-285 forms to Plaintiff, together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the Clerk of the court. In the absence of the forms, service of process cannot occur; Upon receipt of the completed forms, the Clerk of the court will sign the summons forms, to be forwarded with a copy of the Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve summons and the Amended Complaint without payment of costs or fees. Service may be by certified mail pursuant to Federal Rule of Civil Procedure 4 and Nebraska law in the discretion of the Marshal. The Clerk of the court will copy the Amended Complaint, and Plaintiff does not need to do so; Plaintiff is gr anted, on the court's own motion, an extension of time until 120 days from the date of this order to complete service of process; Plaintiff is hereby notified that failure to obtain service of process on a defendant within 120 days of the date o f this order may result in dismissal of this matter without further notice as to such defendant. A defendant has 21 days after receipt of the summons to answer or otherwise respond to a complaint; Plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (6 Summons Forms and 6 USM-285 forms mailed to pro se party) (TEL)
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Filing
6
MEMORANDUM AND ORDER that Plaintiff shall have 30 days to amend his Complaint and clearly state a claim upon which relief may be granted against Defendants in accordance with this Memorandum and Order. In the event that Plaintiff files an amended com plaint, Plaintiff shall restate the allegations of the current Complaint - Pro Se 1 and any new allegations. Failure to consolidate all claims into one document may result in the abandonment of claims; The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Check for amended complaint on May 16, 2011; Plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal without further notice; and As set forth above, all claims for monetary relief of any kind against the NSP are dismissed. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB, )
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Filing
5
MEMORANDUM AND ORDER provisionally granting 2 Motion for Leave to Proceed in forma pauperis. The Complaint shall be filed without payment of fees. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAE)
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