Mixon v. Omaha Police Department Officers et al
| Matthew O. Mixon |
| Douglas County Dept. of Corrections, Medical Department Employees, Douglas County Nebraska, Julie L. Medina, Jacquelyn Morrison and Omaha Police Department Officers |
| 8:2017cv00325 |
| September 6, 2017 |
| 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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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
86
MEMORANDUM AND ORDER - The Motion for Summary Judgment (filing 64 ) filed by Defendant Sandra Vansant is granted. The Motion for Summary Judgment (filing 79 ) filed by Defendant Jacqueline Esch, MD, is granted. Plaintiff's pending motion for status (filing 85 ) is denied as moot. This matter is dismissed with prejudice. The court will enter judgment by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
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Filing
70
MEMORANDUM AND ORDER - Plaintiff's Motion for Status (filing 67 ) is granted. Plaintiff shall have until September 14, 2020, to file a brief in opposition to Defendant Sandra Vansant's summary judgment motion. The clerk of court is directe d to set the following pro se case management deadline: September 14, 2020: check for Plaintiff's brief. The clerk of court is directed to obtain the "undisclosed home address" for Defendant Jacqueline Esch, MD from the Marshal s Service for service of process on her in her individual capacity. The clerk of court is directed to file under seal any document containing the personal address for Defendant Jacqueline Esch, MD. The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk of court is directed to set the following pro se case management deadline: December 2, 2020: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party & USM as directed)(LKO)
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Filing
63
ORDER TO SHOW CAUSE - that Plaintiff shall have until August 21, 2020, to show cause why this case should not be dismissed as to defendant Jacqueline Esch, MD pursuant to Federal Rule of Civil Procedure 4(m) and for want of prosecution. The failure to timely comply with this order may result in dismissal of this action as to Jacqueline Esch, MD without further notice. Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed to pro se party)(LKO)
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Filing
57
MEMORANDUM AND ORDER - Plaintiff is granted leave to proceed in forma pauperis as a non-prisoner. The clerk of the court is directed to update the court's records to reflect Plaintiff is no longer liable for the remaining balance of the filing f ee. Pursuant to General Order No. 2020-01 6, because the court has entered an order directing service of process and no plaintiff in the case is incarcerated, this case is removed from the pro se docket. The Clerk of Court shall randomly assign new judges to this case and request a reassignment order from the Chief Judge. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
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Filing
54
MEMORANDUM AND ORDER - Plaintiff must either file a new request for leave to proceed in forma pauperis or pay the court's $400.00 filing and administrative fees within 30 days. 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 send 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: July 16, 2020: deadline for Plaintiff to file new IFP application or pay filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
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Filing
52
MEMORANDUM AND ORDER - Plaintiff's Motion for Status (filing no. 51 ) is granted. The clerk of the court is directed to add Jacqueline Esch, MD, and Sandra Vansant, in their individual capacities, as Defendants in this matter. The clerk of the court is directed to remove the following Defendants from the case caption: Douglas County Dept. of Corrections, Medical Department Employees; Douglas County Nebraska, all as Defendants; Mark Foxall, Director; Doctor Ash; Correct Care Solutions; and Douglas County Dept. of Corrections, Medical Care. Plaintiff's claims for deliberate indifference to his medical needs under the Eighth and Fourteenth Amendments will proceed to service of process against Defendants Jacqueline Esch, MD, and Sand ra Vansant in their individual capacities. The clerk of court is directed to obtain the last known addresses for Defendants Jacqueline Esch, MD, and Sandra Vansant from the Marshals Service for service of process on them in their individual capacitie s. Upon obtaining the necessary addresses, the clerk of court is directed to complete and issue summonses for Defendants Jacqueline Esch, MD, and Sandra Vansant in their individual capacities at the addresses provided by the Marshals Service. The cle rk of court is further directed to deliver the summonses, the necessary USM-285 Forms, the Second Amended Complaint (filing no. 44 ), a copy of the court's January 2, 2020 Memorandum and Order (filing no. 45 ), and a copy of this Memorandum an d Order to the Marshals Service for service of process on Defendants Jacqueline Esch, MD, and Sandra Vansant in their individual capacities. The clerk of court is directed to set the following pro se case management deadline: July 22, 2020: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party; emailed to USM)(LKO)
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Filing
45
MEMORANDUM AND ORDER - Plaintiff must take reasonable steps to identify the individual DCDC medical employees against whom he wishes to proceed and notify the court of their names, after which the court will initiate service of process. If Plaintiff is unable to ascertain the individual DCDC medical employees names, then he should inform the court of such and identify what steps he took to try and learn their names. Plaintiff will have 30 days from the date of this Memorandum and Order to tak e reasonable steps to identify the individual DCDC medical employees and notify the court of their names or his efforts to ascertain their names, after which the court will initiate service of process. Failure to do so will result in dismissal of his claims without prejudice and without further notice. The clerk of the court is directed to set the following pro se case management deadline: February 3, 2020: check for names of individual defendants. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
42
MEMORANDUM AND ORDER - Douglas County Correctional Center is dismissed from this matter because it is a non-suable entity. Plaintiff shall have 30 days to file a second amended complaint in accordance with this Memorandum and Order. Failure to file a second amended complaint within the time specified by the court will result in the court dismissing this case without further notice to Plaintiff. In his second amended complaint, Plaintiff must identify each defendant by name and set forth all of P laintiff's claims (and any supporting factual allegations) against that defendant. Plaintiff should be mindful to explain in his second amended complaint what each defendant did to him, when the defendant did it, and how the defendant's act ions harmed him. In the event that Plaintiff files a second amended complaint, Plaintiff shall restate the allegations of the Amended Complaint (filing no. 36 ) and any new allegations. Failure to consolidate all claims into one document may result in the abandonment of claims. Plaintiff is warned that a second amended complaint will supersede, not supplement, his prior pleadings. The court reserves the right to conduct further review of Plaintiff's claims pursuant to 28 U.S.C. §§ ; 1915(e) and 1915A in the event he files a second amended complaint. The clerk of the court is directed to set a pro se case management deadline using the following text: June 17, 2019: check for second amended complaint. The clerk of court i s directed to send to Plaintiff a blank civil complaint form for violation of civil rights (prisoner). The clerk's office is directed to remove Defendants Omaha Police Department Officers and Douglas County Correctional Center from this action. The clerk's office is further directed to amend the caption to reflect that "Correct Care Solutions" is named as a Defendant in this matter and to change Defendant Mark Foxall's title so that his name reads "Mark Foxhall, Dir ector." 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 without further notice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
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Filing
35
MEMORANDUM AND ORDER - Plaintiff's claims against the Omaha Police Department Officers, Jacquelyn Morrison, and Julie L. Medina are dismissed without prejudice and without leave to amend. The clerk of the court is directed to remove these Defend ants from this action. Plaintiff's claims identified in his supplemental filing (filing no. 18 ) are dismissed without prejudice and without leave to amend. Plaintiff has until November 29, 2018, to file an amended complaint which states a plausible Eighth Amendment claim against Douglas County and/or the DCDC Medical Department Employees. Failure to file an amended complaint within the time specified by the court will result in the court dismissing this case without further notice to Plaintiff. If Plaintiff chooses to file an amended complaint, the court will conduct further review of Plaintiff's claims pursuant to 28 U.S.C. § 1915(e) and 1915A in the normal course of business. The clerk of the court is directed to s et a pro se case management deadline using the following text: November 29, 2018: check for amended complaint. Plaintiff's Motion for Progression Order and Discovery (filing no. 34 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
27
MEMORANDUM AND ORDER - that Plaintiff will have until May 9, 2018, to pay his initial partial filing fee of $11.40. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: May 9, 2018: initial partial filing fee payment due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
25
MEMORANDUM AND ORDER - Plaintiff will have 30 days to show cause why this case should not be dismissed for failure to pay the initial partial filing fee. In the absence of cause shown, this case will be dismissed 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: April 5, 2018: check for response to show cause order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
21
MEMORANDUM AND ORDER - Plaintiff's Motion for Extension of Time (Filing No. 20 ) is granted. Plaintiff must pay an initial partial filing fee of $11.40 within 30 days. Absent exceptional circumstances, no extensions of time will be granted . 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 t he 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: March 2, 2018: initial p artial 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 s ummary 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)
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Filing
19
MEMORANDUM AND ORDER - Plaintiff will have 30 days to show cause why this case should not be dismissed for failure to pay the initial partial filing fee. In the absence of cause shown, this case will be dismissed 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: February 9, 2018: check for response to show cause order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
17
MEMORANDUM AND ORDER - Plaintiff's Motion for an Extension of Time (Filing No. 16 ) is granted. Plaintiff shall have until January 8, 2018 to pay the initial partial filing fee. The clerk's office is directed to set a pro se case management deadline using the following text: January 8, 2018: initial partial filing fee due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
14
MEMORANDUM AND ORDER- Plaintiff will have 30 days to show cause why this case should not be dismissed for failure to pay the initial partial filing fee. In the absence of cause shown, this case will be dismissed without prejudice and without further notice. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 1/8/2018: check for response to show cause order) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)
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