Brown v. Department of Health & Human Services et al
| Cornelius Brown |
| Shannon Black, Department of Health & Human Services, Cindy Dykeman, Lisa Laurell, Kyle Malone, Jana Stoner and Anthony Walters |
| 8:2016cv00245 |
| June 3, 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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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
42
MEMORANDUM AND ORDER - Plaintiff may proceed on appeal in forma pauperis. The Clerk of Court shall provide the Eighth Circuit Court of Appeals with a copy of this order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
38
MEMORANDUM AND ORDER - that an Amended Judgment shall be entered, after which Plaintiff has 30 days to file a notice of appeal. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
13
MEMORANDUM AND ORDER - Plaintiff's First Amendment retaliation claims against Defendant Shannon Black and Defendant Chalice Closen in their individual capacities may proceed to service of process. For service of process on Defendant Shannon Blac k and Defendant Chalice Closen in their individual capacities, the clerk of the court is directed to complete 1 summons form and 1 USM-285 form for Defendant Shannon Black and 1 summons form and 1 USM-285 for Defendant Chalice Closen, all using the a ddress Lincoln Regional Center, 801 W Prospector Pl, Lincoln, NE 68522 and forward them together with a copy of the second Amended Complaint (Filing No. 12 ) and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendant Shannon Black and Defendant Chalice Closen personally in their individual capacities at the Lincoln Regional Center, 801 W Prospector Pl, Lincoln, NE 68522. Service may also be accomplished by using any of the following methods: resi dence, certified mail, or designated delivery service. See Federal Rule of Civil Procedure 4(e); Neb. Rev. Stat. § 25-508.01 (Reissue 2016). The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk of the court is directed to set the following pro se case management deadline: July 25, 2017: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
11
MEMORANDUM AND ORDER - Plaintiff's claims for monetary relief against all Defendants in their official capacity are dismissed as barred under the Eleventh Amendment. Plaintiff's claims for injunctive relief against Defendants Black, Dykeman , Malone, Laurell, Stoner, and Closen in their official and individual capacities are dismissed as moot. Plaintiff shall file an amended complaint asserting cognizable individual capacity claims against Defendants by March 9, 2017. Failure to file an amended complaint within the time specified by the court will result in the court dismissing this case without further notice to Plaintiff. The clerk of the court is directed to set a pro se case management deadline using the following text: March 9, 2017, check for amended complaint. The clerk of the court is directed to terminate Defendant AnthonyWalters from the case. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
10
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to File an Amended Complaint (Filing No. 8 ) is granted. Plaintiff shall file an amended complaint by January 6, 2017. Plaintiff is advised that the amended complaint will supersede, rather th an supplement, his original complaint. The clerk of court is directed to set a pro se case management deadline in this case using the following text: January 6, 2017: Check for Amended Complaint. Plaintiff's Motion for Appointment of Counsel (Filing No. 9 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
7
MEMORANDUM AND ORDER - that 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 rev iew 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 mailed to pro se party) (KLF)
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