Clayborne v. Tecumseh Department of Corrections et al
| Robert Earl Clayborne, Jr. |
| Keith Broadfoot, Crop, Scott A. Franks, Brian Gage, Guthrie, Sherman, Tecumseh Department of Corrections and Tompkins |
| 8:2015cv00198 |
| May 28, 2015 |
| 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 |
| 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
94
MEMORANDUM AND ORDER - that Plaintiff's motion for relief from judgment (Filing No. 93 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
89
ORDER - Plaintiff's Motion for Leave to Proceed in Forma Pauperis on Appeal(Filing No. 88 ) is granted. Plaintiff shall pay an initial partial filing fee of $.19 within 30 days unless an enlargement of time is granted in response to a writ ten motion. After payment of the initial partial filing fee, Plaintiff's 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 Plaintiff's institution and to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (LKO)
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Filing
87
ORDER - Plaintiff is directed to submit the $505.00 fees to the clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without further notice. Th e clerk of the court is directed to send to Plaintiff the Form AO240(Application to Proceed Without Prepayment of Fees and Affidavit). The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: August 31, 2018: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with blank IFP) (LKO)
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Filing
81
ORDER denying 79 Motion for Evidentiary Hearing and denying 80 Rule 60 Motion for relief from judgment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se plaintiff)(CCB)
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Filing
70
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing No. 65 ) is granted. Plaintiff shall pay an initial partial filing fee of $0.09 within 30 days unless an enlargement of time is granted i n response to a written motion. After payment of the initial partial filing fee, Plaintiff's 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 Plaintiff's institution and to the Eighth Circuit Court of Appeals. The clerk's office is further directed to send a copy of Plaintiff's Request for Counsel (Filing No. 66 ) to the Eighth Circuit Court of Appeals for disposition by that Court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(GJG)
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Filing
64
MEMORANDUM AND ORDER - Plaintiff is directed to submit the $505.00 fees to the clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without f urther notice. The clerk of the court is directed to send to Plaintiff the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: December 16, 2016: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party along with the AO240 Form)(GJG)
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Filing
61
MEMORANDUM AND ORDER - Plaintiff's motion for extension of time (Filing No. 60 ) is denied in all respects. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
58
JUDGMENT - Pursuant to the court's Memorandum and Order 57 filed this date, JUDGMENT IS ENTERED providing that Plaintiff's action is dismissed with prejudice, and Plaintiff shall take nothing from Defendants. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
48
ORDER that Defendants' motion to extend progression order 47 is granted, as follows: Paragraph 4 of the Order Setting Schedule for Progression of Case 29 is amended to provide that all dispositive motions shall be filed on or before August 15, 2016. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
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Filing
39
ORDER granting 34 Motion to Stay Discovery. Discovery is stayed until further order of the court. This means that Defendants are not required to respond to any outstanding discovery requests, and Plaintiff is not authorized to serve any addition al discovery requests, unless and until the court enters an order lifting the stay. Plaintiff is not prohibited from filing a properly supported motion to obtain court approval to conduct limited discovery regarding issues raised by Defendants in a motion for summary judgment. The clerk of court shall strike Plaintiff's discovery requests (Filing Nos. 32, 33, 36, and 37) from the court file. The clerk of court is directed to set the following pro se case management deadline: May 13, 2016: check for filing of summary judgment motion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KMG)
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Filing
31
MEMORANDUM AND ORDER denying without prejudice to reassertion 30 Motion to Appoint Counsel. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
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Filing
13
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Clayborne's claims against Keith Broadfoot and Sherman are dismissed in their entirety, and Claybornes claims against Scott Frakes, Brian Gage, Crop, Guthrie, and Tompkins in their official capacities are dismissed. This matter may proceed to service of process as to Clayborne's Eighth Amendment claims against Scott Frakes, Brian Gage, Crop, Guthrie, and Tompkins in their individual capacities. The clerk of the court is directed t o send to Clayborne a copy of the Complaint, a copy of this Memorandum and Order, and five summons forms and five USM 285 Forms for service on Scott Frakes, Brian Gage, Crop, Guthrie, and Tompkins in their individual capacities. (See attached Notice Regarding Service.) If requested to do so in this matter, the United States Marshal will serveall process in this case without prepayment of fees from Clayborne. In making such a request, Clayborne must complete the USM 285 forms to be submitted to the clerk of the court with the completed summons forms. Without these documents, the United States Marshal will not serve process. Upon receipt of the completed forms, the clerk of the court will sign the summons forms and forward them to the United States Marshal for service on the defendants, together with a copy of the Complaint. The clerk of the court is directed to set the following pro se case management deadline: March 1, 2016: check for completion of service of process. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Filing
7
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Leave to Proceed IFP (Filing No. 4 ) is granted. Plaintiff must pay an initial partial filing fee of $5.08 within 30 days, unless the court extends the time in w hich he has to pay in response to a written motion. After payment of the initial partial filing fee, Plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: July 27, 2015: initial partial filing fee payment due. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in Plaintiff's case will be for the court to conduct an initia l review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
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