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06-3117 - Blankenship v. Bagley et al


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06-3117 - Blankenship v. Bagley et al
August 22, 2006
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ORDER ON INITIAL REVIEW that the Clerk shall send two summons and two USM-285 Forms for each defendant to the plaintiff who shall complete and return the forms to the Clerk to be forwarded to the USM for service. Service of Summons shall be completed within 120 days from the date of this order.Ordered by Magistrate Judge F. A. Gossett. (4 summons and 4 USM-285's mailed to plaintiff)(ADB)
August 22, 2006
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PRISONER PAYMENT ORDER granting 2 Motion for Leave to Proceed in forma pauperis. That when funds exist in the plaintiff's prison trust account, the plaintiff'sinstitution shall collect them and remit them to the court subject to the limitations set forthin this order; That the Clerk of Court shall serve a copy of this order on the appropriateofficer at the plaintiff's institution; That the plaintiff shall keep the court informed of his current address at alltimes while this case is pending; and That the plaintiff is requested to review the "Notice Regarding SummonsForms" on the next page of this Order. Ordered by Magistrate Judge F. A. Gossett. (Copy mailed to Inga Hookstra, Accounting/Finance Manager,Nebraska Department of Correctional Services,Central Office Accounting,PO Box 94661,Lincoln, NE 68508)(ADB)
September 1, 2006
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MEMORANDUM AND ORDER granting 15 Motion to Appoint Counsel. Matthew T. Knoblauch, Esq. is appointed to represent the plaintiff as his attorney in theabove-entitled litigation; That within fifteen (15) days of the date of this Order, Mr. Knoblauch shallenter an appearance in this case and shall contact the plaintiff to make arrangements toconfer in person or by telephone with the plaintiff. Ordered by Magistrate Judge F. A. Gossett. (copies mailed as directed)(ADB)
February 16, 2007
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MEMORANDUM AND ORDER that filing no. 26, the plaintiff's Blessed Request to add an exhibit, and filingno. 27, the plaintiff's Request to add an exhibit, are granted; That filing nos. 9, 11, 14, 16, 20, 24 and 31, the plaintiff's remaining pro semotions, are denied without prejudice to reassertion by the plaintiff's attorney in theattorney's discretion; That the plaintiff is instructed to communicate with the court through hisattorney instead of filing pleadings and motions directly with the court; and That the plaintiff's attorney is requested to provide the plaintiff with areasonable number of stamped, self-addressed envelopes so that the plaintiff may sendpapers to his attorney as needed, and the attorney may bill the court for those expensesin addition to the fee payable in this matter by the court. Ordered by Judge Joseph F. Bataillon. (copy mailed to plaintiff at PO Box 2500, Lincoln, NE 68542)(ADB)
March 12, 2007
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MEMORANDUM AND ORDER that filing no. 33, the defendants' Motion to Consolidate Case Nos.4:06cv3111 and 4:06cv3117, is denied as moot; That filing no. 36, the defendants' Motion for Summary Judgment, is denied as premature, without prejudice to reassertion after the plaintiff has completed discoveryon the issue of exhaustion of remedies, and after the defendants have fully cooperated in that discovery; That filing no. 39, the defendants' Motion for a Stay Pending a Decision on the Motion for Summary Judgment, is denied; the defendants have pointed to no legal basis for the stay, and a party may not file a summary judgment motion asserting that no factual issues remain for trial and at the same time deny another party access to the facts through a stay of discovery; and That filing no. 44, the plaintiff's Motion to Continue the defendants' Motion for Summary Judgment, is granted in part and denied in part; the summary judgment motion need not be postponed because it has been denied until completion of the relevant discovery. Ordered by Judge Joseph F. Bataillon.(ADB)
March 15, 2007
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MEMORANDUM AND ORDER - IT IS ORDERED: That the Clerk of Court shall immediately pay the sum of $1,000 to Matthew T. Knoblauch, Esq. based upon his entry of appearance; That the second and last $1,000 installment of Mr. Knoblauch's fee shall become due and payable upon the entry of judgment in the district court or upon an order by the court terminating Mr. Knoblauch as the plaintiff's attorney; That Mr. Knoblauch may incur reasonable expenses in his representation of the plaintiff in accordance with the Amended Plans for Administration of the Federal Practice Fund and the Federal Practice Committee, III(A) and VI(C), (E)-(I); NEGenR 1.2(I) and 1.7(g) and NECivR 54.4 (see generally http://www.ned.uscourts.gov/fpo/crtplans/crtplans.html); That if this suit results in an award of attorney's fees pursuant to 42 U.S.C. § 1988, Mr. Knoblauch shall reimburse the Federal Practice Fund from that award for the lesser amount of (a) the attorney's fee and expenses authorized in this order or (b) the attorney's fee and expenses awarded pursuant to 42 U.S.C. § 1988, and he shall retainthe greater of those two amounts.DATED this 15th day of March, 2007.Ordered by Judge Joseph F. Bataillon. (PCV, ) (Copy of order to Finance)
May 7, 2007
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ORDER regarding 53 Stipulation. Plaintiff's inmate file is to be made available for review by Plaintiff's counsel at the DCS institution where the documents are housed at counsel's convenience by appointment with Defendants' counsel. Ordered by Judge Joseph F. Bataillon. (JSF)
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 Chief Judge Bataillon. (JAE, )
July 10, 2007
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ORDER - A telephone planning and status conference will be held with Magistrate Judge Thomas D. Thalken on July 18, 2007, at 10:30 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)
November 8, 2007
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MEMORANDUM AND ORDER denying 56 Defendants' Motion for Summary Judgment; denying as moot 66 Plaintiff's Motion to Strike. Ordered by Judge Joseph F. Bataillon. (SMS, )
November 19, 2007
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MEMORANDUM AND ORDER denying 72 Defendants' Motion for Summary Judgment. Ordered by Judge Joseph F. Bataillon. (SMS, )
November 20, 2007
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ORDER - IT IS ORDERED: the parties' oral request to continue the final pretrial conference is granted. The Final Pretrial Conference with the undersigned magistrate judge is set for December 10, 2007 at 10:00a.m. in chambers. Trial remains scheduled for December 17, 2007, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon. Pretrial Conference set for 12/10/2007 at 10:00 AM before Magistrate Judge Thomas D. Thalken.Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
December 10, 2007
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TRANSPORTATION ORDER that the officials of the Nebraska Department of Correctional Services are directed to produce the inmate for trial on 12/17/07 at 8:45 a.m.Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
December 12, 2007
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ORDER granting 80 Motion to Continue. Trial of this matter is continued to February 19, 2008 at 8:30 a.m. before the Honorable Joseph F. Bataillon, in Omaha, Nebraska. Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )
February 6, 2008
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TRANSPORTATION ORDER that the officials of the Nebraska Department of Correctional Services are directed to produce the concerned inmate 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, commencing on February 19, 2008 at 8:30 a.m.Ordered by Magistrate Judge Thomas D. Thalken. (copy faxed to Ne Dept. of Corrections c/o Terry Ewing at 402-479-5819 and to Records at 402-479-3021)(ADB)
May 8, 2008
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ORDER granting 97 Motion for Reimbursement from Federal Practice Fund. IT IS ORDERED that the Motion for Reimbursement from the Federal PracticeFund 97 in the amount of $373.85 is granted.A copy of this Memorandum and Order shall be provided to Pat Williamson ofthe Clerks Office so that he may make the appropriate bookkeeping entry for theFederal Practice Fund. Ordered by Chief Judge Joseph F. Bataillon. (Copies provided as directed)(PCV, )