Boyd-Nicholson v. Frakes et al
Plaintiff: Aron Lee Boyd-Nicholson
Defendant: Scott Frakes, Dr. Huston, Jane or John Doe 1-12, Tana Kenley, Dr. Randy Kohl and Mario Peart
Case Number: 8:2015cv00424
Filed: November 19, 2015
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Pro Se Docket
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Civil Rights Act
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
November 20, 2018 Opinion or Order Filing 99 ORDER - IT IS ORDERED: On or before December 20, 2018, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) which will fully dispose of the case. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. The Clerk of Court shall terminate the pretrial and trial settings, and any hearings set for this case. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
October 12, 2018 Opinion or Order Filing 96 ORDER - IT IS ORDERED that the Joint Motion to Amend Amended Progression Order (Filing No. 95 ) is granted. Final Pretrial Conference set for 12/3/2018 at 11:30 AM in Chambers before Magistrate Judge Michael D. Nelson. Jury Trial set for 12/17/2018 at 09:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
February 8, 2018 Opinion or Order Filing 77 ORDER granting Defendants' Motion for Leave to Depose Plaintiff (Filing No. 76 ). Pursuant to Fed. R. Civ. P. 30(a)(2)(B), Defendants are granted leave of this Court to take the deposition of Plaintiff Aron Lee Boyd-Nicholson at the Lincoln Correctional Center. Ordered by Senior Judge Richard G. Kopf. (KMM)
January 31, 2018 Opinion or Order Filing 75 MEMORANDUM AND ORDER that Plaintiff's Motion for Leave to Depose an Inmate in Custody (Filing No. 73 ) is granted. Pursuant to Fed. R. Civ. P. 30(a)(2)(B), Plaintiff is granted leave of this Court to take the deposition of inmate Alberto Vasquez, DCS ID 72373, at the Tecumseh State Correctional Institution. Ordered by Senior Judge Richard G. Kopf. (LAC)
January 24, 2018 Opinion or Order Filing 72 MEMORANDUM AND ORDER that the parties' Joint Motion to Continue Deadlines for Limited Discovery and Summary Judgment (Filing No. 71 ) is granted. Counsel will have until April 13, 2018, to complete limited discovery and to file a responsive br ief. Defendants will have 30 days thereafter to file a response. The clerk's office is directed to set a pro se case management deadline using the following text: April 13, 2018: check for Plaintiffs responsive brief. Ordered by Senior Judge Richard G. Kopf. (LAC)
January 16, 2018 Opinion or Order Filing 69 ORDER granting 68 Joint Motion for entry of Stipulated Protective Order. Ordered by Senior Judge Richard G. Kopf. (CCB)
September 18, 2017 Opinion or Order Filing 65 MEMORANDUM AND ORDER that all case progression deadlines, including the pretrial conference scheduled for 12/4/17 are canceled. If necessary, new progression deadlines and the date of the pretrial conference will be set following the ruling on the parties' cross-motions for summary judgment. Ordered by Senior Judge Richard G. Kopf. (CCB)
September 15, 2017 Opinion or Order Filing 64 MEMORANDUM AND ORDER that the Plaintiff's Motion to Appoint Counsel (Filing No. 42 ) is granted. With thanks for accepting the appointment, Marnie A. Jensen and the law firm Husch Blackwell are hereby appointed to represent Plaintiff Aron L ee Boyd-Nicholson. Ms. Jensen and/or any other counsel from the law firm Husch Blackwell are directed to promptly enter their appearance as counsel in this case. Upon entry of counsel's appearance in CM/ECF, the clerk of the court shall i mmediately pay from the Federal Practice Fund the sum of $1,000 to the law firm Husch Blackwell. A second and the last installment of $1,000 shall become due and payable to the law firm Husch Blackwell upon the entry of judgment or o ther closing documents in the case. Counsel may incur reasonable expenses when representing Plaintiff in accordance with parts III(A), VI(C), and VI(E) of the Amended Plans for Administration of the Federal Practice Fund and Federal Practice Commi ttee.3 See also NEGenR 1.7(g) and NECivR 54.3-54.4. Should Plaintiff succeed and counsel is awarded attorney fees and expenses that exceed $2,000 plus expenses, they shall reimburse the Federal Practice Fund for the fees and expenses paid fro m the fund. At the direction of the court, this case will remain on the pro se docket. If this case proceeds to trial, the court will issue an order that the case be removed from the pro se docket and reassigned to another judge according to the n ormal operating procedures of the court in such cases. Counsel for Plaintiff is initially appointed to (1) conduct limited discovery pursuant to Fed. R. Civ. P. 56(d), and (2) brief, and argue if necessary, a response to Defendants' summary j udgment motion. Counsel will have 150 days from the date of this Memorandum and Order to complete limited discovery and to file a responsive brief. Defendants will have 30 days to file a response. Counsel may exercise their discretion with regar d to Plaintiff's current summary judgment motion. Should this case proceed to trial, counsel is obligated to continue to represent Plaintiff. The appointment will not extend to any appeal after trial. The clerk's office is directed to se t a pro se case management deadline using the following text: February 12, 2018: check for Plaintiff's responsive brief. The cross-motions for summary judgment (Filing Nos. 35 , 62 ) are stayed pending resolution of the matters in paragraph 8. The clerk's office shall provide Plaintiff, Ms. Jensen, counsel for Defendants, and Chief Judge Smith Camp with a copy of this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed and Finance)(LAC)
August 25, 2017 Opinion or Order Filing 61 AMENDED PROGRESSION ORDER - Final Pretrial Conference will be held by telephone before the Magistrate Judge Zwart on December 4, 2017 at 10:00 a.m. The trial date will be set by the Magistrate Judge at the time of the Final Pretrial Conference. Th e clerk of the court is directed to set a pro se case management deadline in this case using the following text: Pretrial conference before Magistrate Judge Cheryl Zwart to be held on December 4, 2017 at 10:00 a.m. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(LAC)
July 25, 2017 Opinion or Order Filing 59 MEMORANDUM AND ORDER that Plaintiff shall file no later than August 29, 2017, a response to Defendants' summary judgment motion (Filing No. 35 ). If Plaintiff wishes to file a dispositive motion of his own, he shall also file it no later than August 29, 2017. Plaintiffs response and/or dispositive motion must be filed with the court no later than August 29, 2017. The clerk's office is directed to set a pro se case management deadline using the following text: August 29, 2017: check for Plaintiffs response/dispositive motion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
July 11, 2017 Opinion or Order Filing 57 ORDER to Alberto Vasquez setting forth the questions for a deposition by written questions pursuant to Federal Rule of Civil Procedure 31. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se plaintiff)(CCB)
April 17, 2017 Opinion or Order Filing 48 MEMORANDUM AND ORDER Plaintiff is given 14 days to file a Rule 56(d) motion and defendants will have 14 days to respond; if plaintiff does not file a Rule 56(d) motion, he will have until 5/19/17 to file a response to defendants' summary judgment motion. Clerk is directed to set a pro se case management deadline for 5/15/2017. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(CCB)
March 20, 2017 Opinion or Order Filing 45 AMENDED PROGRESSION ORDER - Pretrial Conference set for 8/24/2017 at 10:00 AM Internet/Telephonic Conferencing before Magistrate Judge Cheryl R. Zwart. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: Pretrial conference before Magistrate Judge Cheryl Zwart to be held on August 24, 2017 at 10:00 a.m. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LAC)
February 16, 2017 Opinion or Order Filing 41 AMENDED PROGRESSION ORDER - Dispositive motions due April 7, 2017. Pretrial Conference set for 7/13/2017 at 10:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LAC)
February 1, 2017 Opinion or Order Filing 34 MEMORANDUM AND ORDER that this matter is before the court on Defendants' Motion to Extend Progression Order Deadlines. (Filing No. 33 .) The motion is granted. Dispositive motions shall be filed on or before February 10, 2017. Final Pretrial Conference set for 5/18/2017 at 10:00 AM before Magistrate Judge Cheryl R. Zwart. Pro Se Case Management Deadline set for 5/18/17 at 10:00 a.m.. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LAC)
November 22, 2016 Opinion or Order Filing 32 AMENDED PROGRESSION ORDER - This matter is before the court on Defendants' Motion to Extend Progression Order Deadlines. (Filing No. 31 ). The motion is granted. Pro Se Case Management Deadline set for 5/2/2017. Final Pretrial Conference set for 5/2/2017 at 10:30 AM before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LAC)
August 5, 2016 Opinion or Order Filing 28 ORDER denying 26 Plaintiff's Motion to Appoint Counsel without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(CCB)
May 13, 2016 Opinion or Order Filing 18 MEMORANDUM AND ORDER that Plaintiff' s claims against Defendant Carolyn Moore are dismissed without prejudice. Plaintiff's claims against Defendants Stephanie Snodgrass and April Rollins in their official capacities are dismissed without prejudice. Plaintiff's claims against Defendants Snodgrass and Rollins in their individual capacities may proceed to service of process. The clerk of court is directed to obtain the last known addresses for Defendants Snodgrass and Rollins from the Marshals Service for service of process on them in their individual capacities. Upon obtaining the necessary addresses, the clerk of court is directed to complete and issue summonses for Defendants Snodgrass and Rollins in their individu al capacities at the addresses provided by the Marshals Service. The clerk of court is further directed to deliver the summonses, the necessary USM-285 Forms, the Complaint (Filing No. 1 ), the Amended Complaint (Filing No. 16 ), a copy of this order, and a copy of the order granting Plaintiff's motion for leave to proceed in forma pauperis (Filing No. 6 ) to the Marshals Service for service of process on Defendants Snodgrass and Rollins in their individual capacities. The clerk o f court is directed to file under seal any document containing the last known addresses for Defendants Snodgrass and Rollins. Plaintiff's Motion to Appoint Counsel (Filing No. 17 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (LAC)
March 18, 2016 Opinion or Order Filing 13 MEMORANDUM AND ORDER: Plaintiff shall file an amended complaint by April 18, 2016 that states a claim upon which relief may be granted against Defendants. Failure to file an amended complaint within the time specified by the court will result in th e court dismissing this case without further notice to the Plaintiff. Plaintiff's 8 MOTION for Counsel and Memorandum Brief filed by Aron Lee Boyd-Nicholson and 9 MOTION to Appoint Counsel filed by Aron Lee Boyd-Nicholson are denied. P ro Se Case Management Deadlines: Pro Se Case Management Deadline set for 3/18/2016 to check for amended complaint. To avoid confusion, any document Plaintiff sends to the clerk of the court for filing in this case must clearly display the case number. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KMG)
November 25, 2015 Opinion or Order Filing 6 MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Aron Lee Boyd-Nicholson shall pay an initial partial filing fee of $15.24 within 30 days, unless an enlargement of time is granted in response to a wri tten motion. The clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: December 28, 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 initial review of Plainti ff'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) (copy mailed to institution) (ADB)
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Search for this case: Boyd-Nicholson v. Frakes et al
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Plaintiff: Aron Lee Boyd-Nicholson
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Defendant: Scott Frakes
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Defendant: Dr. Huston
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Defendant: Jane or John Doe 1-12
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Defendant: Tana Kenley
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Defendant: Dr. Randy Kohl
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Defendant: Mario Peart
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