February 26, 2010 |
Filing
59
MEMORANDUM AND ORDER that Plaintiff is permitted leave to appeal in forma pauperis; the filing fee shall be collected and remitted, as funds exist, in the manner set forth in 28 U.S.C. § 1915(b)(2); until the full filing fee of $455.00 is p aid, the prisoner shall be obligated to pay, and the agency having custody of the prisoner shall forward to the Clerk of the court, 20 percent of the preceding month's income in such months as the account exceeds $10.00; the Clerk of the co urt shall serve a copy of this order on the appropriate financial officer at Plaintiff's current institution; the Clerk of the court shall also provide the Court of Appeals with a copy of this Memorandum and Order.Ordered by Chief Judge Joseph F. Bataillon. (copies mailed as directed)(CJP)
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February 4, 2010 |
Filing
55
MEMORANDUM AND ORDER - Defendant's Motion for Summary Judgment 47 is granted. Plaintiff's federal claims against Houston, Kinlund, Cruickshank, Bakewell, Kinney, Kirkpatrick, Hopkins and Lange are dismissed with prejudice. Plaintiff' s state law claims as well as his federal claims against Doe #1, Doe #2, and Doe #3 are dismissed without prejudice. Plaintiff's Motion for Summary Judgment 42 is denied. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAE)
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February 2, 2010 |
Filing
54
MEMORANDUM AND ORDER - The Clerk of the Court is directed to cancel the Final Pretrial Conference in this matter that is currently scheduled for February 9, 2010. A separate progression order resetting the dates for the Final Pretrial Conference, and all associated deadlines, may be entered after the court resolves the pending Motions for Summary Judgment. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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January 26, 2010 |
Filing
53
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: February 9, 2010, at 9:00 a.m.(C)Place 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 plaintiff.) Modified on 1/26/2010 (KLL, ).
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June 24, 2009 |
Filing
39
MEMORANDUM AND ORDER that Defendants' Motion to Dismiss 23 is denied; Plaintiff's Objection to the Motion to Dismiss 36 is granted; Plaintiff's Motion for Summary Judgment 33 is denied; Defendants' Objection to the Motion fo r Summary Judgment 37 is granted; in accordance with Federal Rule of Civil Procedure Rule 12(a)(4)(A), defendants shall file their answer no later than 10 days from the date of this Memorandum and Order; a separate progression order will be entered progressing this matter to final disposition. Ordered by Chief Judge Joseph F. Bataillon. (copy mailed to pro se party)(CJP)
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December 30, 2008 |
Filing
21
MEMORANDUM AND ORDER - Plaintiffs claims against Defendants in their official capacities are dismissed. Plaintiffs claims against Defendants in their individual capacities, as set forth in the Amended Complaint, may proceed and service is now warran ted as to those claims only. To obtain service of process on Defendants, Plaintiff must complete and return the summons forms which the Clerk of the court will provide. The Clerk of thecourt shall send ELEVEN (11) summons forms and ELEVEN (11) USM-2 85 forms(for service on Defendants in their individual capacities only) to Plaintiff together with a copy of this Memorandum and Order. Upon receipt of the completed forms, the Clerk of the court will sign the summons forms, to be forwarded with a co py of the Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summonses and Amended Complaint without payment of costs or fees. Plaintiff is granted, on the courts own motion, an extension of time until 120 days from the date of this order tocomplete service of process. Plaintiff is hereby notified that failure to obtain service of process on a defendant within 120 days of the date of this order may result in dismissal of this matter without further notice a s to such defendant. The Clerk of the Court is directed to set a pro se case managementdeadline in this case with the following text: April 29, 2009: Check for completion of service of summons. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed)(MKR)
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