Mack v. Ricketts et al
| Nathanial Gerald Serrell Mack |
| Dr. Stephanie Bruhn, Wayne Chandlier, Rosalyn Cotton, Richard Cruickshank, Jane Doe I, Scott Frakes, David Hardgraves, David Heinamen, Robert P. Houston, Jason Hurt, Heather Jackson, Tammy Jackson, Michel Kenney, Robert Madson, Dr. Jeff Melvin, Tom Pfeifer, Mario Purt, Rex Richards, Pete Ricketts, Paul Rodriqiez, Michael Rothwell, Diane Sabatka-Rine and Jeramy Simonsen |
| 8:2017cv00495 |
| December 29, 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
41
MEMORANDUM AND ORDER - Plaintiff's institution shall deduct the initial partial filing fee of $0.09 from Plaintiff's institutional account and remit payment to the clerk of the court. In the event that Plaintiff lacks sufficient fund s, Plaintiff's institution shall collect the whole of the appellate filing fees pursuant to the installment payment provisions of 28 U.S.C. § 1915(b)(2). Until the full filing fee of $505.00 is paid, Plaintiff shall be obligated to pay, and Plaintiff's institution shall forward to the clerk of the court, 20 percent of the preceding month's income in such months as the account exceeds $10.00. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party & plaintiff's institution)(LKO)
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Filing
35
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed in Forma Pauperis on Appeal (filing no. 31 ) is granted. Plaintiff shall pay an initial partial filing fee of $0.09 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 shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (MKR)
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Filing
28
MEMORANDUM AND ORDER - This matter is dismissed without prejudice for failure to state a claim upon which relief may be granted. The court will enter judgment by separate document. Plaintiff's pending Motion for Appointment of Counsel (filing no. 26 ) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
27
MEMORANDUM AND ORDER - The courts Memorandum and Order (filing no. 23 ) and Judgment (filing no. 24 ) dated February 1, 2019, are vacated. The clerk of the court is directed to reinstate this case on the courts pro se docket. The clerk of the court is directed to amend the case caption to include only the four defendants listed in the Amended Complaint (see filing no. 25 at CM/ECF pp. 23) as Defendants in this action. The clerk shall remove all other Defendants not listed in the Amended Comp laint from the caption. Plaintiff is advised that the next step in his case is for the court to conduct an initial review of Plaintiffs claims in his Amended Complaint 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) (LKO)
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Filing
23
MEMORANDUM AND ORDER - This matter is dismissed without prejudice because Plaintiff failed to prosecute it diligently and failed to comply with this court's orders. The court will enter judgment by a separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
21
MEMORANDUM AND ORDER - Plaintiff's motion for an extension of time to file an amended complaint (filing no. 20 ) is granted. Plaintiff shall have until January 24, 2019, to file an amended complaint in accordance with the court's Se ptember 26, 2018 Memorandum and Order. No other extensions shall be granted. The clerk of the court is directed to set a pro se case management deadline using the following text: January 24, 2019: check for amended complaint. The clerk of the court is directed to remove the following Defendants from this action pursuant to the court's September 26, 2018 Memorandum and Order (filing no. 19 ): Pete Ricketts, David Heinamen, Scott Frakes, Michel Kenney, Robert P. Houston, Michae l Rothwell, Diane Sabatka-Rine, Rosalyn Cotton, Rex Richards, Mario Purt, Robert Madson, Richard Cruickshank, Jason Hurt, David Hardgraves, Wayne Chandlier, and Tom Pfeifer. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
19
MEMORANDUM AND ORDER - Plaintiff's Motion for Appointment of Counsel (filing no. 3 ), Motion for Summons (filing no. 4 ), Motion to Amend Complaint (filing no. 15 ), and Motion for Preliminary Injunction and Temporary Restraining Order (filin g no. 16 ) are denied. Plaintiff has until October 26, 2018, to file an amended complaint which states a plausible equal protection claim against Defendants Dr. Melvin, Dr. Bruhn, T. Jackson, Rodriqiez, Simonsen, Jackson (MHPII), and Doe (MHP II). 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 revi ew of Plaintiff's claims pursuant to 28 U.S.C. § 1915(e) and 1915A in the normal course of business. All other remaining claims are dismissed without prejudice and without leave to amend. Plaintiff may not allege any additional claims in th is action. The clerk of the court is directed to set a pro se case management deadline using the following text: October 26, 2018: check for amended complaint. The clerk of the court is directed to send to Plaintiff a blank civil complaint form. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with blank complaint) (LKO)
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Filing
11
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 2, 2018: check for response to show cause order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
9
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. Plaintiff must pay an initial partial filing fee of $0.02 within 30 days, unless the court extends the time in which he has to pay 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 clerks 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: February 22, 2018: 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 and will address Plaintiff's motions to appoint counsel and for summons at that time. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party as directed)(TCL)
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