Nickman v. Zarraga et al
| Joshua M. Nickman |
| Scott B. Andreala, Todd Bahensky, Jaime Lyn Craft, Aaron Gray, Colton J. Guerrero, Hall County Corrections, J. Jones, Lacy, Eric Jon Little, Andrew L. Mclean, Jesus J. Ramirez, Shelby L. Rawlings, Jessica M. Stroup, Jonathan R. Tripp, Michael Tubbs and Juan M. Zarraga |
| 8:2016cv00262 |
| June 13, 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
73
MEMORANDUM AND ORDER - Plaintiff's motion for extension (Filing No. 71 ) is granted. He shall file a brief in opposition to Defendants' Motion for Summary Judgment no later than March 17, 2017. Defendants shall have seven days to submit th eir reply brief and/or evidence in response. Plaintiff's Rule 56(d) motion (Filing No. 68 ) is denied. The clerk's office is directed to set the following pro se case management deadline: March 17, 2017: Check for Plaintiff's brief in opposition to Defendants' Motion for Summary Judgment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
70
MEMORANDUM AND ORDER - Plaintiff is given 14 days in which to file an affidavit or declaration that plainly sets forth (1) the specific facts he hopes to elicit from further discovery, (2) that the facts sought exist, and (3) that these sought-after facts are essential to resist the summary judgment motion. Failure to do so will result in summary dismissal of Plaintiff's Rule 56(d) motion. If Plaintiff timely files an affidavit or declaration in support of his Rule 56(d) motion, Defendants will have 14 days in which to respond to the Rule 56(d) motion. If Plaintiff does not file an affidavit or declaration in support of his Rule 56(d) motion within 14 days, he will have 14 days from the date the affidavit or declaration is due in which to file a response to Defendants' summary judgment motion. The clerk's office is directed to set the following pro se case management deadline: March 10, 2017: Check for Plaintiff's affidavit and response from Defendants or Plaintiff& #039;s brief in response to MSJ. Plaintiff's "Motion for Time Extension or Continuance" (Filing No. 68 ) is stayed in abeyance pending filing of an additional affidavit or declaration within 14 days. His request for time to respond to Defendants' Motion for Summary Judgment is granted to the extent the relief he seeks is consistent with the relief provided in this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
67
MEMORANDUM AND ORDER - With regard to this court's order dated January 12, 2017 (Filing No. 51 ), the United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk's office provide a copy of this order to the United States Marshal. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM and Copy mailed to pro se party) (LAC)
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Filing
51
MEMORANDUM AND ORDER - The clerk of the court is directed to obtain a current address for Defendant Jonathan R. Tripp from the United States Marshals Service for service of process on him in his individual capacity. Upon obtaining the necessary addre ss, the clerk of the court is directed to complete and issue a summons for Defendant Jonathan R. Tripp in his individual capacity at the address provided by the Marshals Service. The clerk of the court is further directed to deliver the summons, the necessary USM-285 Form, the Amended Complaint (Filing No. 24 ), 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 Defendant Jonathan R. Tripp. The clerk of the court is directed to file under seal any document containing the current address for Defendant Jonathan R. Tripp. The clerk of the court is ordered to terminate the Plaintiffs Motions for Status: Filing No. 41 and Filing No. 45 . Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
42
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 38 ) is denied without prejudice to reassertion. Plaintiff's Motion for Interrogatories and Request for Production of Documents (Filing No. 39 ) is denied. Plaintiff's Motion for Production of Documents (Filing No. 40 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
32
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to File a Second Amended Complaint (Filing No. 29 ) is denied. Plaintiff's Motion to Compel (Filing No. 28 ) is denied without prejudice to reassertion. Plaintiff's Motion for Restraining Order (Filing No. 30 ) 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
27
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 26 ) is denied without prejudice to reassertion. The clerk of court is directed to obtain the last known addresses for Defendants McLean, Zarraga, Gray, Rawlings, Guerrero , Tubbs, Ramirez, Craft, Stroup, Andreala, Little, and Tripp from the United States 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 McLean, Zarraga, Gray, Rawlings, Guerrero, Tubbs, Ramirez, Craft, Stroup, Andreala, Little, and Tripp in their individual capacities at the addresses provided by the Marshals Service. The clerk of the court is further directed to deliver the summonses, the necessary USM-285 Forms, the Amended Complaint (Filing No. 24 ), 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 Mar shals Service for service of process on Defendants McLean, Zarraga, Gray, Rawlings, Guerrero, Tubbs, Ramirez, Craft, Stroup, Andreala, Little, and Tripp in their individual capacities. The clerk of the court is directed to file under seal any document containing the last known addresses for Defendants. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
25
MEMORANDUM AND ORDER - This case may proceed to service of process as to Plaintiff's Eighth Amendment excessive force claims and state law claims against Defendants McLean, Zarraga, Gray, Rawlings, Guerrero, Tubbs, Ramirez, Craft, Stroup, Andrea la, Little and Trip in their individual capacities. Plaintiff's claims against Defendants Hall County Corrections, Jones, Bahensky, and Lacy are dismissed in their entirety. To obtain service of process on Defendants, Plaintiff must complete and return the summons forms which the Clerk of the court will provide. The Clerk of the court shall send TWELVE summons forms and TWELVE USM-285 forms to Plaintiff, together 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 completed forms, the Clerk of the court will sign the summons forms, to be forwarded w ith a copy of the Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons and Amended Complaint without payment of costs or fees. The Clerk of the court will copy the Amended Complaint, and Plaintiff does not need to do so. Federal Rule of Civil Procedure 4 requires service of the complaint on a defendant within 90 days of filing the complaint. However, because in this order Plaintiff is informed for the first time of these requirements, Plaintiff is gra nted, 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 a defendant within 120 days of the date of this order may result in dismissal of this matter without further notice as to such defendant. A defendant has 21 days after receipt of the summons to answer or otherwise respond to a complaint. The Clerk of Court is directed to set a pro se case ma nagement deadline in this case with the following text: "February 9, 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 his current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party along with summons and USM-285 forms) (KLF)
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Filing
21
MEMORANDUM AND ORDER - Plaintiff shall file an amended complaint by October 3, 2016, that states a claim upon which relief may be granted. Failure to file an amended complaint within the time specified by the court will result in the court dismissin g 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: October 3, 2016 check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
18
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 17 ) is denied without prejudice to reassertion at a later time. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
12
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 11 ) 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
8
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 7 ) 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
6
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. Plaintiff must pay an initial partial filing fee of $2.33 within 30 days, unless the court extends the time in which he has to pay in response t o 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 cou rt. 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: July 1 5, 2016: 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 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. (Copy mailed to pro se party) (KLF)
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