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06-3040 - Johnston v. Nebraska Department of Correctional Services


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06-3040 - Johnston v. Nebraska Department of Correctional Services
April 10, 2006
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ORDER TO SHOW CAUSE - This court can not act as an appellate court to review a decision rendered by the Nebraska Supreme Court. Therefore, the plaintiff shallhave until 5/10/06 to show cause in writing why the above-entitled case should not be dismissed without prejudice. Show Cause Deadline set for 5/10/2006. Signed by Judge Joseph F. Bataillon on 4/10/2006. (KBJ)
August 30, 2006
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MEMORANDUM AND ORDER - The Defendants' Motions to Dismiss 10, 11, and 25 are granted in part and denied in part as set forth: The plaintiff's Due Process claim is dismissed for failure to state a claim on which relief may be granted. On the other hand, the defendants shall answer or otherwise respond to the plaintiff's Eighth Amendment claim within thirty days of the date of this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (KBJ)
January 17, 2007
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by December 14, 2006. Neither attorney has provided the court with an explanation for the parties' failure to file a timely report. Therefore, by January 31, 2007, each party shall file a Response to Order to ShowCause explaining why the report has not been filed. In the absence of a timely Response by the defendant, the court will entertain a motion for sanctions by the plaintiff. In the absence of a timely Response by the plaintiff or if no one responds by January 31, 2007, this case will be subject, without further notice, to dismissal without prejudice by Chief Judge Joseph F. Bataillon, for lack of prosecution. Ordered by Magistrate Judge F. A. Gossett. (KBJ)ORDER TO SHOW CAUSE - This matter is before the court sua sponte. It appears to the court that this case may be abandoned or in default, as the parties have not filed the Rule 26(f) joint planning report which was required to be filed with the court
June 29, 2007
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ORDER granting Motion to Extend time to respond to Defendants' Motion and Brief to Dismiss 47; IT IS ORDERED: that the Plaintiff shall file a response to the Defendant's Motion to Dismiss by July 2, 2007; the Clerk of Court is directed to send a copy of this Memorandum and Order to the Plaintiff at his last known address. Ordered by Magistrate Judge F. A. Gossett.(PCV, ) (Plaintiff has counsel, mailed a copy of the order to plaintiff's counsel for distribution)
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)
November 19, 2007
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MEMORANDUM AND ORDER - The defendants' motion for summary judgment 37, is granted and this case is dismissed. A separate judgment will be entered in conjunction with this memorandum and order. Ordered by Judge Joseph F. Bataillon. (KBJ) Modified on 11/19/2007 to edit text regarding mailing paper copies, the plaintiff is not pro se and has counsel(KBJ).
February 22, 2008
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ORDER - Plaintiff's motion for reconsideration 68 is denied; Defendants' motion to dismiss plaintiff's motion 69 is granted; and Defendants' motion to dismiss, plaintiff's affidavit 71 is denied as moot. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)
May 7, 2008
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ORDER denying 73 Motion to Reopen Case Ordered by Chief Judge Joseph F. Bataillon. (PCV, )
July 14, 2008
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ORDER - The Plaintiff's Motion for Reconsideration 76 is denied. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)