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06-3091 - Gallardo v. Harold Clark et al


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06-3091 - Gallardo v. Harold Clark et al
June 6, 2006
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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 $14.33 by 7/10/06,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. 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. Signed by Magistrate Judge F. A. Gossett on 6/6/2006. - (COPIES AS DIRECTED)(KBJ)
July 13, 2006
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ORDER - The Plaintiff's Motion for an Extension of Time to pay the Intitial Partial Filing Fee 8 is granted. The plaintiff shall have until August 11, 2006 to pay his initial partial filing fee of $14.33 pursuant to the Prisoner Payment Order 7. Signed by Magistrate Judge F. A. Gossett on 7/13/2006. (KBJ)
August 30, 2006
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ORDER on INITIAL REVIEW - To obtain service of process on the defendants, the plaintiff must complete and return forms which the Clerk of Court will provide. The Clerk of Court shall send summons forms and form USM-285s ("form 285s") to the plaintiff (ONE for each identified defendant - no John Does) together with a copy of this Order. The plaintiff shall, as soon as possible, send the completed summons and 285 forms back to the Clerk of Court. The plaintiff shall have until 11/29/06 to complete service of process. 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. The plaintiff's Motion for a TRO 11 is denied as moot because thecourt has received the plaintiff's initial partial filing fee. Ordered by Judge Joseph F. Bataillon. - (10 blank summons and 285 forms sent to plaintiff) (KBJ)
October 23, 2006
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MEMORANDUM AND ORDER - The court will forward the plaintiff's "Motion to File Out of Time," "Motion Opposing Buchmeier, Curtis, and Coon Dismissal," and "Plaintiff Affidavit in Answer and Opposing Buchmeier, Curtis, and Coon Dismissal from this Case" to Roger I. Roots, the plaintiff's attorney of record. If Mr. Roots wishes to file the documents on the plaintiff's behalf, he shall affix his signature block and add his original signature to the documents. In the alternative, he may file other documents. Mr. Roots is hereby granted twenty (20) days from the date of this Order to file a response for the plaintiff to the Motion to Dismiss, which is the subject of the forwarded documents. THe Motion to Dismiss 23 will be taken under advisement by the court until after the foregoing deadline. Ordered by Magistrate Judge F. A. Gossett. - (Clerk has done as directed) (KBJ)
November 28, 2006
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pondeat superior, imputed or vicarious liability; whether the plaintiff has any other factual basis for claims against that defendant will have to await a more developed record; in all other respects, filing no. 34 is denied; 36 and 37 Motions adopting the plaintiff's documents and asking the court to file the plaintiff's documents as those of his attorney, filed by Roger I. Roots, the plaintiff's attorney of record, is granted in this single instance; however, from this point forward, the Clerk of Court is instructed to return to the plaintiff, unfiled, any documents which the plaintiff attempts to file in this case pro se, as long as the plaintiff continues to be represented by counsel; and that 38 Motion for Courtesy Copies of All Filings to be mailed to Mr. Gallardo, is denied.Ordered by Judge Joseph F. Bataillon.(PCV, )MEMORANDUM AND ORDER granting 23 Motion to Dismiss defendants, Buchmeier, Curtis, and Coon, is granted, and those defendants are dismissed, without prejudice, from this litigation for insufficient service of process; 31 Motion to Dismiss defendants Harold Clarke and Fred Britten, in their Individual Capacities, and the State of Nebrasks, is granted in part, as follows, and is otherwise denied: the State of Nebraska is dismissed from this litigation as a defendant; Harold Clarke and Fred Britten, in their individual capacities, may not be held liable to the plaintiff on the basis of respondeat superior, imputed or vicarious liability; whether the plaintiff has any other factual basis for claims against those defendants will have to await a more developed record; 34 Motion to Dismiss defendants, Correctional Medical Services ("CMS") and Janssen Williams, M.D., is granted in part and denied in part as follows: CMS may not be held liable to the plaintiff on the basis of res
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)
July 24, 2007
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MEMORANDUM AND ORDER granting in part and denying in part 42 Defendants' Motion for Summary Judgment. Ordered by Judge Joseph F. Bataillon. (AAF)
August 10, 2007
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ORDER - The plaintiff's motion to incur expenses from the FederalPractice Fund 50 is denied. Ordered by Judge Joseph F. Bataillon. (KBJ)
September 13, 2007
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ORDER - The defendants' motion to amend 58 is granted. Defendants Fred Britten and Harold Clarke are dismissed as individual defendants in this lawsuit. Ordered by Judge Joseph F. Bataillon. (KBJ) Modified on 9/13/2007 to remove sentence regarding paper copy. Plaintiff has counsel (KBJ).
May 29, 2008
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ORDER - Plaintiff's motion to strike or withdraw motion 74 is granted; and the Motion to Dismiss 73 is stricken. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)
September 25, 2008
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ORDER OF DISMISSAL - This matter is before the court on plaintiff's motion to dismiss without prejudice 78. The court has reviewed the record and finds the motion should be granted. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)