Guerry v. Frakes et al
Plaintiff: Brian Frank Guerry
Defendant: Keith Broadfoot, Scott Frakes, Brian Gage, Guiffe, R Holly, Nebraska Department of Corrections Agency and Thompson
Case Number: 8:2015cv00323
Filed: September 1, 2015
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Laurie Smith Camp
Presiding Judge: Pro Se Docket
Nature of Suit: Prisoner: Prison Conditions
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
May 4, 2017 Opinion or Order Filing 74 MEMORANDUM AND ORDER - Guerry's state law claims against Defendants in Case No. 4:17CV3047 are remanded back to the District Court of Johnson County, Nebraska. The clerk's office is directed to provide the Clerk of the District Court of Joh nson County with a certified copy of this memorandum and order. The Clerk of the District Court of Johnson County is requested to notify the assigned state district court judge in Johnson County District Court Case No. CI 17-18 that the state law cla ims in Guerry's petition are remanded for his/her consideration. No later than May 18, 2017, Defendants shall specifically and objectively set forth (a) what additional federal claims and against whom remain in Guerry's state petition, and (b) what federal claims and against whom remain in Guerry's state petition that the court already disposed of in Case No. 8:15CV323. Defendants' motions to consolidate (Filing No. 68 , Case No. 8:15CV323; Filing No. 3 , Case No. 4:17CV304 7) are granted as to Guerry's federal claims. See Fed. R. Civ. P. 42(a). Defendants shall file an answer in Case No. 4:17CV3047 no later than May 25, 2017. The court will thereafter issue a progression order for the consolidated cases. De fendants' summary judgment motion in Case No. 8:15CV323 (Filing No. 63 ) is denied without prejudice to reassertion. Guerry's "Motion for Objection to Summary Judgment" (Filing No. 71 , Case No. 8:15CV323) is denied as moot. The clerk's office is directed to set the following pro se case management deadline: May 18, 2017: check for Defendants' pleading setting forth federal claims. The clerk's office is directed to set the following pro se case management deadline: May 25, 2017: check for Defendants' Answer in Case No. 4:17CV3047. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
April 11, 2017 Opinion or Order Filing 70 MEMORANDUM AND ORDER - No later than April 25, 2017, Defendants shall submit a brief (filed in both cases) addressing Montin and whether (a) I have subject matter jurisdiction to decide any claim made by Mr. Guerry under the STCA; and (b) if I lac k subject matter jurisdiction to decide any claim made by Mr. Guerry under the STCA, what specific portions of the underlying pleading filed in state court must be remanded. Mr. Guerry may also file a brief no later than April 25, 2017, addressing these same questions but he is not required to do so. The motions to consolidate (Filing No. 68 , Case No. 8:15CV323; Filing No. 3, Case No. 4:17CV3047) are held in abeyance and Mr. Guerry need not respond to the motions until further order of t he court. The summary judgment motion filed in Case No. 8:15CV323 (Filing Nos. 63 ) is held in abeyance and Mr. Guerry need not respond to it until further order of the court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
March 27, 2017 Opinion or Order Filing 62 MEMORANDUM AND ORDER - Defendants' Motion to Stay Discovery and All Case Progression (Filing No. 61 ) is granted. All discovery and progression deadlines in this case are hereby stayed. An amended progression order will be entered, if necessary , following a ruling on Defendants' motion for summary judgment. Defendants are not required to respond to any outstanding discovery requests, and Plaintiff is not authorized to serve any additional discovery requests, unless and until the court enters an order lifting the stay. Plaintiff, however, is not prohibited from filing a properly supported motion to obtain court approval to conduct limited discovery regarding issues raised by Defendants once they file their anticipated motion for s ummary judgment. See Federal Rule of Civil Procedure 56(d). The clerk's office is directed to strike Plaintiff's discovery requests (See Filing Nos. 47 , 48 , 49 , 58 , 59 , 60 ) from the court file. Plaintiff is not prohibited from f iling such requests, if necessary, following a ruling on Defendants' motion for summary judgment.The pretrial conference set to take place before Magistrate Judge Zwart on September 8, 2017, is cancelled. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
February 22, 2017 Opinion or Order Filing 55 MEMORANDUM AND ORDER - Defendants' Motion for Judgment on the Pleadings (Filing No. 41 ) on the basis of qualified immunity is denied without prejudice to reassertion in a motion for summary judgment. Guerry's Motion for Reconsiderat ion (Filing No. 52 ) and Objection to Defendants' Motion for Judgment on the Pleadings (Filing No. 54 ) are denied as moot. An amended progression order will be entered in accordance with this memorandum and order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
November 15, 2016 Opinion or Order Filing 51 MEMORANDUM AND ORDER - that Plaintiff's Motion for Appointment of Counsel (Filing No. 44 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
October 18, 2016 Opinion or Order Filing 38 MEMORANDUM AND ORDER - that Plaintiff's Motion for Reconsideration (Filing No. 34 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
September 16, 2016 Opinion or Order Filing 33 MEMORANDUM AND ORDER - Defendants' Motion to Dismiss (Filing No. 24 ) is granted, in part, as follows: (a) Plaintiff's claims against the Nebraska Department of Corrections Agency are dismissed in their entirety; (b) Plaintiff's s tate law claims against the prison officials in their official capacities are dismissed without prejudice to reassertion in state court; (c) Plaintiff's state law claims against the prison officials in their individual capacities are dismissed with prejudice; (d) Plaintiff's Eighth Amendment claims against the prison officials in their official capacities are dismissed with prejudice; and (e) Plaintiff's claims for declaratory and injunctive relief against all Defendants are dis missed. Plaintiff's "Objection to Dismiss" (Filing No. 29 ) and "Objection to Defendants' Motion" (Filing No. 31 ) are denied as moot. Plaintiff's Eighth Amendment claims for monetary relief against Defendants Fr akes, Gage, Guiffe, and Thompson in their individual capacities may proceed. These Defendants shall answer Plaintiff's Complaint within fourteen days of this order. Thereafter, a progression order will be entered in this case. The clerk of court is directed to set a pro se case management deadline in this case using the following text: September 30, 2016: check for answer and issue progression order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
June 27, 2016 Opinion or Order Filing 32 MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 20 ) is denied without prejudice to reassertion. Plaintiff's Motion for Default Judgment (Filing No. 26 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
February 22, 2016 Opinion or Order Filing 13 MEMORANDUM AND ORDER - Guerry's claims against Keith Broadfoot and R Holly are dismissed in their entirety. This matter may proceed to service of process as to Guerry's Eighth Amendment claims against Scott Frakes, Brian Gage, Guiffe, and Thompson. Guerry's state-law claims against these Defendants may also proceed to service of process; though, at this time, the court makes no finding with respect to its jurisdiction over these claims or whether they state a claim on which re lief may be granted. The clerk of the court is directed to send to Guerry a copy of the Complaint, a copy of this Memorandum and Order, and 8 summons forms and 8 USM 285 Forms for service on Scott Frakes, Brian Gage, Guiffe, and Thompson in their in dividual capacities and official capacities. (See attached Notice Regarding Service.) Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 90 days of filing the complaint. However, Guerry is granted, on the c ourt's own motion, an extension of time until 120 days from the date of this order to complete service of process. (See this court's General Order No. 2015-06.) If requested to do so in this matter, the United States Marshal will serve al l process in this case without prepayment of fees from Guerry. In making such a request, Guerry 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: April 5, 2016: check for completion of service of process. Guerry's Motion to Appoint Counsel (Filing No. 5 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with documents as directed)(GJG)
September 3, 2015 Opinion or Order Filing 10 MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Brian Frank Guerry shall pay an initial partial filing fee of $27.91 within 30 days, unless an enlargement of time is granted in response to a written motion. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. Pro Se Case Management Deadline set for 10/7/2015: initial partial filing fee payment due. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and plaintiff's institution)(GJG)
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Defendant: Keith Broadfoot
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Defendant: Scott Frakes
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Defendant: Brian Gage
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Defendant: Guiffe
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Defendant: R Holly
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Defendant: Nebraska Department of Corrections Agency
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Defendant: Thompson
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Plaintiff: Brian Frank Guerry
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