Whitten v. City of Omaha et al
Plaintiff: Matthew Whitten
Defendant: City of Omaha, John Does #1-#3 and John Martin
Case Number: 8:2015cv00096
Filed: March 13, 2015
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: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
March 10, 2017 Opinion or Order Filing 66 ORDER that the Magistrate Judge's Findings and Recommendation (filing 65 ) are adopted. This case is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)
January 17, 2017 Opinion or Order Filing 64 ORDER that Plaintiff is given until February 7, 2017 to show cause why the court should not dismiss his claims for want of prosecution. The failure to timely comply with this order may result in dismissal of the claims filed by Plaintiff without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
August 28, 2016 Opinion or Order Filing 59 ORDER that Plaintiff's motion to file an appeal in forma pauperis, (Filing No. 58 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy e-mailed to pro se party) (LAC)
August 9, 2016 Opinion or Order Filing 55 MEMORANDUM AND ORDER- The defendants' motion to dismiss for failure to state a claim (filing 39 ) is granted in part and denied in part, as set forth above. Whitten's unlawful search claim against the individual-capacity defendants i s dismissed. Whitten's motion to strike (filing 49 ) is denied. Whitten's motion for sanctions (filing 50 ) is denied. Whitten's renewed motion to strike and for sanctions (filing 53 ) is denied. The defendants' answer to Whitten's remaining claims shall be filed on or before August 26, 2016. Ordered by Judge John M. Gerrard. (Copy e-mailed to pro se party) (MKR)
March 25, 2016 Opinion or Order Filing 47 ORDER regarding pending motions.1) Plaintiff's motion to file an amended complaint, (Filing No. 42 ), is denied.2) Plaintiff's third amended complaint, (Filing No. 43 ), is stricken from the record. 3) Defendant's motion to dismiss the Filing No. 43 complaint, (Filing No. 44 ), is denied as moot.4) Plaintiff's response to Defendant's motion to dismiss, (Filing No. 39 ), shall be filed on or before April 6, 2016, with any reply filed on or before April 13, 2016.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 10, 2015 Opinion or Order Filing 24 ORDER - Plaintiff's Motion to Reassign Case to United States District Court Judge, (Filing No. 20 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy e-mailed to pro se party)(JAB)
December 8, 2015 Opinion or Order Filing 18 MEMORANDUM AND ORDER denying 16 Plaintiff's Motion for Leave. For the reasons stated in my prior decision and recommendation, (Filing No. 13 ), the undersigned magistrate judge finds Plaintiff's claims against unknown and unnamed defenda nts should be dismissed with prejudice. As such, Plaintiff's motion to file a second amended complaint which still names these unknown defendants will be denied. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
June 18, 2015 Opinion or Order Filing 6 MEMORANDUM AND ORDER- This action may proceed to service of process. The clerk of the court is directed to send to Whitten a copy of the Complaint, a copy of this order, and two summons forms and two USM 285 forms for service of process on John Mar tin in his individual and official capacities. If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees from Whitten. In making such a request, Whitten must complete the USM 285 forms and submit them to the clerk of the court, together with the completed summons forms. Without these documents, the United States Marshal will not serve process. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 10/19/2015: check for completion of service) Ordered by Judge John M. Gerrard. (Copies mailed as directed)(MKR)
March 16, 2015 Opinion or Order Filing 5 MEMORANDUM AND ORDER - The 2 MOTION for Leave to Proceed in forma pauperis is granted. The Complaint shall be filed without payment of fees. Plaintiff is advised that the next step in his case will be for the court to conduct an initial revie w of his claims to determine whether summary dismissal is appropriate under 28U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
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Defendant: City of Omaha
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Defendant: John Does #1-#3
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Defendant: John Martin
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Plaintiff: Matthew Whitten
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