Robinson v. Bridgeport Public Schools, et al
Patrick Robinson |
Kay Anderson, Matthew Asche, Craig Barnette, Bridgeport Public Schools, Justin Corman, Chuck Lambert, Scott Linders, David Miller, Linda Norman and Jeff Pohl |
8:2016cv00177 |
April 20, 2016 |
US District Court for the District of Nebraska |
8 Omaha Office |
Pro Se Docket |
Richard G. Kopf |
Civil Rights: Jobs |
42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
Plaintiff |
Available Case Documents
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Filing 38 ORDER - Plaintiff has submitted a motion to proceed in forma pauperis (Filing No. 37 ). Plaintiff previously was provisionally granted leave to proceed in forma pauperis. (Filing No. 5 ). After reviewing the instant request, the Court will grant Plaintiff's motion to proceed in forma pauperis. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party) (LAC) |
Filing 13 ORDER - Plaintiff's Motion for Appointment of Counsel (Filing No. 12 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (Copy e-mailed to pro se party) (KLF) |
Filing 8 MEMORANDUM AND ORDER - Plaintiff's claims against defendant Bridgeport Public Schools for (a) retaliation under Title VII and (b) violation of Plaintiff's right to procedural due process with regard to (i) his liberty interest in his good n ame and reputation and (ii) his property interest in continued employment may proceed to service of process. Because defendant Bridgeport Public Schools is a state-created governmental organization under Fed. R. Civ. P. 4(j), proper service may be ac complished either by (a) delivering a copy of the summons and of the amended complaint to its chief executive officer; or (b) serving a copy of each in the manner prescribed by Nebraska law for serving a summons or like process on such a defendant. U nder Neb. Rev. Stat. § 13-903, school districts are political subdivisions of the state, and service on such entities may be accomplished by personal, residence, certified mail, or designated delivery service upon the chief executive officer, cl erk, secretary, or other official whose duty it is to maintain the official records, or any member of the governing board or body, or by certified mail or designated delivery service to the principal office of the political subdivision. Neb. Rev. Sta t. § 25-510.02. To obtain service of process on Defendant, Plaintiff must complete and return the summons forms which the Clerk of the court will provide. The Clerk of the court shall send one summons form and one USM-285 form to Plaintiff toget her 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 the court. In the absence of the forms, service of process cannot occur. Upon receipt of the com pleted forms, the Clerk of the court will sign the summons form, to be forwarded with a copy of the Amended Complaint (Filing 7 ) to the U.S. Marshal for service of process. The Marshal shall serve the summons and Amended Complaint without payment o f costs or fees. The Clerk of the court will copy the Amended Complaint, and Plaintiff does not need to do so. Fed. R. Civ. P. 4(m) requires service of a complaint on a defendant within 90 days of filing the complaint. However, Plaintiff is granted, on the court's own motion, an extension of time until 120 days from the date of this order to complete service of process. Plaintiff is hereby notified that failure to obtain service of process on Defendant within 120 days of the date of this or der may result in dismissal of this matter without further notice as to such defendant. Defendant has 21 days after receipt of the summons to answer or otherwise respond to a complaint. The Clerk of the court is directed to set a case management dead line in this case with the following text: January 26, 2017: Check for completion of service of summons. The parties are bound by the Federal Rules of Civil Procedure and by the Local Rules of this court. Plaintiff shall keep the court informed of hi s current address at all times while this case is pending. Failure to do so may result in dismissal. Pursuant to this Memorandum and Order directing service, and at the direction of the court, this case is removed from the pro se docket. The clerk's office shall randomly assign new judges to this case and request a reassignment order from Chief District Court Judge Laurie Smith Camp. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with summons and USM-285) (KLF) |
Filing 6 MEMORANDUM AND ORDER that the Plaintiff's claims against individual defendants Lambert, Corman, Norman, Anderson, Linders, Pohl, Barnette, Asche, and Miller are dismissed with prejudice. Plaintiff must file an amended complaint within 30 day s of the date of this order that asserts plausible claims for relief under Title VII and the ADEA, if the facts support such claims. To the extent Plaintiff intended to allege something other than, or in addition to, claims under Title VII and the ADEA, he must so provide in his amended complaint. Plaintiff shall attach to his amended complaint the Charge of Discrimination he filed with the EEOC against BPS for discrimination based on "age and gender" on August 5, 2014. Plaintiff 039;s failure to act in accordance with this order will result in dismissal of this action. The clerk's office is directed to set the following pro se case management deadline: August 18, 2016: Check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) |
Filing 5 ORDER - Leave to proceed in forma pauperis 2 is provisionally granted, and 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 review of his 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 Richard G. Kopf. (Copy e-mailed to pro se party)(GJG) Modified on 4/21/2016 to change entry or indicate that a copy was e-mailed rather than mailed (GJG). |
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