Herrera v. Mowry et al
| Pimenio V. Herrera |
| Stephens, Jesse Robins, Jeremy Brungard, Hahn, Monte Hovic and Tommy Mowry |
| 8:2012cv00321 |
| September 10, 2012 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Pro Se Docket |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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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
70
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing No. 68 ) is granted. Plaintiff shall pay an initial partial filing fee of $9.80 within 30 days unless an en largement of time is granted in response to a written motion. After payment of the initial partial filing fee, Plaintiffs 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's office is directed to send a copy of this order to the appropriate official at Plaintiffs institution and to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(TCL )
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Filing
59
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that on the court's own motion filed pursuant to Rule 60(a): The clerk's office is directed to strike the judgment (Filing No. 58 ) from the record. The clerk's office is directed to reopen this matter. The clerk's office is directed to set the following case management deadline: September 22, 2014: Check case status. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
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Filing
57
MEMORANDUM AND ORDER - Defendants' Motion for Summary Judgment (Filing No. 39 ) is granted. Herrera's claims against Defendants are dismissed with prejudice. A separate judgment will be entered in accordance with this Memorandum and Or der. Herrera's Motion for Sanctions (Filing No. 47 ) is denied. Defendants' request that the court strike Filing Number 48 from the record (Filing No. 50 ) is denied. In light of the foregoing, Herrera's Motion for Status ( Filing No. 56 ) is denied as moot. The clerk's office is directed to update the court's records to reflect the proper spelling of the following Defendants' names: Monte Hovik (listed on theDocket Sheet as "Monte Hovic"), Jerod Hahn (listed on the Docket Sheet as "Hahn"), and J.D. Sutphen (listed on the Docket Sheet as "Stephens"). Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
55
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 54 ) is denied without prejudice. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
46
MEMORANDUM AND ORDER - Plaintiff's claims against Defendant Jesse Robins are dismissed without prejudice. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
35
MEMORANDUM AND ORDER - Plaintiff will be given 45 days from the date of this Memorandum and Order to serve Jesse Robbins. If Plaintiff does not serve Jesse Robins within 45 days, Plaintiff's claims against Jesse Robins will be dismissed with out prejudice and without further notice, and this action will proceed only as to Plaintiff's claims against the other five defendants. The clerk's office is directed to set a pro se case management deadline with the following text: Septe mber 9, 2013: Deadline for Plaintiff to serve Jesse Robins. If service is not accomplished by this date, dismiss Plaintiff's claims against Jesse Robins and enter a progression order as to remaining defendants. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
33
MEMORANDUM AND ORDER - Plaintiff shall have 30 days from the date of this Memorandum and Order to show cause why Plaintiff's claims against Defendant Jesse Robins should not be dismissed. If Plaintiff does not respond, or if good cause is not shown, this action will proceed only as to Plaintiff's claims against the other five defendants. The clerk's office is directed to set a pro se case management deadline with the following text: July 29, 2013: deadline for Plaintiff to show cause why service of process was not completed on Jesse Robins. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
23
MEMORANDUM AND ORDER - Plaintiff's Motion to Amend Complaint is granted. (Filing No. 22 ). The court directs the clerk's office to file Plaintiff's Proposed Second Amended Complaint (Filing No. 22-1) as a Second Amended Complaint. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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Filing
13
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: To obtain service of process on Defendants in their individual capacities, Plaintiff must complete and return the summons forms which the Clerk of the court will provide. The Clerk of the court shall send SIX summons forms and SIX 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. In the absenc e 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 Complaint and Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons and Complaint and Amended Complaint without payment of costs or fees. Service may be by certified mail pursuant to Federal Rule of Civil Procedure 4 and Nebraska law in the discretion of the Marshal. The Clerk o f the court will copy the Amended Complaint, and Plaintiff does not need to do so. 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 matt er without further notice as to such defendant. A defendant has 21 days after receipt of the summons to answer or otherwise respond to a complaint. The Clerk of Court is directed to set a pro se case management deadline in this case with the follow ing text: "June 11, 2013: Check for completion of service of summons." 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 Joseph F. Bataillon. (Copy mailed to pro se party with Summons and 285 Forms)(TCL )
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Filing
11
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff shall have 30 days to amend his Complaint to clearly state a claim upon which relief may be granted against Box Butte County, Nebraska, in accordance with this Memorandum and Order. If Plaintiff fails to file an amended complaint, Plaintiff's Complaint 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 shal l restate the allegations of the current Complaint (Filing No. 1 ), and any new allegations. Failure to consolidate all claims into one document may result in the abandonment of claims. The Clerk of the court is directed to set a pro se case man agement deadline in this case using the following text: Check for amended complaint on January 2, 2013, and dismiss if none filed. Plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to d o so may result in dismissal without further notice. Plaintiff's Motion to Correct Spelling (Filing No. 7 ) is granted. The court directs the clerk's office to update the Docket Sheet to reflect that Mowry's first name is Tammy, not Tommy. Plaintiff's Motion for Appointment of Counsel (Filing No. 9 ) is denied without prejudice to reassertion. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
6
MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Pimenio V. Herrera shall pay an initial partial filing fee of $5.08 by 10/18/2012, unless an enlargement of time is granted in response to a written motion. Pro Se Case Management Deadline set for 10/18/2012: initial partial filing fee payment due. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
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