Herzog v. O'Niel
Plaintiff: Andrew A. Herzog
Defendant: Doctor Stephen O'Niel
Case Number: 8:2010cv00313
Filed: August 24, 2010
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Pro Se Docket
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
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Date Filed Document Text
April 9, 2012 Opinion or Order Filing 109 MEMORANDUM AND ORDER - O'Neill's Motion for Summary Judgment (filing no. 89 ) is granted and Plaintiff's First Amendment claims against ONeill are dismissed with prejudice. Plaintiff's Objection to Defendant's Motion for Summary Judgment (filing no. 96 ), Motion for Investigation (filing no. 105 ) and Motion for Summary Judgment (filing no. 107 ) are denied. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(GJG)
February 29, 2012 Opinion or Order Filing 104 MEMORANDUM AND ORDER - Plaintiff shall have until March 27, 2012, to submit an affidavit or other evidence showing that defendant ordered NRC staff to read his legal mail. After March 27, 2012, the pending motion for summary judgment 89 will be ripe for resolution. Ordered by Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(GJG)
January 12, 2012 Opinion or Order Filing 102 MEMORANDUM AND ORDER - Plaintiff's Request for the Production and Inspection of Documentation (filing no. 70 ), construed as a Motion for Copies, is denied. Plaintiff's Motions for Evidentiary Depositions from Witnesses (filing nos. 74 , 76 , 78 , 80 , 82 , 84 and 86 ) are denied without prejudice to reassertion after the court rules on the pending Motion for Summary Judgment. Plaintiff's Motion for Copies (filing no. 101 ) is granted. The Clerk of the court is directe d to reverse application of $7.00 to Plaintiffs filing fee in Case No. 8:10CV381, and instead, apply $5.50 for payment of copies of (1) Filing No. 63 , pages 2 and 3; (2) Filing No. 1 , pages 8 through 11; and (3) Filing No. 65 , pages 3 through 7. The remaining $1.50 shall be applied to Plaintiff's filing fee in Case No. 8:10CV381. Defendant's Motion to Continue Progression Dates (filing no. 98 ) is denied as moot in accordance with the court's December 14, 2011, Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party with copies as directed. Copy to Financial )(GJG)
December 14, 2011 Opinion or Order Filing 99 MEMORANDUM AND ORDER - Defendant's Motion to Stay (filing no. 93 ) is granted. No further pleadings shall be filed without the courts leave. Plaintiff's Objection to Defendant's Motion to Stay (filing no. 94 ) is denied. The Clerk of the Court shall cancel the Final Pretrial Conference in this matter that is currently scheduled for February 9, 2012. 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. Ordered by Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(GJG)
August 5, 2011 Opinion or Order Filing 64 MEMORANDUM AND ORDER - O'Neill's Motion to Dismiss (filing no. 58 ) is denied without prejudice to reassertion in a motion for summary judgment. Plaintiff's Motion for Summary Judgment (filing no. 60 ) is denied as premature. In ac cordance with Federal Rule of Civil Procedure 12(a)(4)(A), O'Neill shall file his answer no later than 14 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/e-mailed to pro se party)(GJG)
April 13, 2011 Opinion or Order Filing 57 MEMORANDUM AND ORDER - Plaintiff's Motion to Amend (case no. 8:10CV313, filing no. 49 ) is granted. In accordance with the court's January 26, 2011, Memorandum and Order, Case Numbers 8:10CV313 and 8:10CV381 are consolidated. Because the claims alleged in Case Number 8:10CV381 are now contained in Case Number 8:10CV313, Case Number 8:10CV381 is closed. The Clerk of the court is directed to transfer the Defendants from Case Number 8:10CV381 to Case No. 8:10CV313 and close Case Numbe r 8:10CV381. The Clerk of the court is directed to apply the portion of the filing fee paid in Case Number 8:10CV381 to Case Number 8:10CV313. All further pleadings shall be filed in Case Number 8:10CV313. Plaintiff's claims against Stephenson , Schaub, Soontag, Jay, Gibbs and Beure and Plaintiff's official capacity claims against O'Niel are dismissed. Plaintiff's access to court claim against O'Niel in his individual capacity is dismissed. Plaintiff's First Amen dment claim against O'Niel in his individual capacity may proceed. Plaintiff's Motion to Appoint Counsel (case no. 8:10CV313, filing no. 48 ) is denied without prejudice to reassertion. Plaintiff's Motion to Deny Defendant's Motions (case no. 8:10CV313, filing no. 50 ) and Motion for Default (case no. 8:10CV313, filing no. 51 ) are denied. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
January 26, 2011 Opinion or Order Filing 47 MEMORANDUM AND ORDER - No later than February 28, 2011, Plaintiff shall file an amended complaint in Case Number 8:10CV313. The amended complaint shall contain all of Plaintiff's claims, including those presented in Case Number 8:10CV381. Any cl aims not contained in the amended complaint will be deemed abandoned. All further pleadings shall be filed in Case Number 8:10CV313. In the event that Plaintiff files an amended complaint in accordance with this Memorandum and Order, the court will d ismiss Case Number 8:10CV381 and the portion of the filing fee paid in that case will be applied to Case Number 8:10CV313. If Plaintiff fails to file an amended complaint in accordance with this Memorandum and Order, Case Numbers 8:10CV313 and 8:10CV 381 may be dismissed without further notice. All pending motions in Case Numbers 8:10CV313 and 8:10CV381 are denied without prejudice to reassertion until after Plaintiff files an amended complaint in accordance with this Memorandum and Order. The Cl erk of the court is directed to set a pro se case management deadline in this case with the following text: February 28, 2011: deadline for Plaintiff to file amended complaint. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(AOA)
December 8, 2010 Opinion or Order Filing 29 MEMORANDUM AND ORDER - Plaintiff's Motion to Amend Complaint 22 is granted. Plaintiff's access to courts claim is dismissed in accordance with this Memorandum and Order and the court's October 19, 2010, Memorandum and Order. The Cl erk of the court shall send ONE (1) summons form and ONE (1) USM-285 form 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. The Marshal shall serve the summons and Amended Complaint without payment of costs or fees. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: April 6, 2010: Check for completion of service ofsummons. 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. Plaintiffs Motion for a Trial Hearing and Judgment 24 is denied as premature. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party with one blank summons and USM-285 Form) (KBJ)
October 19, 2010 Opinion or Order Filing 21 MEMORANDUM AND ORDER - Plaintiff's Complaint (filing no. 1 ) fails to state a claim upon which relief may be granted. However, Plaintiff shall have until November 18, 2010, to amend his Complaint in accordance with this Memorandum and Order. If Plaintiff fails to file an amended complaint, Plaintiff's claims against Defendant will be dismissed without further notice. In the event that Plaintiff files an amended complaint, Plaintiff shall restate the allegations of the current Complain t (filing no. 1 ), and any new allegations. Failure to consolidate all claims into one document may result in the abandonment of claims. Plaintiff's Motion for Trial (filing no. 16 ) is denied. 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 November 18, 2010." 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. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
September 7, 2010 Opinion or Order Filing 14 MEMORANDUM AND ORDER provisionally granting 3 Motion for Leave to Proceed in forma pauperis. Plaintiff's Motion for Summary Judgment 10 is denied, without reassertion, as premature. The Clerk of the court is directed to send a copy of this Memorandum and Order to the appropriate officials at the Norfolk Regional Center. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed) (JSF)
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Plaintiff: Andrew A. Herzog
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Defendant: Doctor Stephen O'Niel
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