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05-3208 - Keup v. Hopkins et al


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05-3208 - Keup v. Hopkins et al
August 26, 2005
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PRISONER PAYMENT ORDER - Filing 2 motion to proceed informa pauperis is granted. Tyler J. Keup ordered to pay filing fee in the amount of $48.58. Prisoner Payment due by 10/10/2005. Signed by Magistrate Judge F. A. Gossett on 8/26/2005. Copies mailed as ordered.(GJG, )
October 28, 2005
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ORDER denying 12 Motion to Appoint Counsel. Signed by Magistrate Judge F. A. Gossett on 10/28/2005. (ADB)
November 21, 2005
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ORDER denying as moot 11 Motion to Extend. Signed by Magistrate Judge F. A. Gossett on 11/21/2005. (ADB)
November 22, 2005
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ORDER ON INITIAL REVIEW that the Clerk of Court shall provide the plaintiff with a copy of this order and foursummons forms along with four Form-285s. The plaintiff shall complete the summons and 285 forms and return to the Clerk who shall sign and forward to the USM for service. The plaintiff is hereby notified that failure to obtain service on a defendant within 90 daysof the date of this order may result in dismissal of this matter without further notice as tosuch defendant. Filing nos. 4 and 13 are denied; and filing no. 16 is granted in part and deniedin part. Filing no. 16 is granted in that the Clerk of Court shall substitute Salvador Cruzfor Tony Cruz as a defendant in the court's records. However, leave to amend thecomplaint to add a retaliation claim is denied. Service of Summons due by 2/20/2006. Signed by Judge Joseph F. Bataillon on 11/22/2005. (4 summons and 4 285Forms mailed to plaintiff) (ADB)
February 16, 2006
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ORDER granting 27 Motion to Extend Time. The defendants request an extension of time in which to answer or otherwise respond to the claims asserted in the plaintiff's complaint. Defendants state they are currently conducting an investigation into the complaint. Upon review of the record, I will grant the motion, and the defendants shall have until March 17, 2006. Signed by Magistrate Judge F. A. Gossett on 2/16/2006. (JAE, )
March 17, 2006
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ORDER granting 26 Motion to Amend Complaint. The plaintiff shall have until March 31, 2006 to file his supplement. In modification of this court's order in 31, the defendants shall have 10 days from the date plaintiff files his amended complaint in which to respond. Supplement ( Amended Complaint) due by 3/31/2006. Signed by Magistrate Judge F. A. Gossett on 3/17/2006. (JAE, )
April 13, 2006
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MEMORANDUM AND ORDER that 28, the defendants' Motion to Strike, is granted. That 32, the plaintiff's Motion to Stay, is denied. That 33, the defendants' Motion to Dismiss, is denied at this time, and the plaintiff shall have an extension of time to serve the defendants, in their officialcapacity, properly. The Clerk of Court shall send the plaintiff one summons and one Form 285 to be completed by the plaintiff as set forth above. The plaintiff shall return the completed forms to the Clerk of Court within 30 days of the date of this Order. The U.S. Marshal will then serve the summons on the plaintiff's behalf, without payment of costs or fees. That 36, the plaintiff's Motion to Extend and to Strike, is denied. Signed by Judge Joseph F. Bataillon on 4/13/2006. One summons and 285 form sent as directed. (JAE, )
May 23, 2006
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ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE; deposition deadline set for 11/1/06. Because the plaintiff is presently incarcerated, it isappropriate that the issues concerning the pretrial conference be handled in writing ratherthan by an in-person conference. Linda L. Willard will have the primary responsibility fordrafting the Order on Final Pretrial Conference and submit itto the plaintiff by no later than April 2, 2007. The plaintiff shall provide additions and/orproposed deletions to Linda L. Willard by April 16, 2007. Linda L. Willard shall submita Proposed Order on Final Pretrial Conference to the court by no later than April 30, 2007. The trial of this matter will be set by further order of the court. Signed by Magistrate Judge F. A. Gossett on 5/23/2006. (ADB)
January 22, 2007
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MEMORANDUM AND ORDER denying as moot without prejudice to reassertion if and whenappropriate 49 Motion to Supplement Complaint, 58 Motion for Summary Judgment, 61 Motion to Convert Suit to Class Action, 62 Objection to Motion to Convert, and 64 Motion to Extend. Ordered by Judge Joseph F. Bataillon.(ADB)
February 12, 2007
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ORDER that Ms. Asaka shall be compensated for her representation of the plaintiff in thesame manner as if the contract between her and the court were still in effect. The clerk of court is directed to pay Ms. Asaka $1000.00, based upon herentry of appearance. The balance of Ms. Asaka's fee, not to exceed an additional $1000.00, shallbecome payable upon entry of judgment or other closing documents. Ordered by Judge Joseph F. Bataillon. (ADB)
March 15, 2007
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ORDER granting 70 Motion for Reimbursement of Mileage from Federal Practice Fund. Ordered by Judge Joseph F. Bataillon.(SMS, )
May 22, 2007
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ORDER granting 77 Motion to Extend; At this time, the deadlines established in the Order Setting Schedulefor Progression of Case (filing no. 40), are suspended as requested by the defendants. After Magistrate Judge Gossett conducts his planning conference, I ask that he resume progression of this case. I also reiterate that the plaintiff's deadline to respond to filing no. 72, the defendants'Motion for Summary Judgment, remains August 1, 2007. Filing no. 77 is grantedaccordingly.SO ORDERED. Ordered by Judge Joseph F. Bataillon.(PCV, )
May 24, 2007
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SCHEDULING ORDER - IT IS ORDERED: A planning conference before the undersigned magistrate judge is set for Wednesday, August 15, 2007 at 9:30a.m. by telephone conference call initiated by plaintiff's counsel, to establish further progression of the case. Ordered by Magistrate Judge F. A. Gossett. (PCV, )
July 3, 2007
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GENERAL ORDER 2007-09 concerning the management of pro se cases including supervision of pro se staff attorneys. Except for motions filed under 28 U.S.C. § 2255 and except for death penalty cases, Judge Kopf is assigned the overall responsibility for the management of pro se cases in the District of Nebraska and all previously filed pro se cases referred to Magistrate Judge Gossett or Magistrate Judge Thalken are herewith reassigned to Magistrate Judge Piester. The clerk's office shall file this order in each pending case referred to the Pro Se Docket in CM/ECF. Ordered by Judge Joseph F. Bataillon. (JSF)
July 10, 2007
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ORDER - The telephone planning conference previous scheduled before Magistrate Judge F.A. Gossett, III will be held with Magistrate Judge Thomas D. Thalken (402-661-7343) on Wednesday, August 15, 2007, at 9:30 a.m. Central Daylight Time for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Counsel for the plaintiff shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
August 10, 2007
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ORDER denying 89 the defendant's document titled Opposition to Plaintiffs Motion to Add Parties and for Additional Summons. Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
August 16, 2007
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ORDER - This matter is before the court on defendants' motion for summary judgment 72. The motion has been rendered moot by the plaintiff's amended complaint. Accordingly, the motion is denied without prejudice. Ordered by Judge Joseph F. Bataillon. (KBJ)
February 14, 2008
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MEMORANDUM AND ORDER granting in part and denying in part 102 Defendants' Motion for Summary Judgment. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
March 13, 2008
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TRANSPORT ORDER - This case set for trial before the Honorable Joseph F. Bataillon in the United States Federal District Court, at the Roman L. Hruska Courthouse, 111 S. 18th Plaza, Omaha, Nebraska, Room 3259, commencing on March 21, 2008 at 8:30a.m. In accordance with any departmental security requirements, the officials of the Nebraska Department of Correctional Services are directed to produce the concerned inmate for said hearing on the following date at the hour indictated: Tyler J. Keup - March 21, 2008 at 8:30a.m.; March 24&25 at 8:30a.m.; it it goes to March 26, 2008, the start time on that date only will be 9:00a.m. Ordered by Chief Judge Joseph F. Bataillon. (PCV, ) (copy sent to Ne Dpt of Corr Services in self addressed envelope provided)
March 14, 2008
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ORDER sustaining 111 Objection; The courts order granting the plaintiffs motion for a writ, Filing No. 112, is vacated and the writ of habeas corpus is quashed. The parties are directed to notify the court on March 21, 2008, of the date and time it plans to present the evidence at trial, if by videoconference. Ordered by Chief Judge Joseph F. Bataillon. (PCV, )
March 28, 2008
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GENERAL ORDER 2008-08 - Effective immediately, this case is reassigned from Judge Smith Camp to Judge Schreier for the purposes of trial. The magistrate judge assignment remains unchanged. This case will be called for trial during the week of 5/5/08 as to defendant Andres Arza. Ordered by Chief Judge Joseph F. Bataillon. (JSF)
April 10, 2008
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ORDER granting 117 Motion to Withdraw as Attorney. Dana C. Bradford is appointed to represent Keup for the balance of these proceedings. Pursuant to the Amended Plans for the Administration of the Federal PracticeFund and the Federal Practice Committee, District of Nebraska, III(A), and VI(C), (E) - (I),NEGenR 1.2(1) and 1.7(g), and NECivR 54.4, Mr. Bradford will be compensated in theamount of $2,000.00. The clerk of the court shall pay Mr. Bradford the sum of $1,000.00upon the entry of his appearance. The balance of Mr. Bradfords fee, not to exceed$1,000.00 shall become payable upon the entry of judgment or other closing documents.Mr. Bradford may incur reasonable expenses in his representation of the plaintiff inaccordance with Amended Plans set forth above.4. If this suit results in an award of attorneys fees pursuant to 42 U.S.C. § 1988,or other such statute, and the award is greater than the attorneys fee plus reasonablyincurred expenses authorized by this order, Mr. Bradford will reimburse the Federal Practice Fund from that award the amount of $2,000.00 plus his reasonably incurredexpenses paid from the Federal Practice Fund.5. Mr. Bradford and counsel for the defendants shall participate in a telephoneconference with the undersigned magistrate judge on April 18, 2008, at 1:30 p.m., todiscuss the preparation of this matter for trial. Counsel for the defendants shall initiate thetelephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (PCV, ) (copy of order to Finance)
April 21, 2008
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ORDER, - IT IS ORDERED: 1. Trial of this matter is scheduled before Chief Judge Joseph F. Bataillon and a jury in Courtroom No. 3, Third Floor, 111 South 18th Plaza, Omaha, Nebraska at 8:30 a.m. on July 21, 2008. 2. Trial briefs and proposed jury instructions shall be filed on or before July 14,2008. The judges copy of the exhibit notebook shall be delivered to Chief Judge Bataillons chambers on or before July 14, 2008. ( Jury Trial set for 7/21/2008 at 08:30 AM before Chief Judge Joseph F. Bataillon.) Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
July 10, 2008
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TRANSPORT ORDER- This case is set for trial before the Honorable Joseph F. Bataillon in the United States Federal District Court, at the Roman L. Hruska Courthouse, 111 S. 18th Plaza, Omaha, Nebraska, Room 3259, commencing on July 21, 2008 at 8:30 a.m. In accordance with any departmental security requirements, the officials of the Nebraska Department of Correctional Services are directed to produce the concerned inmate for said hearing on the following date at the hour indicated: INDIVIDUAL TO BE PRODUCED: DATE/TIMETYLER J. KEUP #55423 July 21, 22 and 23, 2008 at 8:30 a.m. Ordered by Chief Judge Joseph F. Bataillon. (2 Certified copy to USM)(TCL)
July 25, 2008
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ORDER - All claims in this matter are dismissed as to the defendants Tyhe deKoning, Salvador Tony Cruz, and Diane Sabatka-Rine. All claims related to the destruction of the plaintiffs religious book and nondelivery of the greeting card and sketchbook to the plaintiff are dismissed. The court finds that defendant F. X. Hopkins and Dennis Bakewell are liable to the plaintiff under 18 U.S.C. § 1983 for infringing on the plaintiffs right to send mail when they prohibited the plaintiff from mailing his drawings, Trial Exhibits 1 and 2, to his mother and the Maoist International Movement. Further, the court finds that the plaintiff met his burden of proving that the defendants did not have a legitimate prison management reason for their decision to prohibit the mailing of the drawings. The court finds that the plaintiff has not proven any compensatory damages but is entitled to a total of one dollar ($1.00) in nominal damages from defendants Hopkins and Bakewell. The court will take under advisement an award of attorney fees and sets the following briefing schedule: A. The plaintiffs brief in support of attorney fees is due on or before August 20, 2008; and B. The defendants shall file, if they so choose, a brief in response to the plaintiffs brief on or before September 3, 2008.5. The court will enter judgment in this matter after it determines the issue of an award of attorney fees and court costs. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
December 15, 2008
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MEMORANDUM AND ORDER - Plaintiff's motions for attorney fees 145 148 are granted. Plaintiff is awarded attorney fees in the amount of $8,730.00 for attorney Dana C. Bradford and in the amount of $15,225.00 for attorney Kellie P. Asaka. Plaintiff is awarded expenses in the amount of $225.42 for attorney Dana C. Bradford and in the amount of $418.32 for attorney Kellie P. Asaka. A judgment in conformity with this Memorandum and Order will issue this date. Ordered by Chief Judge Joseph F. Bataillon. (JAE, )
April 2, 2010
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STRICKEN: ORDER: D.C. Bradford shall be compensated an additional $1,000.00 for his representation of the plaintiff and $225.42 for reimbursement of reasonable costs and expenses; the clerk of court is directed to pay Mr. Bradford $1,225.42 as ordered by Chief Judge Joseph F. Bataillon. (Copy to Finance) (SED) Modified on 4/5/2010 to adding 'stricken' pursuant to strike order 171 (SED).
April 2, 2010
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ORDER that D.C. Bradford shall be compensated an additional $1,000.00 for his representation of the plaintiff and $225.42 for reimbursement of reasonable costs and expenses; the clerk of court is directed to pay Mr. Bradford $1,225.42 as ordered by Chief Judge Joseph F. Bataillon. (Copy to finance) (SED)