Shadle v. Frakes et al
Plaintiff: Riley Nicole Shadle
Defendant: All Male emplyees of LCC, Fred Britten, Scott Frakes, S. Fredenberg, Corperal Jiminez, Randy Kohl, Jonathan Locus, Corperal McIntosh, Kari Paulsen, Janice Rihn, Diana Sabatka-Rine, Lt. Sully and Ricky Wray
Case Number: 8:2016cv00546
Filed: December 14, 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: 42:1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 4, 2020 Opinion or Order Filing 117 ORDER - The clerk shall terminate all deadlines and hearings for this case. The parties shall comply with the terms of the settlement agreement filed of record as Filing No. 116 . Plaintiff shall file a motion to dismiss this case with prejudice on or before January 31, 2023. By operation of this order, this dismissal deadline will be set aside if at the time of the motion to dismiss would otherwise be due, there is a pending motion for judicial enforcement of the parties' settlement agree ment, or the court has entered an order staying the final dismissal deadline. The Clerk of the United States District Court for the District of Nebraska shall: Close this case for statistical purposes; and Set a case management deadline of February 6, 2023 using the following language: Confirm that a final judgment of dismissal has or may now be entered. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
February 4, 2020 Opinion or Order Filing 115 CONSENT to Jurisdiction by US Magistrate Judge - upon consent of parties, this case is transferred to Magistrate Judge Cheryl R. Zwart for final disposition. Ordered by Senior Judge Joseph F. Bataillon. (LAC)
October 21, 2019 Opinion or Order Filing 111 MEMORANDUM AND ORDER granting 104 Motion for Reimbursement from Federal Practice Fund. The Clerk of Court is directed to advance to plaintiff's counsel, Michael D.Gooch, the amount of $1,200.00 for the purposes set out above and more fully detailed in counsel's proposed budget. Ordered by Senior Judge Joseph F. Bataillon. (E-mailed to Financial Staff) (ADB)
July 31, 2019 Opinion or Order Filing 110 ORDER - that the motion to withdraw filed by David A. Lopez, as counsel of record for Defendants, (Filing No. 109 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
May 29, 2019 Opinion or Order Filing 101 ORDER - IT IS ORDERED - The clerk shall terminate the status report deadline of May 31, 2019,and set a new status report deadline of July 1, 2019. If this case is not resolved prior to July 1, 2019, Plaintiff's counsel shall file a motion to substitute parties on or before July 5, 2019. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
September 17, 2018 Opinion or Order Filing 95 ORDER granting 94 Motion to Amend. The status conference previously scheduled for October 16, 2018 is continued, and it will be held before Magistrate Judge Zwart on November 8, 2018 at 9:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (MBM)
June 13, 2018 Opinion or Order Filing 82 STIPULATED PROTECTIVE ORDER granting Parties' Joint Motion for Entry of Stipulated Protective Order (Filing No. 81 ). Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
September 19, 2017 Opinion or Order Filing 60 ORDER that Plaintiff's pro se motion to amend 31 is denied without prejudice to re-filing an amended complaint with the assistance of Plaintiff's court-appointed counsel. Plaintiff's motion to strike 44 is granted, and her motion f or change of housing 43 is denied without prejudice to re-asserting if her housing becomes inappropriate under constitutional standards or is inconsistent with the institution's current or future policies. Ordered by Magistrate Judge Cheryl R. Zwart. (MBM)
July 13, 2017 Opinion or Order Filing 49 ORDER that Defendant's motion to continue, (Filing No. 46 ), is granted, and Defendant's response to Plaintiff's motion to transfer, (Filing No. 43 ), is stayed pending a telephonic conference with the undersigned magistrate judg e. A hearing will be held on the record by telephone on July 18, 2017 at 12:00 p.m. (noon) to discuss Plaintiff's motion to amend (Filing No. 31 ), motion to transfer, (Filing No. 43 ), and motion to strike the motion to transfer (Filing No. 44 ). The parties shall use the conferencing information assigned to this case, (see Filing No. 47 ), to participate in the hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
April 17, 2017 Opinion or Order Filing 25 ORDER - Plaintiff's motion for additional time to submit the initial filing fee payment, 14 , is denied as moot. Plaintiff's motion to permit Shadle to directly make filing fee payments, 21 , is denied. Plaintiff's motion to amend the complaint to add attachments and allege that all defendants are sued in both their individual and official capacities, 17 , is granted. Plaintiff's motion, 22 , is granted in part and denied in part: To the extent it requests that atta chments be added to the complaint, the motion is granted, but that portion of the motion which requests a status update is denied as moot. The plaintiff's operative complaint consists of filing 1, as supplemented by filings 17 and 22. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(SLP)
April 7, 2017 Opinion or Order Filing 24 MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT: This case may proceed to service of process as to Shadle's Eighth and Fourteenth Amendment claims against defendants. The Clerk of the Court is directed to send to Shadle a copy of the Com plaint, a copy of this Memorandum and Order, and twelve (12) summons forms and USM 285 Form for service on defendants. (See attached Notice Regarding Service.) Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant w ithin 90 days of filing the complaint. However, Shadle 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. (See this Court's General Order No. 2015-06.) If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees from Shadle. In making such a request, Shadle must complete the USM 285 form to be submitted to the Clerk of the Court with the completed summons form. Without these documents, the United States Marshal will not serve process. Upon receipt of the completed forms, the Clerk of Court will sign the summons form and forward it to the United States Marshal for service on d efendants, together with a copy of the Complaint. The Clerk of the Court is directed to set the following pro se case management deadline: August 7, 2017, check for completion of service of process. The magistrate judge shall monitor the service of process, defendants' answers, and thereafter, progress this case in an expedient fashion. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with Summons and 285 Forms)(TCL)
December 16, 2016 Opinion or Order 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 $9.43 within 30 days, unless the court extends the time in which he has to pay in response to a writ ten 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'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: January 17, 2017: 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 and as directed) (LAC)
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Defendant: All Male emplyees of LCC
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Defendant: Fred Britten
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Defendant: Scott Frakes
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Defendant: S. Fredenberg
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Defendant: Corperal Jiminez
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Defendant: Randy Kohl
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Defendant: Jonathan Locus
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Defendant: Corperal McIntosh
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Defendant: Kari Paulsen
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Defendant: Janice Rihn
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Defendant: Diana Sabatka-Rine
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Defendant: Lt. Sully
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Defendant: Ricky Wray
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Plaintiff: Riley Nicole Shadle
Represented By: Jeanelle R. Lust
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