Sailors v. US Marshals Service Dept. et al
| Thomas D. Sailors |
| Maxwell Hubka, Cole Jennings, Paul Keyes, Lancaster County Police Dept. and US Marshals Service Dept. |
| 8:2018cv00189 |
| April 27, 2018 |
| 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 |
| None |
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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
127
AMENDED ORDER: Pursuant to 28 U.S.C. 1915 (b)(1-2), the prisoner is responsible for paying twenty percent of either the average monthly deposits in the prisoner's account; or the average monthly balance in the prisoner's account for th e 6-month period immediately preceding the filing of the complaint, whichever is greater. The total fee due and owing is $505.00. Therefore, since the plaintiff's monthly balance is greater than his average monthly deposits, plaintiff is ordered to pay $14.77, due immediately to the Clerk of the Court, as partial filing fee. Furthermore, payments equal to twenty percent of the plaintiff's monthly income are due monthly, the Nebraska Department of Correctional Services shall forward the collected amount once it exceeds $10 until the filing fees are paid.Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party and institution)(ADB)
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Filing
126
ORDER - Pursuant to 28 U.S.C. 1915 (b)(1-2), the prisoner is responsible for paying twenty percent of either the average monthly deposits in the prisoner's account; or the average monthly balance in the prisoner's account for the 6- mont h period immediately preceding the filing of the complaint, whichever is greater. Therefore, since the defendants monthly balance is greater than his average monthly deposits, defendant is ordered to pay $14.77, due immediately to the Clerk o f the Court, as partial filing fee. Furthermore, payments equal to twenty percent of the defendant's monthly income are due monthly, the BOP shall forward the collected amount once it exceeds $10 until the filing fees are paid. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
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Filing
120
ORDER granting the defendant's 119 Motion for Leave to Appeal in forma pauperis. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (MKR)
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Filing
105
MEMORANDUM AND ORDER - The plaintiff's motions to strike (Filing Nos. 87 , 88 , and 96 ) are denied as moot. The defendant's motion for summary judgment (Filing No. 79 ) is granted. This action is dismissed. A judgment of dismissal will issue. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
100
ORDER - The plaintiff's motion to dismiss defendants Maxwell Hubka and Cole Jennings (Filing No. 99 ) is granted. The plaintiff's claims against defendants Maxwell Hubka and Cole Jennings are dismissed without prejudice. Defendants Maxw ell Hubka and Cole Jennings have seven days from the date of this order to object to a dismissal without prejudice. Absent objection by defendants Maxwell Hubka and Cole Jennings, the pending motions directed at these defendants (Filing No. 74 , 89 , and 90 ) are denied as moot. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
53
ORDER - This case is stayed through October 1, 2019. On or before that date the parties shall notify the Court of the status of this case. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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Filing
47
ORDER - that the parties shall have until June 21, 2019, to show cause why Sailors v. Keyes et al, 8:18CV189 (D. Neb. 2018) and Sailors v. U.S. Marshals Services et al, 8:19CV01 (D. Neb. 2019) should not be consolidated for all purposes. Ordered by Magistrate Judge Michael D. Nelson. (KLF)
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Filing
22
ORDER - This matter is before the court on the court's own motion pursuant to 28 U.S.C. § 455(a), which states: "Any... judge... of the United States shall disqualify [her]self in any proceeding in which [her] impartiality might rea sonably be questioned." Upon review of the complaint in the above-designated case, the undersigned judge shall, and hereby does, recuse herself from the above-designated case pursuant to 28 U.S.C. § 455(a). The clerk shall refer the file to the Chief Judge for reassignment to a different magistrate judge. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
18
MEMORANDUM AND ORDER - Pursuant to the Plaintiff's requests for summons (Filing Nos. 15 , 16 , 17 ) and using the addresses contained therein, the United States Marshal shall serve all process in this case without prepayment of fees from Plai ntiff. Because the Plaintiff is now represented by counsel, and pursuant to this court's prior Memorandum and Order (Filing No. 8 at CM/ECF p. 11), this case is removed from the pro se docket. The Clerk of the Court shall randomly assign new judges to this case and shall request a reassignment order from the Chief Judge. Ordered by Senior Judge Richard G. Kopf. (KLF)
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Filing
8
MEMORANDUM AND ORDER - Defendant "Maxwell Hubka, Lancaster Police Ofc. #1655" shall be changed to "Maxwell Hubka, City of Lincoln Police Ofc. #1655". Defendant "Cole Jennings, Lancaster Police Ofc. #1650" shall be change d to "Cole Jennings, City of Lincoln Police Ofc. #1650". The caption shall reflect that Defendants Keyes, Hubka, and Jennings are sued in their individual and official capacities. Defendant Lancaster County Police Department is dismissed fr om this case without prejudice because it is a non-suable entity. Defendant U.S. Marshal's Services Department is dismissed from this action without prejudice because Bivens actions are not allowed against agencies of the federal governme nt. By October 12, 2018, and pursuant to the directions appearing in paragraph (2) immediately above, Plaintiff shall file an amended complaint. Failure to file an amended complaint within the time specified by the court will result in the court dism issing this case without further notice to Plaintiff. With thanks for accepting the appointment, Mr. Vince Powers and the law firm of Powers Law are hereby appointed to represent Plaintiff Thomas D. Sailors in this matter. Mr. Powers and/or any other counsel from the law firm of Powers Law are directed to promptly enter their appearance as counsel in this case. At the direction of the court, this case will remain on the pro se docket for purposes of initial review of Plaintiff's amended com plaint. Following such review, the court will issue an order that this case be removed from the pro se docket and reassigned to another judge according to the normal operating procedures of the court in such cases. Counsel for Plaintiff is initially appointed (1) to assist Plaintiff with the party-substitution issue regarding Defendant Paul Keyes, now deceased, and (2) to prepare and file an amended complaint consistent with this Memorandum and Order. Should this case eventually proceed to tria l, counsel is obligated to continue to represent Plaintiff. The appointment will not extend to any appeal after trial. The Clerk of Court is directed to set a pro se case management deadline using the following text - October 12, 2018: amended complaint due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to Plaintiff; e-mailed to Finance) (KLF)
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Filing
7
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 $6.03 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 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 t his case using the following text: June 7, 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 initia l 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. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(TCL)
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