Phillips v. State of Nebraska et al
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|Date Filed||#||Document Text|
|December 13, 2017
MEMORANDUM AND ORDER - Plaintiff's 42 U.S.C. § 1983 Eighth and Fourteenth Amendment claim for prospective injunctive relief against Defendant Dr. Deol in his official capacity may proceed to service of process. For service of process on Def endant Dr. Deol in his official capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for such defendant using the address Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509, and forwar d them together with a copy of the Complaint with its attachment (Filing Nos. 1 & 2 ), the Supplemental Complaint (Filing No. 12 ), this courts previous Memorandum and Order on initial review (Filing No. 10 ), and a copy of this Memorandum and O rder to the Marshals Service. The Marshals Service shall serve Defendant Dr. Deol at the office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509. See Federal Rule of Civil Procedure 4(j)(2); Neb. Rev. Stat. § 25-510 .02 (Reissue 2016). The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 90 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 order to complete service of process. The clerk of the court is directed to set the following pro se case management deadline: April 13, 2018: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
|November 9, 2017
ORDER - that Plaintiff's Motion to File Supplemental Pleadings (Filing No. 9 ) is DENIED for the reason that this matter is in the initial-review stage, and Plaintiff has been ordered to file a Supplemental Complaint without attached evi dence. Plaintiff will have the opportunity to file such evidence if this case progresses past the initial-review stage and if either party files a motion for summary judgment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
|August 16, 2017
ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 3 ) is granted. Plaintiff must pay an initial partial filing fee of $1.29 within 30 days, unless the court extends the time in which he has to pay in response to a written mot ion. 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 039;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: September 15, 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 institution; copy emailed to finance) (KLF)
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