Blair v. Nebraska Department of Correctional Services et al
| Steven R. Blair |
| Nebraska Department of Correctional Services, Harold Clarke, Robert Houston, Kenneth Vampola, Ester Casmer, Bob Boozer, James Pearson, Miguel Gomez, Rosalyn Cotton, Linda Krutz and Jane and John Doe |
| 8:2007cv00307 |
| August 8, 2007 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Douglas |
| Joseph F. Bataillon |
| Pro Se Docket |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
113
MEMORANDUM AND ORDER granting 106 Motion for Leave to Appeal in forma pauperis. The clerk of the court shall provide the court of appeals with a copy of this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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Filing
110
MEMORANDUM AND ORDER that plaintiff shall have until August 20, 2010, to submit an affidavit to show excusable neglect or good cause for failing to file a timely notice of appeal. If Plaintiff fails to submit such an affidavit by August 20, 2010, Pla intiff's appeal will not be processed. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Check for affidavit on August 20, 2010. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF)
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Filing
103
MEMORANDUM AND ORDER that Defendants' Motion for Summary Judgment 84 is granted. Plaintiff's federal claims against Pavel, Endicott, Wendt, Liehus, Pierce, Malousek and Leybold are dismissed with prejudice. Plaintiff's state-law clai ms against Pavel, Endicott, Wendt, Liehus, Pierce, Malousek and Leybold are dismissed without prejudice. Plaintiff's claims against the Defendant Nebraska Department of Corrections are dismissed in accordance with the court's July 25, 2008 Memorandum and Order 12 . A separate judgment will be entered in accordance with this Memorandum and Order. All other pending Motions are denied as moot. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF)
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Filing
92
ORDER regarding 84 Motion for Summary Judgment; Plaintiff's Motion to Supplement Pleadings, 87 construed as a Motion to Amend, is denied. Plaintiff's Motion to Extend 89 is granted. Plaintiff shall have until May 5, 2010, to respond to Defendants Motion for Summary Judgment. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(PCV, ) Modified on 4/16/2010 to add text (PCV, ).
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Filing
83
MEMORANDUM AND ORDER that Plaintiff's Motion to Stay 71 , Motion to Access to Inmate File 74 and Motion to Extend Progression Order Deadlines 76 are denied. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAE)
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Filing
73
ORDER. It is ordered that:(1)The following matter previously scheduled before the undersigned is herewith referred to Judge Zwart, to wit,(A)Nature of hearing:Pretrial conference.(B)Date and time of hearing: Thursday, July 8, 2010, at 9:00 a.m.(C)Pla ce of hearing: Judge Zwart's chambers, Room 566, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska.(2)Judge Zwart will issue a report and recommendation or order as is appropriate. Ordered by Judge Richard G. Kopf. (KLL, ) (Copy of order mailed to pro se party.) Modified on 1/21/2010 (KLL, ).
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Filing
69
MEMORANDUM AND ORDER - Plaintiff is not permitted to proceed against Robertus. The Clerk of the court is no longer directed to deliver the documents in Plaintiffs Motion for Summons 41 to the Marshals for service of process.Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(PCV, )
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Filing
67
MEMORANDUM AND ORDER- Defendants Pavel, Endicott, Wendt, Liehus, Pierce, Malousek, Leybold, and Finegans Motion to Dismiss (filing no. 59 ) is granted in part and denied in part. Plaintiffs Objection to the Motion to Dismiss (filing no. 64 ) is gra nted. Plaintiffs claims against Defendant Finegan are dismissed without prejudice. Defendants Robertus and Finegans Motion to Quash (filing no. 36 ) is granted. The Clerk of the court is directed to quash the Subpoenas and Notices of Deposition s erved on Robertus and Finegan. Plaintiffs Motion to Alter or Amend (filing no. 31 ) is denied. Plaintiffs Motion for Summons (filing no. 41 ) is granted. The Clerk of the court is directed to deliver the documents in Plaintiffs Motion for Summon s (i.e., the Summons and USM-285 forms for service on Kimberly Robertus) to the Marshals for service of process. Plaintiffs Motion to Substitute Party Names (filing no. 43 ), Motion for Leave to File Corrected Amended Complaint (filing no. 44), Mot ion to Perfect. This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District of Nebraska does not endorse, recommend,approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the court. Service by Publication (filing no. 65 ), and Motion to Extend Service of Process (filing no. 66 ) are denied. Plaintiffs claims against Defendants Belau, Duerfeldt, Ellis, Meyers, Hruska, Balderson, Doan and Sheer are dismissed without prejudice for failure to comply with this courts orders. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(MKR)
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Filing
30
MEMORANDUM AND ORDER granting 29 Motion to Substitute Parties; granting 21 Motion to Dismiss; denying as moot 25 Motion to Dismiss. Plaintiff shall file an amended complaint no later than May 25, 2009. The amended complaint shall substitute t he names of the 16 individual correctional officers for Defendants Jane Doe and John Doe, and shall make any other allegations against these 16 individuals. However, Plaintiff is not given leave to amend any other part of his Complaint. In the event that Plaintiff fails to file an amended complaint by that date, this matter will be dismissed without prejudice and without further notice. After filing the amended complaint, Plaintiff must obtain service on Defendants. To obtain service of proce ss on the newly-named Defendants, Plaintiff must complete and return the summons forms which the Clerk of the court will provide. The Clerk of the court shall send SIXTEEN (16) summons forms and SIXTEEN (16) USM-285 forms (for service on Defendants in their individual capacities only) to Plaintiff together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible after filing an amended complaint, complete the forms and send the completed forms back to the Clerk of the cou rt. 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 proce ss. The Marshal shall serve the summons and Amended Complaint without payment of costs or fees. Service may be by certified mail pursuant to Fed. R. Civ. P. 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 granted, on the courts own motion, until June 23, 2009 to complete service of process. Plaintiff is hereby notified that failure to obtain service of process on Defendants by Jun e 23, 2009 will result in dismissal of this matter without prejudice and without further notice as to any unserved Defendant. A defendant has twenty (20) days after receipt of the summons to answer or otherwise respond to a complaint. The Clerk of the Court is directed to set two pro se case management deadlines in this case with the following text: May 25, 2009: check for amended complaint and dismiss if none filed and June 23, 2009: check for completion of service of summons on new Defendant s and dismiss if not served. The parties are bound by the Federal Rules of Civil Procedure and by the Local Rules of this court. 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. Defendants Jane Doe and John Does Motion to Dismiss 25 is denied as moot. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(PCV, )
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Filing
24
MEOMORDANUM AND ORDER denying 19 Defendants John Doe and Jane Doe's Motion to Dismiss. without prejudice to reassertion in accordance with the Federal rules of Civil Procedure and the Local rules of this court. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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