Swift v. Cohart et al
Plaintiff: Charles Swift
Defendant: John doe Cohart and Omaha Police
Case Number: 8:2014cv00243
Filed: August 15, 2014
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Pro Se Docket
Presiding Judge: John M. Gerrard
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 4, 2015 Opinion or Order Filing 92 ORDER - The plaintiff's motion for leave to appeal in forma pauperis (filing 91 ) is granted. The Clerk of the Court shall provide the U.S. Court of Appeals for the Eighth Circuit with a copy of this order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and to be provided as directed )(GJG)
November 25, 2015 Opinion or Order Filing 88 MEMORANDUM AND ORDER - The plaintiff's motion for summary judgment (filing 61 ) is denied. The defendant's motion for summary judgment (filing 71 ) is granted. The plaintiff's motion for summary judgment (filing 84 ) is denied. The plaintiff's complaint is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
November 5, 2015 Opinion or Order Filing 86 ORDER denying 82 Motion to Intervene and 83 Motion for Discovery. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
October 14, 2015 Opinion or Order Filing 70 ORDER - Plaintiff's motion (filing 67 ) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
October 6, 2015 Opinion or Order Filing 66 ORDER - This matter is before the Court on the defendant's Motion for Extension of Time to Respond to the Plaintiff's Motion for Summary Judgment (filing 65 ). That motion will be granted. IT IS ORDERED: The defendant may respond to the plaintiff's motion for summary judgment (filing 61 ) on or before October 16, 2015. The plaintiff may reply in support of his motion on or before October 26, 2015. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
September 14, 2015 Opinion or Order Filing 58 MEMORANDUM AND ORDER - Swift's motion for preliminary injunction/temporary restraining order (filing 51 ) is denied. Swift's motion for preliminary injunction/temporary restraining order (filing 52 ) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
September 12, 2015 Opinion or Order Filing 57 ORDER denying 56 Motion to Compel Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
September 2, 2015 Opinion or Order Filing 53 ORDER - Mandatory disclosures shall be served by September 28, 2015. Counsel for the parties shall confer and, on or before September 28, 2015, they shall jointly file an abbreviated Rule 26(f) Report, a copy of which is attached. If one or mor e of the parties believes a planning conference is needed to complete the abbreviated Rule 26(f) Report, or if the parties cannot agree on one or more of the deadlines identified or case progression issues raised in the attached Rule 26(f) Repor t, on or before September 21, 2015, a party shall contact my chambers at (402) 437-1670, or by email addressed to zwart@ned.uscourts.gov, to arrange a conference call. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(GJG)
May 5, 2015 Opinion or Order Filing 46 ORDER denying 45 Motion for Recusal. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
April 2, 2015 Opinion or Order Filing 39 ORDER that Swift's appeals are not taken in good faith, and he is not entitled to proceed in forma pauperis on appeal. This case is stayed until the Eighth Circuit disposes of these appeals. Swift is ordered not to file any pleadings, motions, o r other documents attempting to progress this case until the Court's stay is lifted. The defendant's answer date is extended until 14 days after the Eighth Circuit's issuance of a mandate that fully disposes of these appeals. The Clerk of the Court is directed to forward a copy of this order to the Eighth Circuit Court of Appeals. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed) (JSF)
March 23, 2015 Opinion or Order Filing 33 ORDER - Swift is ordered not to file any amended pleadings, or supplements to his pleadings, without first getting leave of the Court pursuant to Fed. R. Civ. P. 15(a)(1)(A) and NECivR 15.1. Swift's motion for summary judgment (filing 16 ) is denied without prejudice. Swift is ordered not to file another motion for summary judgment until after the defendant files an answer and the Court enters a case progression order. Swift's request for class certification is denied. Swif t's request for appointment of counsel is denied. Swift's request for discovery is denied as premature. Swift is ordered not to file any discovery motions until after the defendant files an answer and the Court enters a case progressi on order. Swift's motion for leave to proceed in forma pauperis (filing 31 ) is denied. Swift is ordered to comply with the Federal Rules of Civil Procedure and the local rules of this Court. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
March 17, 2015 Opinion or Order Filing 27 ORDER - The plaintiff's "notice of appeal" (filing 24 ), construed as an objection to the Magistrate Judge's order of March 9, 2015, is overruled. The plaintiff's motion to proceed in forma pauperis (filing 25 ) is denied as moot. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
March 9, 2015 Opinion or Order Filing 20 ORDER - Defendant Kyler's motion to extend, (Filing No. 18 ), is granted, and the defendant's answer, a copy of which is attached to his motion shall be filed on or before March 13, 2015. The plaintiff's motion to compel defendant 's responses to discovery, (Filing No. 19 ), is denied. The parties' planning conference has not occurred, and the court has not yet authorized commencement of discovery. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(GJG)
December 30, 2014 Opinion or Order Filing 8 MEMORANDUM AND ORDER - To obtain service of process on Officer Kyler, Plaintiff must complete and return the summons form that the Clerk of Court will provide. The Clerk of Court shall send one summons form and one USM-285 form to Plaintiff, togethe r 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 Court. In the absence of the forms, service of process cannot occur. The Clerk of Court is dire cted to set a case management deadline in this case with the following text: "April 30, 2015: Check for completion of service of summons." Swift's claims against the City of Omaha, Nebraska, are dismissed without prejudice. The clerks office is directed to terminate "Omaha Police" as a party in this matter. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with 1 summons and 285 form)(GJG)
November 6, 2014 Opinion or Order Filing 6 MEMORANDUM AND ORDER - Within 30 days from the date of this Memorandum and Order, Plaintiff must file an amended complaint that states a claim upon which relief may be granted against the City of Omaha, Nebraska. Failure to do so will result in thi s matter proceeding solely against John Doe in his individual capacity. Plaintiff will have 30 days from the date of this Memorandum and Order to take reasonable steps to identify John Doe and notify the court of his name, after which the court wi ll send Swift the documents necessary to initiate service of process. Failure to do so will result in dismissal of this matter without prejudice and without further notice. Plaintiff may request an extension of time in which to identify John Doe if additional time is needed. The clerk's office is directed to set the following case management deadline: December 8, 2014: Check for amended complaint and name of John Doe. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
August 19, 2014 Opinion or Order Filing 5 MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The Complaint shall be filed without payment of fees. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(JAB)
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Defendant: John doe Cohart
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Defendant: Omaha Police
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Plaintiff: Charles Swift
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