Norris v. Nebr. Dept. of Corr. Srvcs. et al
| Heath Norris |
| M. Antley, Scott Frakes, John and Jane Does, Dr. Randy Kohl, Barbara Lewein, Nebr. Dept. of Corr. Srvcs., Dr. Kathleen Ogden, Omaha Corr. Cntr., Omaha Corr. Cntr. Medical Staff, C. Schmoker, D. Small, Curt Wees and M. Wesley |
| 8:2016cv00187 |
| April 27, 2016 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Pro Se Docket |
| Richard G. Kopf |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
53
ORDER - Defendants' Motion to Extend Progression Order Deadline to File Dispositive Motions (Filing No. 52 ) is GRANTED, and the deadline to file dispositive motions is extended from July 28, 2017, to August 30, 2017. The court will issue a Second Amended Progression Order in due course. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
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Filing
50
ORDER that Defendants' Motion to Extend Progression Order Deadline to File Dispositive Motions (Filing No. 49 ) is GRANTED, and the deadline to file dispositive motions is extended from June 16, 2017, to July 28, 2017. The court shall issue an Amended Progression Order in due course. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
48
MEMORANDUM AND ORDER that defendants "OMAHA CORR. CNTR. MEDICAL STAFF, including and all other unnamed John and Jane Does known and unknown" and "JOHN AND JANE DOES, known and unknown employees and/or contractors" are dismissed from this case without prejudice because Plaintiff failed to comply with this court's order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
47
MEMORANDUM AND ORDER - On or before March 30, 2017, Plaintiff must identify by name the John and Jane Does (a) who had direct involvement in Plaintiff's allegedly objectionable post-surgery treatment and (b) who are not already named as defendan ts (Frakes, Kohl, Lewein, Wees, Small, Schmoker, Ogden, Antley, and Wesley in their individual capacities), and shall notify the court of their names and locations/addresses (if known), after which the court will process the documents necessary to initiate service of process on those defendants. Failure to do so will result in dismissal of these defendants without prejudice and without further notice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
40
MEMORANDUM AND ORDER that Defendant Small is dismissed from this matter without prejudice for Plaintiff's failure to complete service of process before the time deadline set forth in the court's prior order (Filing No. 11 ). The Motion t o Dismiss (Filing No. 29 ) Plaintiff's state-law negligence claim filed by defendants Frakes, Kohl, Lewein, Wees, Schmoker, Ogden, Antley, and Wesley in their individual capacities is granted, and such claim is dismissed without prejudice to reassertion in state court. Plaintiff's Objection (Filing No. 31 ) to the defendants' Motion to Dismiss is denied. Plaintiff's Motion for Default Judgment (Filing No. 34 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
23
ORDER - that Plaintiff's objection (Filing No. 13 ) to the court's Memorandum and Order (Filing No. 11 ) dismissing Plaintiff's official-capacity claims against defendants Frakes, Kohl, Lewein, Wees, Small, Schmoker, Ogden, Antley, and Wesley and dismissing Plaintiff's claims against defendants Nebraska Department of Correctional Services and Omaha Correctional Center is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
11
MEMORANDUM AND ORDER This action may proceed to service of process as to Plaintiff's claims against defendants Frakes, Kohl, Lewein, Wees, Small, Schmoker, Ogden, Antley, and Wesley in their individual capacities, in addition to those as-yet u nidentified members of the OCC medical staff (also in their individual capacities) that had direct involvement in Plaintiff's post-surgery treatment. Defendants Nebraska Department of Correctional Services and Omaha Correctional Center are dis missed from this action, as are Plaintiff's official-capacity claims against defendants Frakes, Kohl, Lewein, Wees, Small, Schmoker, Ogden, Antley, and Wesley. The clerk of the court is directed to send to Plaintiff a copy of the Complaint, a co py of this Memorandum and Order, and 9 summons forms and 9 USM 285 Forms for service on defendants Frakes, Kohl, Lewein, Wees, Small, Schmoker, Ogden, Antley, and Wesley in their individual capacities. (See attached Notice Regarding Service.) Federa l Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 120 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 orde r to complete service of process. If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees from Plaintiff. In making such a request, Plaintiff 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. Upon receipt of the completed forms, the clerk of the court will sign the summons forms a nd forward them to the Marshal for service on Defendants, together with copies of the Complaint. In the event Plaintiff asks the United States Marshal to serve process, the clerk of the court will make copies of the Complaint for service on Defendants. The clerk of the court is directed to set the following pro se case management deadline: November 28, 2016: check for completion of service. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
9
ORDER that Plaintiff's Motion to Appoint Counsel (Filing No. 4 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
8
ORDER that Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. Plaintiff must pay an initial partial filing fee of $7.18 within 30 days, unless the court extends the time in which 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 cler k'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: May 27, 2016: in itial 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 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 Richard G. Kopf. (Copies mailed as directed) (LAC)
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