Justia Dockets & Filings Eighth Circuit Nebraska District Court Clayborne v. City of lincoln, Lincoln Police Department et al

Clayborne v. City of lincoln, Lincoln Police Department et al

Plaintiff:	Robert Earl Clayborne, Jr.
Defendant:	City of lincoln, Lincoln Police Department, Chad Hein, James, Kounovsky, Messersmith, Parker, Ripley and Sundermeier
Case Number:	8:2017cv00481
Filed:	December 18, 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 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Plaintiff

Available Case Documents

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

Date Filed	Document Text
July 16, 2019	Filing 60 MEMORANDUM AND ORDER - Plaintiff's Motion for Transcripts (filing no. 58 ) is denied. Plaintiff's Motion for Extension (filing no. 59 ) is granted. Plaintiff shall have until September 3, 2019, to pay his initial partial appellate filing fee of $5.28. The clerk's office is directed to set the following pro se case management deadline: September 3, 2019: initial partial appellate filing fee due. (Pro Se Case Management Deadline set for 9/3/2019.) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (CS)
July 1, 2019	Filing 54 MEMORANDUM AND ORDER - that Plaintiff's "Motion for Order of Designation of Record on Appeal" (filing no. 47 ) is granted to the extent consistent with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
May 28, 2019	Filing 44 MEMORANDUM AND ORDER - Defendants' Motion to Dismiss Plaintiff's Amended Complaint (filing no. 30 ) is granted. Plaintiff's Amended Complaint (filing no. 13 ) is dismissed with prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (CS)
May 10, 2019	Filing 43 MEMORANDUM AND ORDER - Plaintiff's Motion to Stay (filing no. 41 ) is denied. The court considers Plaintiff's Offer of Judgment (filing no. 42 ) withdrawn. The clerk of court is directed to terminate the motion event associated with the Offer of Judgment (filing no. 42 ). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
March 8, 2019	Filing 39 MEMORANDUM AND ORDER - Plaintiff's Motion to Withdraw Request for 60 days Extension of Time (filing no. 36 ) is denied as moot. Defendants shall have until March 15, 2019, to file a reply brief. The clerk of the court is directed to set the follow pro se case management deadline using the following text: March 15, 2019: check for Defendants' reply. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LKO)
November 15, 2018	Filing 14 MEMORANDUM AND ORDER - Plaintiff's ADA claims are dismissed without prejudice. The clerk of court shall change the case caption to reflect that Defendants Parker, James, Hein, Ripley, Messersmith, Kounovsky, and Sundermeier are sued in their ind ividual capacities only and to correct the spelling of "individual." Plaintiff's Fourth Amendment claims against Defendants Parker, James, Hein, Ripley, Messersmith, Kounovsky, and Sundermeier in their individual capacities may proceed to service of process. The clerk of court is directed to obtain the last known addresses for Defendants Parker, James, Hein, Ripley, Messersmith, Kounovsky, and Sundermeier from the Marshals Service for service of process on them in their individual capacities. Upon obtaining the necessary addresses, the clerk of court is directed to complete and issue summonses for Defendants Parker, James, Hein, Ripley, Messersmith, Kounovsky, and Sundermeier in their individual capacities at the addresses pr ovided by the Marshals Service. The clerk of court is further directed to deliver the summonses, the necessary USM-285 Forms, the Complaint (filing no. 1 ), the Amended Complaint (filing no. 13 ), a copy of the court's previous memorandum and order on initial review (filing no. 12 ), and a copy of this order to the Marshals Service for service of process on Defendants Parker, James, Hein, Ripley, Messersmith, Kounovsky, and Sundermeier in their individual capacities. Service may be accom plished by using any of the following methods: personal, residence, certified mail, or designated delivery service. See Federal Rule of Civil Procedure 4(e); Neb. Rev. Stat. § 25-508.01 (Reissue 2016). The clerk of court is directed to file unde r seal any document containing the last known addresses for Defendants Parker, James, Hein, Ripley, Messersmith, Kounovsky, and Sundermeier. The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. Fed eral 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 90 days from the date of this order t o complete service of process. The clerk of court is directed to set the following pro se case management deadline: February 13, 2019: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
October 9, 2018	Filing 12 MEMORANDUM AND ORDER - Plaintiff's request for appointment of counsel is denied. Plaintiff shall have until November 8, 2018, to file an amended complaint in accordance with this Memorandum and Order. 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. In the event that Plaintiff files an amended complaint, Plaintiff shall restate the allegations of the current Complaint (Filing No. 1 ) and any new allegations. Failure to consolidate all claims into one document may result in the abandonment of claims. The clerk of the court is directed to set a pro se case management deadline using the following text: November 8, 2018< /b>: check for amended complaint. 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)
February 5, 2018	Filing 8 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: March 7, 2018: check for response to show cause order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
January 3, 2018	Filing 7 MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Robert Earl Clayborne, Jr. shall pay an initial partial filing fee of $5.93 within 30 days, unless an enlargement of time is granted in response to a written motion. Pro Se Case Management Deadline set for 2/2/2018: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: Clayborne v. City of lincoln, Lincoln Police Department et al
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Defendant: City of lincoln, Lincoln Police Department
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Defendant: Chad Hein
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Defendant: James
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Defendant: Kounovsky
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Defendant: Messersmith
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Defendant: Parker
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Defendant: Ripley
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Defendant: Sundermeier
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Plaintiff: Robert Earl Clayborne, Jr.
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