Landers v. Nebraska Department of Corrections et al

Plaintiff: Dylan Eric Landers
Defendant: Scott Frakes, Members of the Central Office Multi-Disciplinary Review Team, Nebraska Department of Corrections and Diane Sabatka-Rine
Case Number: 8:2017cv00371
Filed: October 6, 2017
Court: Nebraska District Court
Office: 8 Omaha Office
Referring 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
September 14, 2018 59 Opinion or Order of the Court ORDER - The deadline for filing dispositive motions is extended to November 8, 2018. All dispositive motions shall be filed on or before that date. The clerk's office is directed to set the following pro se case management deadline: November 8, 2018: Check for dispositive motion(s). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
August 21, 2018 56 Opinion or Order of the Court MEMORANDUM AND ORDER - that Defendants' Motion to Amend Answer (filing no. 55 ) is granted. Defendants must file a signed amended answer by August 28, 2018. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
July 26, 2018 52 Opinion or Order of the Court MEMORANDUM AND ORDER - Defendants' "Motion to Stay Discovery" (Filing No. 50 ) is granted. Discovery is stayed until further order of the court. This means that Defendants are not required to respond to any outstanding discovery reque sts, and Plaintiff is not authorized to serve any additional discovery requests, unless and until the court enters an order lifting the stay. Plaintiff is not prohibited from filing a properly supported motion to obtain court approval to conduct limited discovery regarding issues raised by Defendants once they file their anticipated summary judgment motion. See Federal Rule of Civil Procedure 56(d). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
June 19, 2018 47 Opinion or Order of the Court ORDER granting Plaintiff's 46 Motion for Extension of Time. All interrogatories, requests for admission and requests for production or inspection, whether or not they are intended to be used at trial, shall be served on or before July 18, 2018. All other deadlines in the court's Order Setting Schedule for Progression of Case (filing no. 40 ) remain the same. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(CS)
June 1, 2018 45 Opinion or Order of the Court MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (filing no. 44 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
May 24, 2018 43 Opinion or Order of the Court ORDER - that Plaintiff's Motion for Initial Progression of Case (filing no. 42 ) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
April 17, 2018 35 Opinion or Order of the Court MEMORANDUM AND ORDER - Plaintiff's Motion to Amend Complaint (filing no. 28 ) is granted. The Complaint (filing no. 1 ) and Motion to Amend (filing no. 28 ) will be considered together and treated as an amended complaint. The clerk of the cou rt is directed to add the following text to the docket text for filing no. 28 : Supplement to Complaint. Defendants shall have until May 4, 2018, to file an answer to the amended complaint (filing no. 1 ; filing no. 28 ). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
March 20, 2018 24 Opinion or Order of the Court MEMORANDUM AND ORDER - Plaintiff's Motion to Compel (Filing No. 18 ) is denied as moot and without prejudice to reassertion should Plaintiff become aware of additional members of the Review Team who have not been identified. Plaintiff's Du e Process, Eighth Amendment, and state law claims will proceed to service of process against the following Review Team members in their official and individual capacities: J. Beaty, Research Representative; C. Connelly, Intelligence Representative; M . Rothwell, Classification Representative; S. Bryant, PsyD, Mental Health Representative. For service of process on Defendants J. Beaty, C. Connelly, M. Rothwell, and S. Bryant in their official capacities, the clerk of the court is directed to compl ete 4 summons forms and 4 USM-285 forms for Defendants Beaty, Connelly, Rothwell, and Bryant using the address "Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509," and forward them together with a copy of the Co mplaint (Filing No. 1 ) and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendants Beaty, Connelly, Rothwell, and Bryant in their official capacities at the office of the Nebraska Attorney General, 2 115 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. The clerk of the court is directed to add the individuals named in Paragraph 2 as defendants in this matter. The clerk of the court is further directed to terminate "Members of the Central Office Multi-Disciplinary Review Team" as a defendant. The cler k of the court is directed to set the following pro se case management deadline: June 19, 2018: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(Copy provided to USM with 4 completed summons and 4 USM-285) (LKO)
February 27, 2018 16 Opinion or Order of the Court MEMORANDUM AND ORDER - Landers' claims for declaratory relief for alleged past violations of federal law against Defendants in their official capacities are dismissed as barred by the Eleventh Amendment. Defendant Nebraska Department of Correcti onal Services is dismissed from this action. This action may proceed to service of process as to Landers' Due Process, Eighth Amendment, and state law claims against defendants Scott Frakes and Diane Sabatka-Rine in their official and individual capacities, in addition to those as-yet unspecified members of the Central Office Multi-Disciplinary Review Team also in their official and individual capacities. Plaintiff is granted, on the court's own motion, an extension of time until 90 d ays from the date of this order to complete service of process. For service of process on Defendants Scott Frakes and Diane Sabatka-Rine in their official capacities, the clerk of the court is directed to complete summons forms and USM-285 forms for Defendant Scott Frakes and Defendant Diane Sabatka-Rine using the address Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509, and forward them together with a copy of the Complaint and a copy of this Memorandum and Order t o the Marshals Service. For service of process on Defendant Scott Frakes in his individual capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Frakes using the address Nebraska Department of Corre ctional Services, 801 West Prospector Place, Lincoln, NE 68522, and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. For service of process on Defendant Diane Sabatka-Rine in her indi vidual capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Sabatka-Rine using the address Nebraska Department of Correctional Services, 801 West Prospector Place, Lincoln, NE 68522, and forward the m together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. 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 s et the following pro se case management deadline: May 29, 2018: check for completion of service of process.Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party; Copy to USM as directed with summons and 285 forms with copy of complaint)(CS)
October 11, 2017 6 Opinion or Order of the Court MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Dylan Eric Landers shall pay an initial partial filing fee of $91.41 within 30 days, unless an enlargement of time is granted 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'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: November 14, 2017: initial partial filing fee payment due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (copy mailed to institution as directed) (ADB)

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Search for this case: Landers v. Nebraska Department of Corrections et al
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Defendant: Scott Frakes
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Defendant: Members of the Central Office Multi-Disciplinary Review Team
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Defendant: Nebraska Department of Corrections
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Defendant: Diane Sabatka-Rine
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Plaintiff: Dylan Eric Landers
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