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05-3247 - Ramos v. June


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05-3247 - Ramos v. June
October 4, 2005
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PRISONER PAYMENT ORDER - The plaintiff's motion to proceed IFP 2 is granted. The plaintiff shall pay an initial partial filing fee of $1.33 by November 14, 2005, unless an enlargement of time is granted in response to a written motion; in the absence of the initial partial filing fee by the specified deadline, this case may be subject to dismissal. After payment of the initial partial filing fee, the plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. section 1915(b)(2), quoted above, and shall forward those installments to the court. The Clerk of Court shall send a copy of this order to the appropriate official at the plaintiff's institution. The plaintiff shall keep the court informed of his current address at all times, and that all parties are bound by the Federal Rules of Civil Procedure and by the court's Local Rules while this case is pending. The plaintiff shall review the Notice Regarding Summons Forms attached to this Order. Signed by Magistrate Judge F. A. Gossett on 10/4/2005. (GJG, )
November 21, 2005
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AMENDED PRISONER PAYMENT ORDER granting in part7, Motion to Extend Time to Pay Filing Fee regarding Order on Motion for Leave to Proceed in forma pauperis,6. (6 Summons and 285 Forms mailed to plaintiff for completion and return.) Service of Summons due by 3/22/2006. Signed by Magistrate Judge F. A. Gossett on 11/21/2005. (Copy to Institution) (JAR)
January 24, 2006
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ORDER granting 13 Motion to Withdraw as Attorney. The withdrawal of the appearance by Defendants' attorney Tim Sullivan, #21883 is approved and the entry of appearance by Stephanie A. Zeeb, #22994 on behalf of Defendants is recognized and approved. Signed by Magistrate Judge F. A. Gossett on 1/24/2006. (GJG, )
February 2, 2006
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ORDER denying 18 Motion to Appoint Counsel and denied as moot 19 Motion to Appoint Counsel. Signed by Magistrate Judge F. A. Gossett on 2/2/2006. (GJG, )
April 24, 2006
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MEMORANDUM AND ORDER denying 16 and 25 Motions to Dismiss. THEREFORE, IT IS ORDERED: 1. That filing nos. 16 and 25, the defendants' Motions to Dismiss, are denied; 2. That by May 30, 2006, the plaintiff shall file an Amended Complaint; a. The Amended Complaint must name, in the caption, all of thedefendants the plaintiff intends to sue, and next to each defendant's name,the plaintiff should state whether that defendant is sued in his or her"individual capacity," "official capacity," or "individual and official capacities;" b. The Amended Complaint should explain what each defendant did that caused the plaintiff to sue that defendant; 3. That a form is attached to this Memorandum and Order which the plaintiff may use for his Amended Complaint. Signed by Judge Richard G. Kopf on 4/24/2006. (JAR)
January 4, 2007
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MEMORANDUM AND ORDER granting 33 Motion to Dismiss Parties in their individual capacities. THEREFORE, IT IS ORDERED: 1. That filing no. 33, the Motion to Dismiss filed by Randy Crosby, Mike Kenney, Robert Houston, Dave Heineman, and Frank Hopkins, in their individual capacities only, is granted, and those defendants, in their individual capacities, are dismissed from thislitigation; 2. That the plaintiff shall have thirty (30) days from the date of this Order to file a Second Amended Complaint against Officer June as a defendant, in June's individual and official capacities, if the plaintiff so wishes; 3. That if the plaintiff does choose to file a Second Amended Complaint naming Officer June as a defendant, the plaintiff must also provide some evidence or description concerning his submission of grievances to exhaust his administrative remedies, in order to proceed with this litigation; and 4. That in the absence of a timely and sufficient Second Amended Complaint, including a statement regarding the submission of prison grievances, this matter may besubject to dismissal without further notice for failure to state a claim on which relief may be granted, Fed. R. Civ. P. 12(b)(6). Ordered by Judge Richard G. Kopf.(JAR)
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. ยง 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)
October 4, 2007
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MEMORANDUM AND ORDER denying 43 Motion for Summary Judgment. IT IS ORDERED that: 1. In Case No. 4:06CV3158, Defendant Cpl. (Doug) June's motion to dismiss (filing 20) is granted, and such action is dismissed without prejudice as against Defendant Cpl. (Doug) June only. 2. In Case No. 4:05CV3247, Defendant Officer Doug Junes motion for summary judgment (filing 43) is denied. 3. Plaintiff shall have until November 5, 2007, to show cause why Case No. 4:06CV3158 should not be dismissed as against all remaining defendants for failure to obtain service of process. See Fed. R. Civ. P. 4(m). In the absence of cause shown, Case No. 4:06CV3158 will be dismissed without prejudice and without further notice. 4. Plaintiff shall have until November 5, 2007, to show cause why Case No. 4:05CV3247 should not be dismissed as against all defendants except Officer Doug June. In the absence of cause shown, Case No. 4:05CV3247 will be dismissed without further notice as against all defendants other than Officer Doug June. Ordered by Judge Richard G. Kopf. (Copy mailed to plaintiff.)(JAB)
November 14, 2007
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MEMORANDUM AND ORDER - 1. This case is dismissed as follows: with prejudice as against the defendants Randy Crosby, Mike Kenney, Robert Houston, Dave Heineman, and Frank Hopkins in their individual capacities only; without prejudice as to defendants Randy Crosby, Mike Kenney, Robert Houston, Dave Heineman, and Frank Hopkins in their official capacities; and without prejudice as to defendant Unknown Calvin in his or her individual and official capacities; 2. The sole remaining defendant in this action is Doug June. Each party has until December 4, 2007 to show cause why this action should proceed against Doug June in both his official and individual capacities. In the absence of cause shown, this action will be dismissed without further notice and without prejudice as against Doug June in his official capacity and the only remaining claim will be the claim against Doug June in his individual capacity. 3. Judgment shall be withheld until resolution of the action against Officer June.Ordered by Judge Richard G. Kopf. (Copies mailed to pro se party)(CS, )
December 11, 2007
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MEMORANDUM AND ORDER - 1. This action is dismissed without prejudice as against Doug June in his official capacity; 2. The only remaining claim in this action is the claim against Doug June in his individual capacity; and 3. Judgment shall be withheld until resolution of the action against Officer June in his individual capacity.Ordered by Judge Richard G. Kopf. (Copies mailed to pro se party)(CS, )
July 8, 2008
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MEMORANDUM AND ORDER denying 56 Motion to Compel and 57 Motion for copies. Progression order is amended. The Final Pretrial Conference will be held before Magistrate Judge David L. Piester on October 21, 2008 at 9:00 a.m. The trial date will be set by Magistrate Judge Piester at the time of the Final Pretrial Conference. Pro se case management deadline: Pretrial conference before Magistrate Judge Piester to be held on October 21, 2008. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
August 4, 2008
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MEMORANDUM AND ORDER granting 53 Second Motion for Summary Judgment. Defendant's Second Motion for Summary Judgment (filing 53) is granted, and Judgment shall be entered by separate order. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
September 11, 2008
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MEMORANDUM AND ORDER regarding: MOTION to Appoint Counsel64 filed by Julio Ramos. Plaintiffs Motion to Appoint Counsel (filing no. 64) is denied. Plaintiff shall have until October 1, 2008, to file a notice of withdrawal of appeal in this matter. If Plaintiff does file a notice of withdrawal of appeal, he will not be responsible for the $455.00 appellate filing fee and the appeal will not proceed. In the event that Plaintiff seeks to proceed with his appeal, he shall submit to the Clerk of the court either the full $455.00 appellate filing fee or a certified copy of his prison account statement for the last six months no later than October 1, 2008. If Plaintiff does not timely submit the required prison account information, the court will assess an initial appellate partial fee of $35 or such other amount that is reasonable, based on whatever information the court has regarding the prisoner's finances. Pro se case management deadline: October 1, 2008: deadline for Plaintiff to file noticeof withdrawal of appeal.Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKL)
November 10, 2008
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MEMORANDUM AND ORDER granting 67 Plaintiff's Motion to Withdraw Appeal. The Clerk of the court shall not process the appeal in this matter. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)