Webb v. State of Nebraska et al
| Yohan Webb |
| State of Nebraska, City of Lincoln, Pete Ricketts, Jeff Bliemiester, Lancaster County, Leiron Gaylor Baird and Lincoln Police Dept. |
| 8:2019cv00416 |
| September 19, 2019 |
| US District Court for the District of Nebraska |
| Pro Se Docket |
| Richard G Kopf |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 35
MEMORANDUM AND ORDER that the State of Nebraska and Pete Ricketts, in his official capacity as Governor of the State of Nebraska, are dismissed from this action based on Eleventh Amendment immunity. The Lincoln Police Department is dismissed from this action as a non-suable entity. Plaintiff shall have 30 days from today's date in which 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 his amended complaint, Plaintiff must identify each defendant by name and set forth all of Plaintiff's claims (and any supporting factual allegations) against that defendant. Plaintiff should be mindful to explain in his amended complaint what each defendant did to him, when the defendant did it, and how the defendant's actions harmed him. If Plaintiff files an amended complaint, Plaintiff shall restate the allegations of the Complaint (Filing #1 ) and any new allegations. Failure to consolidate all claims into one document may result in the abandonment of claims. Plaintiff is warned that an 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 an amended complaint. The clerk of the court is directed to set a pro se case management deadline using the following text: December 2, 2019: check for amended complaint. The clerk of court is directed to send to Plaintiff a blank civil complaint form for violation of civil rights (prisoner). The clerk of the court is directed to modify the docket sheet to terminate Defendants State of Nebraska, Pete Ricketts in his official capacity only, and the Lincoln Police Department as parties to this action. 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. The following thirteen motions are denied in their entirety: Filing #4 Motion to Appoint Counsel (filed 09/19/2019); Filing #5 Motion for Declaratory Judgment (filed 09/19/2019); Filing #6 Motion for Service (filed 09/19/2019); Filing #10 Motion for Copies (filed 09/20/2019); Filing #13 Motion for Leave to Amend (filed 09/27/2019); Filing #16 Motion for Copies (filed 10/04/2019); Filing #22 Motion for Order to Investigate (filed 10/15/2019); Filing #24 Motion for Copies (filed 10/15/2019); Filing #26 Motion for Copies (filed 10/17/2019); Filing #27 Motion for Payment of Filing Fee (filed 10/17/2019); Filing #29 Motion to Appoint Counsel (filed 10/24/2019); Filing #33 Motion for Waiver of Postage (filed 10/25/2019); and Filing #34 Motion for Return of Original Documents (filed 10/31/2019). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (LAC)
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| Filing 34 MOTION to Return Pleadings on behalf of Plaintiff Yohan Webb. (LAC) |
| Filing 33 MOTION to Waive Return Postage Fee on behalf of Plaintiff Yohan Webb.(LAC) |
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Filing 32
ORDER that the Plaintiff's motion for a temporary restraining order (Filing #21 ) is denied without prejudice. Plaintiff's motion for an emergency injunction (Filing #28 ) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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| Filing 31 AFFIDAVIT regarding Notice of Health Hazard #30 on behalf of Plaintiff Yohan Webb. (LAC) |
| Filing 30 NOTICE of Health Hazard on behalf of Plaintiff Yohan Webb. (LAC) |
| Filing 29 MOTION to Appoint Counsel on behalf of Plaintiff Yohan Webb. (LAC) |
| Filing 28 MOTION for Emergency Injunction on behalf of Plaintiff Yohan Webb.(LAC) |
| Filing 27 MOTION for Court Order regarding filing fee on behalf of Plaintiff Yohan Webb.(LAC) |
| Filing 26 MOTION for Copies on behalf of Plaintiff Yohan Webb. (LAC) |
| Filing 25 SUPPLEMENT on behalf of Plaintiff Yohan Webb. (LAC) |
| Filing 24 MOTION for Copies on behalf of Plaintiff Yohan Webb.(LAC) |
| Filing 23 AFFIDAVIT of Yohan Webb on behalf of Plaintiff Yohan Webb. (LAC) |
| Filing 22 MOTION for Order on behalf of Plaintiff Yohan Webb. (LAC) |
| Filing 21 MOTION for Temporary Restraining Order on behalf of Plaintiff Yohan Webb.(LAC) |
| TEXT ENTRY THAT PARTIAL FILING fee paid on behalf of Yohan Webb on 10/15/2019. Receipt number 8053720, in the amount of $ 4.00. (TCL) |
| Filing 20 CORRESPONDENCE on behalf of Plaintiff Yohan Webb. (LKO) |
| Filing 19 CORRESPONDENCE on behalf of Plaintiff Yohan Webb. (LKO) |
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Filing 18
ORDER that the Plaintiff's Motion for Leave to Proceed IFP (Filing No. #2 ), is granted. The filing fee shall be collected and remitted, as funds exist, in the manner set forth in 28 U.S.C. 1915(b)(2). Until the full filing fee of $350.00 is paid, the prisoner shall be obligated to pay, and the agency having custody of the prisoner shall forwardto the clerk of the court, 20 percent of the preceding month's income in such months as the account exceeds $10.00. The clerk of the court shall serve a copy of this order on the appropriatefinancial officer for Plaintiffs current institution. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC)
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| Filing 17 LETTER and Clerk's response on behalf of Plaintiff Yohan Webb. (LAC) |
| Filing 16 MOTION for Copies on behalf of Plaintiff Yohan Webb. (LAC) |
| Filing 15 LETTER requesting forms and copies with Clerk's Office response on behalf of Plaintiff Yohan Webb. (ADB) |
| Filing 13 MOTION for Leave to Amend on behalf of Plaintiff Yohan Webb. (LAC) |
| Filing 12 LETTER on behalf of Plaintiff Yohan Webb.(LAC) |
| Filing 14 LETTER and Clerk's Response on behalf of Plaintiff Yohan Webb.(LAC) |
| Filing 11 PRISONER ACCOUNT CERTIFICATE by Plaintiff Yohan Webb. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (LAC) |
| Filing 10 MOTION for Copies on behalf of Plaintiff Yohan Webb. (LKO) |
| Filing 9 LETTER by Clerk requesting plaintiff's trust account statement from institution. Letter sent to Angie Koziol at Lancaster County Corrections. (LKO) |
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Filing 8
GENERAL ORDER NO. 2016-02: This general order provides for the management and assignment of cases filed by a plaintiff or petitioner without counsel. This general order also includes the definition of the pro se docket, responsibilities of the pro se law clerks and scheduling and discovery requirements in pro se cases. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party)(LKO)
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| Filing 7 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) |
| Filing 6 MOTION for Service on behalf of Plaintiff Yohan Webb. (LKO) |
| Filing 5 MOTION Requesting (Declatory Judgment(s)) on behalf of Plaintiff Yohan Webb. (LKO) |
| Filing 4 MOTION to Appoint Counsel on behalf of Plaintiff Yohan Webb. (LKO) |
| Filing 3 DEMAND for Trial by Jury on behalf of Plaintiff Yohan Webb. (LKO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis on behalf of Plaintiff Yohan Webb. (LKO) |
| Filing 1 COMPLAINT against Jeff Bliemiester, City of Lincoln, Leiron Gaylor Baird, Lancaster County, Lincoln Police Dept., Pete Ricketts, and State of Nebraska filed on behalf of pro se plaintiff Yohan Webb. (LKO) |
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