Swift v. Cohart et al
| Charles Swift |
| John doe Cohart and Omaha Police |
| 8:2014cv00243 |
| August 15, 2014 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| John M. Gerrard |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| 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
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)
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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)
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Filing
86
ORDER denying 82 Motion to Intervene and 83 Motion for Discovery. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
70
ORDER - Plaintiff's motion (filing 67 ) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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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)
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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)
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Filing
57
ORDER denying 56 Motion to Compel Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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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)
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Filing
46
ORDER denying 45 Motion for Recusal. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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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)
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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)
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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)
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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)
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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)
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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)
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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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