Bastian v. The Unted States of America
Plaintiff: Casey J. Bastian
Defendant: The Unted States of America
Case Number: 8:2017cv00309
Filed: August 21, 2017
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 5, 2019 Opinion or Order Filing 60 MEMORANDUM AND ORDER - Defendants' Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) (Filing No. 47 ) is granted, and this matter is dismissed with prejudice. Plaintiff's Motion (Filing No. 46 ) for Status; Expedited Discovery or Sub poena Request; Notice of Proffered Settlement is denied as moot. Plaintiff's Opposition Motion to Defense Motion to Stay and Motion to Strike (Filing No. 56 ) is denied. Plaintiff's Opposition to Defense Motion to Dismiss or Summary Judgment (Filing No. 58 ) is denied. Judgment dismissing this action with prejudice pursuant to Fed. R. Civ. P. 12(b)(6) shall be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
December 4, 2018 Opinion or Order Filing 55 ORDER - Plaintiff's unopposed Motion for Extension of Time (Filing No. 53 ) in which to respond to Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (Filing No. 47 ) is GRANTED. Plaintiff's brief in re sponse to Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (Filing No. 47 ) shall be filed on or before February 1, 2019. Defendants may file a reply brief within seven (7) days after Plaintiff files and serves an opposing brief. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
September 20, 2018 Opinion or Order Filing 40 MEMORANDUM AND ORDER - All Defendants are granted until November 23, 2018, in which to answer or otherwise plead in response to Plaintiff's First Amended Complaint. The Clerk of Court shall transmit a copy of this order to the U.S. Marshal' s Office in Lincoln, Nebraska. The Clerk of Court shall create a pro se deadline of November 23, 2018, by which all served Defendants must answer or otherwise plead in response to Plaintiff's First Amended Complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party; e-mailed to Lincoln USM) (KLF)
July 9, 2018 Opinion or Order Filing 23 MEMORANDUM AND ORDER - Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Filing No. 22 ) is denied without prejudice. Plaintiffs Bivens claims may proceed to service of process as to Defendants Thomas Metz, M ichael R. Kitzmiller, Kristi Johnson, Thomas Reinwart, and Eric S. Grunder; Plaintiff's Federal Tort Claims Act claim may proceed to service of process as to Defendant United States of America; and Plaintiff's claims under the Administrativ e Procedure Act may proceed to service of process as to Defendants United States of America; Attorney General of the United States; Federal Bureau of Investigation in D.C.; Federal Bureau of Investigation in Omaha, Nebraska; United States Attorney in Sioux City, Iowa; the Office of Professional Responsibility; and Defendants Thomas Metz, Michael R. Kitzmiller, Kristi Johnson, Thomas Reinwart, and Eric S. Grunder in their official capacities. The United States Marshal shall serve all process in t his 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 the Defendants. The Clerk of the Court is directed to set the following pro se case management deadline: November 9, 2018: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
June 5, 2018 Opinion or Order Filing 20 ORDER - Plaintiff's Second Motion for Time to Amend (Filing No. 18 ) is GRANTED. Plaintiff shall file an amended complaint on or before June 21, 2018. The Clerk of Court shall set the following pro se case management deadline: June 21, 2018 - a mended complaint due. No further extensions of time shall be granted. If Plaintiff fails to file an amended complaint within the deadline set forth by this order, this case shall be dismissed without further notice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
February 27, 2018 Opinion or Order Filing 17 ORDER - Plaintiff's Motion for Time to Amend (Filing No. 16 ) is GRANTED. Plaintiff shall file an amended complaint on or before May 31, 2018. The Clerk of Court shall set the following pro se case management deadline: May 31, 2018 - amended complaint due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
January 29, 2018 Opinion or Order Filing 15 MEMORANDUM AND ORDER - Plaintiff must file an amended complaint within 30 days to establish that venue is proper in the District of Nebraska. Plaintiff's failure to file an amended complaint in accordance with this Memorandum and Order will res ult in the court dismissing this case without further notice to Plaintiff. The clerk of the court is directed to set the following pro se case management deadline: March 2, 2018 amended complaint establishing proper venue due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
November 29, 2017 Opinion or Order Filing 11 ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 5 ) is granted. Plaintiff must pay an initial partial filing fee of $15.64 within 30 days, unless the court extends the time in which he has to pay in response to a written mo tion. 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: December 29, 2017: i nitial 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 w hether 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; e-mailed to Finance) (KLF)
August 23, 2017 Opinion or Order Filing 4 ORDER - Plaintiff is directed to submit the $400.00 fees to the clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without further notice. Th e clerk of the court is directed to send to Plaintiff the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: September 22, 2017: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party along with AO240 form) (KLF)
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Plaintiff: Casey J. Bastian
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