Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

03-3124 - Taylor v. Edelman et al


Download Files

Metadata

Document in Context
03-3124 - Taylor v. Edelman et al
June 14, 2005
PDF | More
AMENDMENT TO PROGRESSION ORDER regarding Order Setting Schedule for Progression of a Civil Case, 74. By no later than July 15, 2005, the plaintiff shall be taken to a facility operated by the Nebraska Department of Correctional Services ("DCS") or, if DCS officials prefer, to the offices of thedefendants' counsel, the Nebraska Attorney General, to view the videotape of the incident. An extension of the dispositive motions deadline established in the court's progression order would be appropriate. Therefore, the deadline by which the parties may file motions for summary judgment is hereby extended until August 30, 2005. Signed by Magistrate Judge F. A. Gossett on 6/14/2005. (JAR)
September 26, 2005
PDF | More
ORDER (NOTICE OF HEARING) that this case is set for hearing before the undersigned magistrate judge in the United States District Court, Courtroom 6, Second Floor, Roman L. Hruska U.S. Courthouse, Omaha, Nebraska, on Friday, September 30, 2005, at 10:00 A.M., and, in accordance with the usual practice and understanding, the officials of the Nebraska Department of Corrections are requested to produce the concerned inmate for said hearing. Signed by Magistrate Judge F. A. Gossett on 9/26/2005. (Copy to USM and Kevin Wilken, Tecumseh State Prison)(CS, )
October 3, 2005
PDF | More
MEMORANDUM AND ORDER that the defendants are to produce on the first day of trial and each day thereafter, until further order by Judge Kopf, a "come-along chain" and "leg restraints," similar to those worn by the plaintiff at the time of the incident which is the subject of this case. Defendants' counsel shall inquire of Judge Kopf's courtroom deputy on the first day of trial where the objects may be stored during the trial. Witnesses Of the plaintiff's witnesses listed in the Pretrial Order, the Clerk of Court, through the courtroom deputy for Judge Kopf, shall arrange for the appearance of the three prisoner witnesses, as well as the plaintiff, at the trial. At the pretrial conference, counsel for the defendants informed the court that, of the twelve correctional employees listed as witnesses by the plaintiff, nine will appear voluntarily at trial without trial subpoenas. Those nine persons remain employed by DCS. However, DCS no longer employs the following three listed witnesses: Bruce Trautwein, previously a maintenance worker at the Nebraska State Penitentiary ("NSP"); J. D. Hassenfelt, previously a nurse at the NSP; and Harold W.Clarke, previously the Director of DCS. The court can issue trial subpoenas at the plaintiff's request for the three witnesses who are no longer employed by DCS. When subpoenas ad testificandum are issued by the court on behalf of a plaintiff who is proceeding in forma pauperis ("IFP"), the subpoenas are served by the U.S. Marshal at the expense of the United States. See 28 U.S.C. 1915(d): "The officers of the court shall issue and serve all process, and perform all duties in such cases. Witnesses shall attend as in other cases, and the same remedies shall be available as are provided for by law in other cases."However, as to witnesses who are not prisoners, parties or witnesses listed by the defendants, witness fees are $40 per day. See 28 U.S.C. 1821(b). Such witnesses must also be paid their actual travel expenses. 28 U.S.C. 1821(c). Unlike the cost of serving a subpoena, the plaintiff must pay the witness and mileage fees himself, and those costs must be tendered to the witness with the subpoena. In a civil rights case, neither the United States nor the U.S. Marshal bears the cost of witness fees and expenses even when the plaintiff is proceeding IFP. United States Marshals Service v. Means, 741 F.2d 1053, 1057 (8th Cir. 1984) (en banc). The defendants have provided the plaintiff with the last known address of each of the three witnesses for whom a subpoena will have to be issued. Therefore, the plaintiff is requested to notify the court as soon as possible, but no later than October 17, 2005, if he intends to subpoena any of the three witnesses. If so, the court will arrange with the plaintiff's institution for advance payment by the plaintiff of the witness fees. Signed by Magistrate Judge F. A. Gossett on 10/3/2005. (CS, )
October 4, 2005
PDF | More
ORDER. It is ordered that: (1) Counsel for the defendants shall confer with the plaintiff. After that, counsel for the defendant shall: A. arrange for the transportation and the presence of the defendant and inmate-witnesses at trial, and provide security for the defendant and other inmates while at the courthouse; B. confer with the United States Marshals Service to make certain that all security arrangements are acceptable to the United States Marshals Service; C. arrange for the presence of non-inmate witnesses at trial who are employed by the State of Nebraska; D. prepare and file such duly executed stipulations and agreements as will provide for the orderly and expeditious trial of this case. (2) The plaintiff is directed to cooperate with counsel for the defendants in seeing to the orderly and expeditious trial of this case.(3) Counsel for the defendants shall arrange a telephone conference with the undersigned, counsel for the defendants and the pro se plaintiff on Friday, October 28, 2005, at 3:30 PM to discuss whether the case will be tried during the following week and to resolve any last-minute problems. Counsel for the defendant is directed to contact the judicial assistant for the undersigned, Kristin Leininger, at 402.437.5252, to insure that proper arrangements have been made for this telephone conference. (4) A copy of this memorandum and order shall, of course, be provided to the pro se plaintiff and counsel for the defendants. A copy shall also be provided to the United States Marshals Service. Signed by Judge Richard G. Kopf on 10/4/2005. (KLL, )
October 24, 2005
PDF | More
MEMORANDUM AND ORDER that in filing no. 82, the plaintiff names three witnesses for whom he requests trial subpoenas. However, he also states that he lacks the funds to pay the witness fees and travel costs. Of those three persons, the plaintiff correctly points out that one, Harold W. Clarke, is a party to this case who has been served with process (filing no. 25) and who has answered the complaint (filing no. 44). Therefore, as a named defendant, Mr. Clarke is not a witness, but a party. There has never been a motion by Mr. Clarke to be dismissed from this action, and thus, he must appear at trial. Counsel for the defendants shall ensure that Mr. Clarke is aware of his obligation to attend the trial. As for Mr. Trautwein and Ms. Hassenfelt, even if the plaintiff cannot pay the expenses of compelling their appearance at trial, he is free to contact those persons to request their presence at trial. Under no circumstances may the plaintiff represent that the court requires their attendance, however. Absent the plaintiff's payment of the witness fees and travel costs, the court will not issue subpoenas to compel the presence of thosepersons at the trial of this matter. Signed by Judge Richard G. Kopf on 10/24/2005. (CS, )
October 28, 2005
PDF | More
ORDER. It is ordered that this matter is referred to Magistrate Judge Gossett for rescheduling. I also request that Judge Gossett correspond in writing with the parties about the possibility of consenting to proceed before a magistrate judge. Given my heavy trial schedule, it is quite unlikely that I will be able to try this case in a timely manner. If the parties do not wish to consent to a trial before a magistrate judge, I will do my best but I cannot promise them a speedy disposition. ***Termed 10/31/2005 trial date. Signed by Judge Richard G. Kopf on 10/28/2005. (KLL, )
November 21, 2005
PDF | More
ORDER that a nonjury trial of this case will begin on Monday, January 23, 2006, at 9:00 a.m. before the Honorable Richard G. Kopf, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska, subject to the prior disposition or continuance of any criminal cases set for trial that week. Signed by Magistrate Judge F. A. Gossett on 11/21/2005. (CS, )
January 13, 2006
PDF | More
ORDER. It is ordered that: (1) Counsel for the defendants shall confer with the plaintiff. After that, counsel for the defendant shall: (A) arrange for the transportation and the presence of the defendant and inmate-witnesses at trial, and provide security for the defendant and other inmates while at the courthouse; (B) confer with the United States Marshals Service to make certain that all security arrangements are acceptable to the United States Marshals Service; (C) arrange for the presence of non-inmate witnesses at trial who are employed by the State of Nebraska; (D) prepare and file such duly executed stipulations and agreements as will provide for the orderly and expeditious trial of this case. (2) The plaintiff is directed to cooperate with counsel for the defendants in seeing to the orderly and expeditious trial of this case.(3) Counsel for the defendants shall arrange a telephone conference with the undersigned, counsel for the defendants and the pro se plaintiff on Thursday, January 19, 2006, at 2:30 p.m. to discuss whether the case will be tried during the following week and to resolve any last-minute problems. Counsel for the defendant is directed to contact the judicial assistant for the undersigned, Kristin Leininger, at 402.437.5252, to insure that proper arrangements have been made for this telephone conference. (4) A copy of this memorandum and order shall, of course, be provided to the pro se plaintiff and counsel for the defendants. A copy shall also be provided to the United States Marshals Service. Signed by Judge Richard G. Kopf on 1/13/2006. (KLL, )
January 20, 2006
PDF | More
ORDER. The Court warns the defendants and each of them that the court may impose sanctions for the failure of Mr. Clarke to attend trial in violation of Judge Gossett's order up to and including the entry of judgment for the plaintiff. A copy of this memorandum and order shall be provided to Magistrate Judge Gossett. Signed by Judge Richard G. Kopf on 1/20/2006. (KLL, )
February 23, 2006
PDF | More
FINDINGS OF FACT AND CONCLUSIONS OF LAW - IT IS ORDERED: 1. Judgment shall be entered by separate document in favor of the defendants and against the plaintiff, providing that the plaintiff shall take nothing and this case is dismissed with prejudice; 2. To the extent there are still pending any oral motions to dismiss parties that were asserted at trial, they are denied as moot. Signed by Judge Richard G. Kopf on 2/23/2006. (JAR)
March 9, 2006
PDF | More
MEMORANDUM AND ORDER that filing no. 99, the plaintiff's Application for Leave to Proceed In Forma Pauperis ("IFP") on appeal, is provisionally granted pursuant to Fed. R. App. P. 24(a)(3), subject to receipt of the plaintiff's inmate trust account information. The Clerk of Court shall request the necessary trust account information from the financial officer for the plaintiff's institution. Upon receipt of the trust account information, the court will calculate the initial partial appellate filing fee and notify the plaintiff, the plaintiff's institution, and the Eighth Circuit Court of Appeals accordingly. Filing no. 100 is construed as the plaintiff's request to order a trial transcript from the court reporter pursuant to Fed. R. App. P. 10(b) and as a motion to have the expense of preparation of the transcript borne by the United States because the plaintiff is proceeding IFP on appeal; filing no. 100 is granted. Filing no. 101 is construed as a request for a copy of the trial transcript without cost because the plaintiff is proceeding IFP on appeal; filing no. 101 is granted, and the Clerk of Court shall send a copy of this Memorandum and Order to the appropriate court reporter, with directions to prepare a transcript for the plaintiff (appellant) and the Eighth Circuit Court of Appeals; the Clerk of Court shall ensure that the plaintiff's copy ofthe transcript is forwarded to him as soon as practicable, without cost to the plaintiff. Signed by Judge Richard G. Kopf on 3/9/2006. (CS, )
March 22, 2006
PDF | More
MEMORANDUM AND ORDER that in the court's Memorandum and Order 102 assessing the appellate filing fees for the appeal by the plaintiff, Joseph Albert Taylor, a prisoner, the court directed the Clerk of Court to request the necessary inmate trust account information from the appropriate financial officer for the plaintiff's institution. The court further stated that upon receipt of the trust account information, the court would calculate the initial partial appellate filing fee, notify the plaintiff and the plaintiff's institution accordingly, and process the appeal to the Eighth Circuit Court of Appeals. The Clerk of Court has obtained the plaintiff's financial information, and the plaintiff's initial partial appellate filing fee is $0.01, which the plaintiff's institution shall collect and remit when funds are available for that purpose in the plaintiff's inmate trust account. The Clerk of Court shall send a copy of this Memorandum and Order to the parties, the plaintiff's institution and the Eighth Circuit Court of Appeals. Signed by Judge Richard G. Kopf on 3/22/2006. (Copy mailed to Inga Hookstra, Nebraska Department of Corrections and Financial)(CS, )
May 9, 2008
PDF | More
ORDER directing plaintiff and counsel for defendants to withdraw exhibits from trial within 15 days or show cause why exhibits should not be destroyed. If parties fail to withdraw the exhibits or show cause, the clerk's office is directed to destroy the listed exhibits without further notice to the parties or order from the court.Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(CCB)