Castonguay v. Newton et al
| 8:2009cv00413 |
| November 17, 2009 |
| US District Court for the District of Nebraska |
| Prisoner: Civil Rights Office |
| Pro Se Docket |
| Laurie Smith Camp |
| None |
| Federal Question |
| 42:1983 Civil Rights Act |
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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
183
ORDER denying as moot 179 Motion for Leave to Proceed in forma pauperis. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (TEL)
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Filing
170
MEMORANDUM AND ORDER - The Clerk of the court shall not process the appeal 166 to the Eighth Circuit. The Clerk of the court is directed to forward a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
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Filing
154
MEMORANDUM AND ORDER - Defendants' Motion for Summary Judgment (Filing No. 130 ) is granted and Plaintiff's claims against Defendants are dismissed with prejudice. Plaintiff's Objection to Defendant's Motion for Summary Judgm ent (Filing No. 140 ) is denied. Defendants' Objections (Filing Nos. 121 , 151 and 153 ) and Motion to Dismiss (Filing No. 127 ) are denied as moot. Plaintiff's Objection to Defendants' Motion to Dismiss (Filing No. 132 ), Objection to Defendants Motion for Extension of Time (Filing No. 147 ), and Objection to Objection (Filing No. 153 ) are denied as moot. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party)(GJG)
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Filing
145
MEMORANDUM AND ORDER granting 144 Motion to Substitute Attorney. Attorney Pamela J. Dahlquist terminated. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (TEL)
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Filing
118
MEMORANDUM AND ORDER - Defendants' Motion to Extend Time to file an Amended Motion for Summary Judgment (Filing No. 94 ) and Plaintiff's Motion Opposing Defendants' Motion to Extend Time to file an Amended Motion for Summary Judgment (Filing No. 98 ) are denied as moot. Defendants' Objections and Motions to Strike (Filing Nos. 104 , 106 , 109 , 111 , 113 , 115 and 117 ) are granted in part and denied in part in accordance with this Memorandum and Order. Plaintiff&# 039;s Objections (Filing Nos. 107 , 110 and 114 ) are granted to the extent that Plaintiff's supplemental documents will not be stricken from the record and denied to the extent that they request further relief. Defendants' Amended Mot ion for Summary Judgment (Filing No. 95 ) is denied without prejudice to reassertion in accordance with this Memorandum and Order. Plaintiff's Motion Opposing Defendants' Reply Brief (Filing No. 105 ) is denied. To obtain service of proc ess on Defendants, Plaintiff must complete and return the summons forms which the Clerk of the court will provide. The Clerk of the court shall send THREE (3) summons forms and THREE (3) USM-285 forms to Plaintiff for service upon Defendants in their individual capacities 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 oc cur. Upon receipt of the completed forms, the Clerk of the Court will sign the summons form, to be forwarded with a copy of the Amended Complaint to the U.S. Marshal for service of process. Plaintiff shall have until September 23, 2011, to cure any service defects. If Plaintiff fails to cure any service defects in accordance with this Memorandum and Order, Defendants may move to dismiss this matter by submitting properly authenticated evidence showing that service was improper. If Plaintiff pro perly serves Defendants, Defendants may resubmit their arguments regarding the merits of Plaintiff's claims in a Motion for Summary Judgment filed within 21 days of service. If Defendants elect to file a Motion for Summary Judgment, Plaintiff sh all have 14 days to file a response. 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. Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party along with summonses and 285 forms)(GJG)
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Filing
93
MEMORANDUM AND ORDER - Defendants' Motion for Leave to File an Amended Motion for Summary Judgment (Filing No. 90 ) is granted. Defendants shall have until May 17, 2011, to file their amended motion for summary judgment and brief in support. Th ereafter, briefing will continue as required by the Federal Rules of Civil Procedure and the court's local rules. Defendants' original Motion for Summary Judgment (Filing No. 64 ) and Plaintiff's Motion to Deny Summary Judgment (Fili ng No. 73 ) are denied as moot. Plaintiff's Motion In Production of Documents (Filing No. 83 ), construed as a Motion for Copies, is denied. Defendants' Motion to Strike (Filing No. 88 ) is denied. Defendants may respond to filings 80 through 85 in a brief in support of an amended motion for summary judgment. Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party) (AOA)
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Filing
75
MEMORANDUM AND ORDER that the Clerk of the Court is directed to cancel the Final Pretrial Conference in this matter that is currently scheduled for March 31, 2011. 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 Motion for Summary Judgment. Defendant's 69 Motion to Extend is denied as moot. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(ADB, )
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Filing
56
MEMORANDUM AND ORDER - Plaintiff's Motion to Subpoena Srb 43 , Motion in Support of his Motion to Subpoena Srb 47 , and Motion to Subpoena Earnest Black 49 are denied. Defendants' Objection to Plaintiff's Motion to Subpoena Srb [4 5], and Objection to Plaintiff's Motion to Subpoena Earnest Black 54 are granted. Defendants' Objection to Plaintiff's Motion for Miscellaneous Relief 39 is denied as moot. Defendants' Motion to Compel 53 is granted. Plain tiff shall have until December 15, 2010, to answer Defendants' interrogatories. In the event that Plaintiff fails to answer the interrogatories by December 15, 2010, Plaintiff's claims against Defendants may be dismissed without prejudice a nd without notice. The Clerk of the court is directed to set a pro se case management deadline in this case with the following text: December 15, 2010: check for response to interrogatories. Plaintiff's Motion for Subpoena Form 50 is granted. The Clerk of the court is directed to send Plaintiff Form AO 88B. Defendants' Motion for Enlargement of Time 44 is granted. All depositions, whether or not they are intended to be used at trial, shall be completed by December 17, 2010. All di spositive motions shall be filed on or before January 21, 2011. Plaintiff's Objection to Defendants' Motion for Enlargement of Time 46 is denied. (Pro se case management deadline set for 12/15/2010 - check for response to interrogatories.) Ordered by Judge Laurie Smith Camp. (Copy and form mailed to pro se party)(JAE)
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Filing
13
MEMORANDUM AND ORDER that the 10 Motion to Amend is granted pursuant to the courts February 17, 2010, Memorandum and Order; Plaintiffs claims against DCC are dismissed without prejudice; The Clerk of the court shall send THREE (3) summons forms and THREE (3) 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 to forward to US Marshal for service; The Cl erk of Court is directed to set a pro se case management deadline in this case with the following text: July 1, 2010: Check for completion of service of summons; Plaintiffs claims against DCC, as detailed in the courts December 29, 2009, Memorandum and Order, are dismissed without prejudice. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party with forms)(ADB, )
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Filing
11
MEMORANDUM AND ORDER - Plaintiff shall have until March 12, 2010, to amend his Complaint and clearly state a claim upon which relief may be granted against DCC in accordance with the court's December 29, 2009. No summons will be issued until af ter Plaintiff has had an opportunity to amend his Complaint in accordance with this Memorandum and Order. 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. ( Pro Se Case Management Deadline set for 3/12/2010 - Check for amended complaint on March 12, 2010. ) Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAE)
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Filing
8
MEMORANDUM AND ORDER - Plaintiff shall have until January 29, 2010, to amend his Complaint and clearly state a claim upon which relief may be granted against DCC in accordance with this Memorandum and Order. If Plaintiff fails to file an amended comp laint, Plaintiffs claims against DCC will be dismissed without further notice for failure to state a claim upon which relief may be granted; In the event that Plaintiff files an amended complaint, Plaintiff shall restate the allegations of the curren t Complaint (Filing No. 1 ) and any new allegations. Failure to consolidate all claims into one document may result in the abandonment of claims. No summons will be issued until after Plaintiff has had an opportunity to amend his Complaint in accord ance with this Memorandum and Order; 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 January 29, 2010; Plaintiff shall keep the court informed of his current address at all times while this case is pending. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
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Filing
6
ORDER granting 4 Motion for Leave to Proceed in forma pauperis. Until the full filing fee of $350.00 is paid, 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 months income in such months as the account exceeds $10.00. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(Copy mailed to institution as directed)(ADB, )
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