Chapman v. Douglas County Official's et al
| Billie Joe Chapman |
| Douglas Co. Public Defender, Douglas County Official's and U.S. Marshall's Department |
| 8:2012cv00370 |
| October 18, 2012 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| Richard G. Kopf |
| Prisoner: Civil Rights |
| 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
155
MEMORANDUM AND ORDER - The magistrate judge's findings and recommendation (Filing No. 154 ) are adopted. This action is dismissed with prejudice for want of prosecution. Judgment will be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
134
ORDER denying 133 Objection and Motion. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (KMG)
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Filing
132
MEMORANDUM AND ORDER - The following motions are denied: a) Plaintiff's Motion for Reconsideration, (Filing No. 118 ) of the undersigned's Memorandum and Order dated May 6, 2015, (Filing No. 117 ); b) Plaintiff's Motion for Further Request and Facts for Discovery, (Filing No. 119 ); c) Plaintiff's renewed Motion to Appoint Counsel, (Filing No. 120 ); d) Plaintiff's Further Discovery Motion and Objection to Opposition by Defendants, (Filing No. 125 ); e) Plain tiff's Motion for an In Camera Review, (Filing No. 126 ); f) Defendant's Motion for Leave to File a Sur-Reply Brief, (Filing No. 129 ); g) Plaintiff's Motion for Hearing and for Rebuttal, (Filing No. 130 ); and h) Defendants 9; Supplemental Motion for Leave to File a Sur-Reply Brief, (Filing No. 131 ). Defendants' motion for a protective order, (Filing No. 122 ), is granted in part and denied in part as set forth in this Memorandum and Order. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(GJG)
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Filing
117
ORDER denying 113 Plaintiff's Order of Discovery and Request for Hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
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Filing
116
ORDER - The motion to permit Raymond R. Aranza, Omaha, Nebraska, to withdraw from representing Defendants Eric Rogers and Steve Barrier to withdraw as counsel, (filing no. 115 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Filing
106
MEMORANDUM AND ORDER - Plaintiff is reminded to carefully read and follow the court's orders in this matter. Plaintiff's Motion to Clarify (filing 103 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
102
ORDER - Plaintiff's motion, (Filing No. 101 ), liberally construed as a motion for a hearing on his Motions for New Ruling (Filing Nos. 90 , 91 and 92 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
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Filing
100
MEMORANDUM AND ORDER that Plaintiff's Motions for New Ruling (filings 90 , 91 , and 92 ) and Motion for Leave to file an amended complaint (filing 99 ) are denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
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Filing
87
MEMORANDUM AND ORDER that Jarzynka and Jones' Motions to Strike 76 and 84 are denied. Plaintiff's Objection to Jarzynka and Jones' first Motion to Strike 80 is granted to the extent his request is consistent with this Memorandum and Order and is otherwise denied. Plaintiff's Discovery Motions 73 , 82 and 83 are denied. Jarzynka and Jones' Motion for Summary Judgment, or in the Alternative, Motion to Dismiss 64 , is granted in part and denied in part in accor dance with this Memorandum and Order. That is: (a) the motion for summary judgment on the excessive force claim is denied without prejudice and (b) the motion to dismiss is granted with respect to the unlawful arrest claim, the improper extradition c laim and the negligence (FTCA) claim. Plaintiff's claims against Anderson are dismissed without prejudice for failure to state a claim upon which relief may be granted. Anderson's Motion to Dismiss for untimely service 54 , and Plaintiff&# 039;s corresponding Motion in Rebuttal 56 are denied as moot. Plaintiff's Motion for a Hearing 85 is denied. A separate order will be entered progressing this matter to trial. This matter is referred to Magistrate Judge Zwart for further progression. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
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Filing
67
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 62 ) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA)
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Filing
61
MEMORANDUM AND ORDER - Timothy K. Dolan's Motion to Withdraw (filing no. 60 ) is granted. The Clerk of the court is directed to terminate Dolan's appearance as counsel for E. Jones and discontinue sending electronic notices regarding t his matter to Dolan. Defendants E. Jones and Travis Jarzynka's Motion for Extension of Time to File a Responsive Pleading (filing no. 59) is granted. Defendants E. Jones and Travis Jarzynka's responsive pleadings are due April 7, 2014. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA)
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Filing
53
MEMORANDUM AND ORDER - Plaintiff's request to "Recognize Supplemental Jurisdiction" (filing no. 39 ), liberally construed as a Motion to Supplement his Second Amended Complaint, is granted in accordance with this Memorandum and Or der. Plaintiff's Motion for Summons (filing no. 42 ) is denied as moot. Plaintiff's Motion for the Court to Take Judicial Notice (filing no. 48 ), liberally construed a Motion as a Motion to Supplement his Second Amended Complaint, i s granted in accordance with this Memorandum and Order. Defendants E. Jones and Travis Jarzynka's Motions for Extension ofTime to File a Responsive Pleading (filing nos. 51 and 52 ) are granted. Defendants E. Jones and Travis Jarzynka's responsive pleadings are due March 17, 2014. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA)
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Filing
31
MMEORANDUM AND ORDER - Plaintiff's Motion for Appointment of Counsel (Filing No. 28 ) is denied. Plaintiff's Motion for Status and Copies (Filing No. 29 ) is granted in part and denied in part. Plaintiff's request for status of this case is granted to the extent it is consistent with this Memorandum and Order. Because it appears that Plaintiff may have lost his summons forms, the court directs the clerk's office to mail to Plaintiff five summons forms and five US M-285 forms for service on Defendants, along with a copy of the court's Memorandum and Order dated August 22, 2013 (Filing No. 20 (providing instructions on how to obtain service of process on Defendants). Plaintiff's request for free c opies of all documents filed in this case is denied. The court directs the clerk's office to respond to Plaintiff's request for copies by informing him of the fees associated with providing him copies of every document filed in this case to date. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party as directed) (AOA)
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Filing
27
MEMORANDUM AND ORDER - Plaintiff's request for reconsideration of the court's order denying the appointment of counsel is denied. Plaintiff's request for a temporary injunction is denied. Accordingly, the clerk's office is directed to term the motion appearing at Filing Number 26 . Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA)
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Filing
20
MEMORANDUM AND ORDER - Plaintiff's claims against Higgins, Mabbitt, Sosa-Gayton, Sladek, and Burns are dismissed without prejudice. Plaintiff's claims for monetary relief against Defendants Anderson, Jarzynka, Jones, Rogers, and Barrier in their individual capacities may proceed to service. To obtain service of process on Defendants, Plaintiff must complete and return the summons forms that the Clerk of the court will provide. The Clerk of the court shall send five summons forms an d five 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 absence of the forms, service of pr ocess cannot occur. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: December 24, 2013: Check for completion of service of summons. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with summonses and USM 285 forms)(GJG)
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Filing
15
MEMORANDUM AND ORDER - On the court's own motion, the court will give Plaintiff one final opportunity to file an amended complaint in accordance with Rules 8 and 10 of the Federal Rules of Civil Procedure. Plaintiff must file a second amended complaint by May 13, 2013. Plaintiff's second amended complaint must: (1) clearly set forth the name of each defendant; (2) clearly set forth a short and plain statement of the claims against each defendant; (3) state claims in numbered para graphs limited to a single set of circumstances; and (4) set forth each legal theory and how it relates to each defendant. Plaintiff's second amended complaint must restate the allegations of his Complaint and Amended Complaint, plus any new allegations. Failure to consolidate all claims into one document may result in the abandonment of claims. The court will dismiss this matter without further notice if Plaintiff fails to file a second amended complaint or files a second amended com plaint that does not comply with the general rules of pleading. The clerk's office is directed to set a pro se case management deadline in this matter: May 13, 2013: Check for second amended complaint and dismiss if none filed or fails to comply with general pleading requirements. Plaintiff's request for the appointment of counsel (Filing No. 1 at CM/ECF p. 1) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA)
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Filing
9
MEMORANDUM AND ORDER - Plaintiffs Motion for Leave to Proceed In Forma Pauperis (filing no. 3 ) is granted. Plaintiff shall pay an initial partial filing fee of $7.89 by November 30, 2012, 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. The Clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institu tion. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: November 30, 2012: initial partial filing fee payment due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed as directed and to pro se party) (AOA)
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