Filhiol v. Frakes et al
Plaintiff: Charles A. Filhiol
Defendant: Any and all unknown Hall County Nebraska Corrections Staff and medical staff and administrators involved in this claim, Any and all unknown medical staff aware of my current medical conditions who work for or are contracted through the NDocs, Any unknown NDocs Employees involved in my classification process at NDocs and Scott Frakes
Case Number: 8:2016cv00460
Filed: October 11, 2016
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Pro Se Docket
Presiding Judge: Richard G. Kopf
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
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Date Filed Document Text
December 5, 2017 Opinion or Order Filing 77 MEMORANDUM AND ORDER that this matter is dismissed without prejudice because Plaintiff failed to prosecute it diligently and failed to comply with this court's orders. The court will enter judgment by a separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
October 25, 2017 Opinion or Order Filing 74 MEMORANDUM AND ORDER that Plaintiff must apprise the court of his current address within 30 days. Failure to do so will result in dismissal of this matter without prejudice and without further notice. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: November 27, 2017: check for address; dismiss if no update. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
October 5, 2017 Opinion or Order Filing 67 MEMORANDUM AND ORDER that Plaintiff may no later than November 6, 2017, file a response to the HCDC correctional officers' Motion for Summary Judgment (Filing No. 60 ). The clerk's office is directed to set a pro se case management deadline using the following text: November 6, 2017: check for Plaintiff's response to HCDC correctional officers' Motion for Summary Judgment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
September 1, 2017 Opinion or Order Filing 59 MEMORANDUM AND ORDER that the Plaintiff's Eighth Amendment claim for deliberate indifference to serious medical needs (i.e. burn treatment) will proceed to service of process against Angela Barcenas in her official and individual capaci ties. For service of process on Defendant Angela Barcenas in her official capacity, the clerk of the court is directed to complete a summons form and USM-285 form for Defendant Barcenas using the address "Hall County Clerk, 121 South Pine St reet, Grand Island, NE 68801," and forward them together with a copy of the Complaint (Filing No. 1 ), Supplement (Filing No. 17 ), Amended Complaint (Filing No. 21 ), and a copy of this Memorandum and Order to the Marshals Service. The Ma rshals Service shall serve Defendant Barcenas in her official capacity at the Hall County Clerk, 121 South Pine Street, Grand Island, NE 68801. See Federal Rule of Civil Procedure 4(j)(2); Neb. Rev. Stat. § 25-510.02 (Reissue 2016). The clerk of the court is directed to obtain the last-known address for Defendant Angela Barcenas from the United States Marshals Service for service of process on Defendant Barcenas in her individual capacity. Once such address is obtained, the clerk of t he court is directed to complete a summons form and a USM-285 form for Defendant Barcenas using the address provided by the Marshals Service and forward them together with a copy of the Complaint (Filing No. 1 ), Supplement (Filing No. 17 ), Ame nded Complaint (Filing No. 21 ), and a copy of this Memorandum and Order to the Marshals Service for service of process on the defendant in her individual capacity. The Marshals Service shall serve Defendant Barcenas in her individual capacity us ing any of the following methods: personal, residence, 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 file under seal any document containing the last-known personal addresses for Defendant Barcenas. The clerk of the court is directed to set the following p ro se case management deadline: November 30, 2017: check for completion of service of process. The clerk of the court is directed to add Angela Barcenas as a defendant in this matter. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
July 12, 2017 Opinion or Order Filing 36 MEMORANDUM AND ORDER that Plaintiff's Eighth Amendment claim for deliberate indifference to serious medical needs (i.e. burn treatment) will proceed to service of process against the following Hall County Department of Corrections employe es in their official and individual capacities: Sergeant Aaron Gray, Classifications Officer Troy Taylor, Classifications Sergeant Jason Conley, Travis Milem, Eddy Champion, Sarah Hood (Blodgett), and Sergeant Darla Sparr. Plaintiff's Eigh th Amendment claim for deliberate indifference to serious medical needs (i.e. burn treatment) will proceed to service of process against the following Advanced Correctional Health Care employees in their official and individual capacities: Barb ara Lurz, Tammy Bader, Destinee Chappa, Lacy Broeker, Nichole Love, and Angela Maciejewski. For service of process on Defendants Sergeant Aaron Gray, Classifications Officer Troy Taylor, Classifications Sergeant Jason Conley, Travis Milem, Eddy C hampion, Sarah Hood (Blodgett), Sergeant Darla Sparr, Barbara Lurz, Tammy Bader, Destinee Chappa, Lacy Broeker, Nichole Love, and Angela Maciejewski in their official capacities, the clerk of the court is directed to complete 13 summons forms and 13 USM-285 forms for Defendants Gray, Taylor, Conley, Milem, Champion, Hood (Blodgett), Sparr, Lurz, Bader, Chappa, Broeker, Love, and Maciejewski using the address "Hall County Clerk, 121 South Pine Street, Grand Island, NE 68801," and forward them together with a copy of the Complaint (Filing No. 1 ), Supplement (Filing No. 17 ), Amended Complaint (Filing No. 21 ), and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendants Gr ay, Taylor, Conley, Milem, Champion, Hood (Blodgett), Sparr, Lurz, Bader, Chappa, Broeker, Love, and Maciejewski in their official capacities at the Hall County Clerk, 121 South Pine Street, Grand Island, NE 68801. For service of process on Defend ants Sergeant Aaron Gray, Classifications Officer Troy Taylor, Classifications Sergeant Jason Conley, Travis Milem, Eddy Champion, Sarah Hood (Blodgett), Sergeant Darla Sparr, Barbara Lurz, Tammy Bader, Destinee Chappa, Lacy Broeker, Nichole Love, and Angela Maciejewski in their individual capacities, the clerk of the court is directed to complete 13 summons forms and 13 USM-285 forms for Defendants Gray, Taylor, Conley, Milem, Champion, Hood (Blodgett), Sparr, Lurz, Bader, Chappa, Broeker , Love, and Maciejewski using the address "Hall County Department of Corrections, 110 Public Safety Drive, Grand Island, NE 68801," and forward them together with a copy of the Complaint (Filing No. 1 ), Supplement (Filing No. 17 ), A mended Complaint (Filing No. 21 ), and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendants Gray, Taylor, Conley, Milem, Champion, Hood (Blodgett), Sparr, Lurz, Bader, Chappa, Broeker, Love, and Maciejewski personally in their individual capacities at the Hall County Department of Corrections, 110 Public Safety Drive, Grand Island, NE 68801. Service may also be accomplished by using any of the following methods: residence, 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 add the individuals named in Paragraph 1 as defendants in this matter. All current defendants, except for Todd Bahensky, shall be terminated in this matter. The clerk of the court is directed to set the following pro se case management deadline: October 10, 2017: check for completion of service of process. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (LAC)
July 10, 2017 Opinion or Order Filing 34 MEMORANDUM AND ORDER that no later than July 24, 2017, Defendant Bahensky shall identify which of the HCDC employees identified in his Amended Answer are no longer employed with HCDC. The clerk's office is directed to set a pro se case management deadline using the following text: July 24, 2017: check for names of former employees. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
April 10, 2017 Opinion or Order Filing 20 MEMORANDUM AND ORDER that Plaintiff's motion for extension (Filing No. 19 ) is granted. Plaintiff must, within 30 days, (1) either file a new request for leave to proceed in forma pauperis or pay the courts $400.00 filing and administra tive fees, AND (2) file an amended complaint that states a claim upon which relief may be granted. Failure to take either action will result in dismissal of this matter without further notice to Plaintiff. The clerk of the court is directed to se nd to Plaintiff the Form AO 240, "Application to Proceed Without Prepayment of Fees and Affidavit." The clerk of the court is directed to set a pro se case management deadline with the following text: May 10, 2017: deadline for Plaintiff to file new IFP application or pay filing fee AND to file an amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
March 10, 2017 Opinion or Order Filing 18 MEMORANDUM AND ORDER that the Plaintiff shall file an amended complaint by April 9, 2017, 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 di smissing 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: April 9, 2017, check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
October 18, 2016 Opinion or Order Filing 8 MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel and Waive Filing Fee (Filing No. 7 ) is denied. Plaintiffs request for counsel is denied without prejudice to reassertion at a later date. Plaintiff must pay the initial partial filing fee in the amount of $14.12 by November 11, 2016, unless the court extends the time in which he has to pay in response to a written motion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
October 12, 2016 Opinion or Order Filing 6 MEMORANDUM AND ORDER that the Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. Plaintiff must pay an initial partial filing fee of $14.12 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 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: November 11, 2016: initial partial filing fee payment due. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in Plaintiffs case will be for the court to conduct an initial review of Plai ntiff'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 and as directed) (LAC)
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Defendant: Any and all unknown Hall County Nebraska Corrections Staff and medical staff and administrators involved in this claim
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Defendant: Any and all unknown medical staff aware of my current medical conditions who work for or are contracted through the NDocs
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Defendant: Any unknown NDocs Employees involved in my classification process at NDocs
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Defendant: Scott Frakes
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Plaintiff: Charles A. Filhiol
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