Johnson v. Douglas County Medical Department
| David L. Johnson, Jr. |
| Douglas County Medical Department |
| 8:2009cv00356 |
| October 6, 2009 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| XX US, Outside State |
| Joseph F. Bataillon |
| Pro Se Docket |
| None |
| 42 U.S.C. ยง 1983 Prisoner 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
149
ORDER denying the plaintiff's 148 Motion to Appoint Counsel. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(MKR)
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Filing
138
ORDER -Plaintiff shall pay an initial partial filing fee of $30.82 by June 3, 2013, unless an enlargement of time is granted in response 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 installments to the court. The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution and to the Eighth Circuit Court of Appeals. ***Set All Deadlines: ( Prisoner Payment due by 6/3/2013.) Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed as directed)(MKR)
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Filing
136
ORDER regarding Notice of Appeal to USCA 129 filed by David L. Johnson, Jr.. Pursuant to the Prison Litigation Reform Act, Plaintiff is hereby notified that the filing of a notice of appeal by a prisoner makes the prisoner liable for payment of the full $455.00 appellate filing fee regardless of the outcome of the appeal. An incarcerated civil appellant is required to pay the full amount of the $455.00 filing fee by making monthly payments to the court, even if he or she is pro ceeding in forma pauperis. 28 U.S.C. § 1915 (b). By filing a notice of appeal, the prisoner consents to the deduction of the $455.00 filing fee from the prisoners prison account by prison officials. Within 30 days, the plaintiff must subm it to the clerk of the district court a certified copy of his prison account statement for the last six months. Failure to file the prison account information will result in the assessment of an initial appellate partial fee of $35. IT IS SO ORDERED. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(MKR)
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Filing
131
ORDER granting the Plaintiff's 130 Motion for Leave to Appeal in forma pauperis. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
84
ORDER - The defendants Correct Care Solutions, L.L.C., and Susan M. Wilkinsons Motion to Dismiss (Filing No. 73 ) is denied as moot. The plaintiffs Motion to Dismiss (Filing No. 83 ) is granted. The plaintiffs claims against Correct Care Solution s, L.L.C. and Susan M. Wilkinson are hereby dismissed without prejudice. The parties July 22, 2011, deadline to indicate whether the parties consent to disposition of the case by a magistrate judge, is vacated, in light of this order and the remaining parties earlier consent at Filing No. 41 . Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
81
ORDER granting 75 Motion for a Protective Order to Stay Discovery. Correct Care Solutions, L.L.C., and Susan M. Wilkinson shall have thirty days after resolution of their motion to dismiss 73 in order to respond, if necessary, to the discovery requests served by the plaintiff. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
69
ORDER - Any motion to dismiss or for summary judgment based on qualified immunity shall be filed on or before August 26, 2011. The court will hold a telephone planning conference on August 29, 2011, at 10:00 a.m. The plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
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Filing
52
ORDER - The plaintiff's Unopposed Motion to Extend Progression Order Deadlines (Filing No. 51 ) is granted as set forth below. The plaintiff shall file a Third Amended Complaint on or before April 22, 2011, and in such amended complaint, the pl aintiff shall identify all John Does. The plaintiff shall promptly accomplish service on any newly named parties. Defendant Douglas County shall have to on or before May 13, 2011, to answer or otherwise respond to the Third Amended Complaint. The co urt will hold a telephone planning conference on May 23, 2011, at 11:00 a.m. for the purpose of scheduling this matter to trial. The plaintiff's counsel shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
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Filing
41
CONSENT to Jurisdiction by US Magistrate Judge - upon consent of parties, this case is transferred to Magistrate Judge Thomas D. Thalken for final disposition. Ordered by Chief Judge Joseph F. Bataillon. (JAB)
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Filing
25
MEMORANDUM AND ORDER- D.C. "Woody" Bradford is hereby appointed to represent Plaintiff. The Clerk of the court shall provide Mr. Bradford with a copy of this Memorandum and Order. Mr. Bradford shall promptly enter his appearance in this m atter. Upon the filing of Mr. Bradfords appearance, this case will be removed from the pro se docket. At that time, Magistrate Judge Thalken will take on the responsibility of pretrial management and this matter should be reassigned to Magistrate Judge Thalken. There is no change to the assigned District Judge. No later than June 30, 2010, Mr. Bradford shall file a second amendedcomplaint, raising whatever issues he deems appropriate. Upon the entry of Mr. Bradfords appearance, the Clerk of the court shall immediately pay the sum of $1,000 to Mr. Bradford. A second and the last installment of $1,000 shall become due and payable upon the entry of judgment in the district court or upon an order terminating Mr. Bradfords service as Plaintiffs attorney. Mr. Bradford may incur reasonable expenses when representing Plaintiff. The Clerk of the court shall provide Plaintiff and Magistrate Judges Thalken and Zwart with a copy of this Memorandum and Order. 24 Plaintiff has prev iously been granted leave to proceed in forma pauperis. (Filing No. 16 .) The Motion for Leave to Proceed In Forma Pauperis (filing no. 24 ) is therefore denied as moot. ***Set/Reset All Deadlines: ( Amended Complaint due by 6/30/2010.) Attorney Dana C. Bradford, III for David L. Johnson, Jr added. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party, TDT, CRZ and Financial)(MKR)
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Filing
21
MEMORANDUM AND ORDER that the plaintiff shall have until 4/21/10 to amend his complaint and clearly state a claim upon which relief may be granted. The Clerk is directed to set a pro se case management deadline for 4/21/2010: check for amended complaint and dismiss if none filed. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF)
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Filing
19
MEMORANDUM AND ORDER - Plaintiff shall pay an initial partial filing fee of $46.84 by March 1, 2010. If the initial partial filing fee is not received by the specified deadline, this case will be dismissed without prejudice and without further n otice. 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), and shall forward those installments to the court. The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: March 1, 2010: initi al partial filing fee payment due. The Clerk of the court is directed to send a copy of the court's November 20, 2009, Memorandum and Order to Plaintiff at his current address. All pending motions are denied.Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed)(TCL )
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Filing
16
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (filing no. 2 ) is granted. Plaintiff's second Motion for Leave to Proceed IFP (filing no. 13 ) is denied as moot. Plaintiff shall pay an initial partial filing fee of &# 036;46.84 by December 21, 2009, unless an enlargement of time is granted in response to a written motion. If the initial partial filing fee is not received by the specified deadline, this case will be dismissed. 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 installments to the court. The Clerk of the court is directed to sen d a copy of this order to the appropriate official at Plaintiff's institution. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: December 21, 2009: initial partial filing fee payme nt due. Plaintiff shall keep the court informed of his current address at all times,and all parties are bound by the Federal Rules of Civil Procedure and by the court's Local Rules while this case is pending. Plaintiff shall review the "Notice Regarding Summons Forms" attached to this Order. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed)(TCL )
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Filing
11
MEMORANDUM AND ORDER - The pending Complaint (filing no. 1 ) is deemed insufficient and the court will not act upon it. On or before November 22, 2009, Plaintiff shall submit a completely new amended complaint that is originally signed in accordanc e with Federal Rule of Civil Procedure 11. Plaintiff is warned that failure to comply with this Order may result in dismissal of this case without further notice. The Clerk of the court is directed to set a pro se case management deadline in this ca se using the following text: November 22, 2009: deadline for Plaintiff to submit amended complaint correcting signature deficiency. No further review of this case shall take place until Plaintiff complies with this order.Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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| Plaintiff: David L. Johnson, Jr. | |
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| Defendant: Douglas County Medical Department | |
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