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06-3314 - Jones v. Britten


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06-3314 - Jones v. Britten
January 10, 2007
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MEMORANDUM AND ORDER that if any of the eight plaintiffs who have filed IFP motions wishes to withdraw from this case, he may file a motion to withdraw by 2/9/2007. Any of the remaining plaintiffs who wishes to proceed as part of this case must file a signed motion to proceed IFP on his own behalf by 2/9/07. After 2/9/07, a Prisoner Payment Order will be entered. Any plaintiff who has filed a motion to proceed IFP or who has paid the $350 filing fee by 2/9/07 will be included among the plaintiffs in this action. All others who have not responded by that date will be terminated from this case. Ordered by Judge Laurie Smith Camp. (JSF)
March 30, 2007
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MEMORANDUM AND ORDER - That the Motions for Leave to Proceed IFP filed by Mr. Cole 2, Mr. Bringus 8, Mr. Jones 88, and Mr. Myers 91 are granted. Prisoner Payment Orders will issue by separate orders of the court. The Motions for Leave to Proceed IFP filed by Mr. McSwine 3, Mr. Cash 4, Mr. Patterson 5, Mr. Crawford 6, Mr. Anderson 7, and Mr. Buggs 11 are denied. No Prisoner Payment Orders will be entered as to those individuals. All Motions to Withdraw are granted 79, 80, 81, 83, 84, 86, 94 and 95. The Motion for Recusal 87 is denied. The Motion to Strike 89 is denied, but the error brought to the court's attention has been corrected. The Motions to Stay 90 and 93 are denied. The only remaining plaintiffs are Frankie Levi Cole (# 49081), James Myers (# 51328), Marvel Jones (# 49478) and Rickey Bringus (# 53517), and the Clerk of Court shall terminate all other named plaintiffs as parties from the CM/ECF docket for this case. By April 30, 2007, the four remaining plaintiffs shall file an Amended Complaint asserting only their own claims. The original signatures of all co-plaintiffs shall be affixed (a) to the Amended Complaint or (b) to counterparts of the Amended Complaint or (c) to signed signature pages identifiable as signature pages to the AmendedComplaint. Ordered by Judge Laurie Smith Camp.(JAE, )
April 6, 2007
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PRISONER PAYMENT ORDER - That the plaintiff, Frankie Levi Cole, shall pay an initial partial filing fee of $3.34 by May 4, 2007, unless an enlargement of time is granted in response to a written motion; After payment of the initial partial filing fee, the plaintiff's institution shall collect the additional monthly payments set forth in 28 U.S.C. 1915(b)(2), 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; The plaintiff shall review the "Notice Regarding Summons Forms" attached to this Order. Prisoner Payment due by 5/4/2007.Ordered by Judge Laurie Smith Camp. (MKR)COPIES MAILED- Copy also mailed to Inga Hookstra at PO Box 94661, Lincoln, NE 68508
April 6, 2007
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PRISONER PAYMENT ORDER - That the plaintiff, Marvel Jones, shall pay an initial partial filing fee of $5.40 by May 4, 2007, unless an enlargement of time is granted in response to a written motion; After payment of the initial partial filing fee, the plaintiff's institution shall collect the additional monthly payments set forth in 28 U.S.C. 1915(b)(2), 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; The plaintiff shall review the "Notice Regarding Summons Forms" attached to this Order. Prisoner Payment due by 5/4/2007.Ordered by Judge Laurie Smith Camp. (MKR)COPIES MAILED- Copy also mailed to Inga Hookstra at PO Box 94661, Lincoln, NE 68508
April 6, 2007
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PRISONER PAYMENT ORDER - That the plaintiff, James Myers, shall pay an initial partial filing fee of $20.70 by May 4, 2007, unless an enlargement of time is granted in response to a written motion; After payment of the initial partial filing fee, the plaintiff's institution shall collect the additional monthly payments set forth in 28 U.S.C. 1915(b)(2), 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; The plaintiff shall review the "Notice Regarding Summons Forms" attached to this Order. Prisoner Payment due by 5/4/2007.Ordered by Judge Laurie Smith Camp. (MKR)COPIES MAILED- Copy also mailed to Inga Hookstra at PO Box 94661, Lincoln, NE 68508
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 24, 2007
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ORDER TO SHOW CAUSE - by 8/20/2007, the plaintiff shall file with this Court either an affidavit or an affirmation made under penalty of perjury stating any reasons why this action should be not dismissed. Ordered by Judge Laurie Smith Camp. (JSF)
August 30, 2007
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MEMORANDUM AND ORDER - The remaining plaintiff in this action, Marvel Jones, shall have until September 17, 2007, to file an Amended Complaint asserting only his claims. The plaintiff Frankie Levi Cole, is dismissed as a plaintiff to this action. Plaintiff Cole's Motion for Extension of Time 106 is denied asmoot. Plaintiff, Marvel Jones's, Motion for Extension of Time 104 isgranted. Plaintiff Jones shall have until September 17, 2007 to file an AmendedComplaint asserting only his claims. The Clerk of court is directed to set a pro se case management deadline stating: Amended Complaint due September 17, 2007. Ordered by Judge Laurie Smith Camp. Copy mailed to plaintiff. (JAE, )
November 2, 2007
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MEMORANDUM AND ORDER - To the extent the plaintiff seeks certification of a class of all inmates confined in any facility of the Nebraska Department of Correctional Services from 1997 to the time he filed his amended complaint, this request is denied. The plaintiffs claims against defendants Houston, Hillman, Williams, Dr. With Correct Care Solutions, and Named and Unnamed John and JaneDoe's 1 thru 1,000, in their official, individual capacities, and professionalcapacities are dismissed. The plaintiffs claims for relief based on the allegations in paragraphs 10, 14, 35, 38, 44, 45, 46, 47, 48, 49, 50, 51, 52, and 53, and exhibits 3 and 31 of his amended complaint, (Filing No. 113), are dismissed for lack of standing and lack of subject matter jurisdiction. To the extent paragraph 37 of the plaintiffs amended complaint, (Filing No.113), alleges that TSCI inmates must stand in the cold and wind to receivemedications, this claim is dismissed for lack of standing and lack of subjectmatter jurisdiction. Plaintiffs claim for § 1983 relief based on paragraphs 8, 9, 11, 12, 13, 16, 17, 18, 19, 20, 26, 27, 28, 29, 30, 31, 32, 33, 34, 39, 40, 41, 42, 43, and 54, and exhibits 1, 2, 4, 5, 6, 9, 10, 11, 12(A-I), 13, 19, 20(A-C), 22, 23, 24, 25, 26, 29(A-F), 30(A-J), and 31(A-D) of his amended complaint, (Filing No. 113), are dismissed for failure to state a claim.6. To the extent paragraph 36 of the plaintiffs amended complaint, (Filing No.113), alleges the plaintiffs constitutional rights were violated by having towait in line for twenty to thirty minutes to receive food, this claim is dismissed as frivolous. To the extent the plaintiff alleges his due process and equal protection rights were violated by the lock downs described in paragraphs 15, 21, 22, 23, 24, and 25, and exhibits 8, 14, 15, 16, 17, and 18 of the plaintiffs amended complaint, (Filing No. 113), these claims are dismissed for failure to state a claim. The plaintiff has stated a claim that his Eighth Amendment rights were violated by: a. Denying him access to showers and the ability to clean his cell during the lock downs described in paragraphs 15, 21, 22, 23, 24, and 25, and exhibits 8, 14, 15, 16, 17, and 18 of the plaintiffs amended complaint, (Filing No. 113). b. Failing to provide the plaintiff with adequate and uncontaminated food as alleged in paragraph 36 of the plaintiffs amended complaint, (Filing No. 113). c. Requiring the plaintiff to be exposed to severe cold and wind without access to shelter as alleged in paragraph 37 of the plaintiffs amended complaint, (Filing No. 113). 9. The Clerk of Court shall provide the plaintiff with two summonses and 285 forms and a copy of this order. The plaintiff shall complete the summonses and 285 forms and return them to the Clerk of Court. 10. Upon receipt of the completed summonses and 285 forms, the Clerk will sign each summons, to be forwarded, together with a copy of the amended complaint, (Filing No.113) and a copy of this memorandum and order, to the U.S. Marshal for service on the defendants. The Marshal shall serve each summons and complaint without payment of costs or fees. Service maybe effected by mail pursuant to Fed. R. Civ. P. 4 and Nebraska law in thediscretion of the Marshal. 11. The plaintiff is given until December 15, 2007, to serve defendant Francis Britten in his individual and official capacity.The Clerk of court is directed to set a pro se case management deadline inthis case using the following text: December 15, 2007deadline for servingplaintiffs amended complaint. The clerk shall correct the docket in this case to reflect that the plaintiff is Marvel Jones, and the defendant is Francis Britten in his individual and official capacity. All future filings in this case shall be captioned as such. ***Set/Reset All Deadlines: Service of Summons due by 12/15/2007. Ordered by Judge Laurie Smith Camp. (Copies mailed to pro se party)(MKR )
January 3, 2008
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MEMORANDUM AND ORDER -Plaintiff failed to serve summons on Defendant Francis Britten by December 15, 2007. Plaintiff shall have 30 days, or until February 4, 2008, to show cause why this case should not be dismissed. If Plaintiff does not respond, or if good cause is not shown, this action will be dismissed without further notice. The Clerk of the court is directed to set a pro se case management deadline with the following text: February 4, 2008: deadline for Plaintiff to show cause why service of process was not completed.***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 2/4/2008 to show cause why service of process was not completed.) Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
March 7, 2008
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MEMORANDUM AND ORDER - Plaintiff's Motion for Notice of Appeal 118, construed as a motion for interlocutory appeal is denied. Plaintiff's Motion for Leave to Proceed In Forma Pauperis on Appeal 119 Is denied as moot. Plaintiff shall have 30 days, or until April 7, 2008, to complete service ofprocess on Defendant Britten. Failure to serve Defendant Britten by this datewill result in dismissal of this matter without further notice. The Clerk of the court is directed to set a pro se case management deadline in this case with the following text: April 7, 2008: Check for service of process onremaining Defendant and dismiss if not served. The Clerk of the court shall send TWO (2) summons forms and TWO (2) USM-285 forms to Plaintiff together witha copy of this Memorandum and Order. The Marshal shall serve the summons andAmended Complaint without payment of costs or fees. A defendant has twenty (20) days after receipt of the summons to answer or otherwise respond to a complaint. Plaintiff shall keep the court informed of his current address at all times while this case is pending. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAE, )
October 2, 2008
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MEMORANDUM AND ORDER - Defendant Francis Britten's Motion to Dismiss 129 is granted. Plaintiff's claims against Defendant Francis Britten are dismissed without prejudice. A separate judgment will be entered in accordance with this Memorandum and Order; and Plaintiff's Complaint for Retaliation, construed as a Motion for An Order to Amend Complaint 128 is denied without prejudice to reassertion in a new complaint. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (KBJ)
November 6, 2008
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MEMORANDUM AND ORDER regarding: Notice of Appeal to USCA 135 filed by Marvel Jones ; Plaintiff shall have until November 17, 2008, in which 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 liable 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 for the last six months no later than November 17, 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 about the prisoner's finances; The Clerk of the court shall not process the appeal in this matter pending further order of the court; and Pro Se Case Management Deadline set for 11/17/2008: deadline for Plaintiff to file notice of withdrawal of appeal. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB, )
December 2, 2008
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MEMORANDUM AND ORDER that plaintiff Marvel Jones is permitted to proceed in forma pauperis on appeal. Plaintiff shall pay an initial partial filing fee of $.21 by 1/2/09. After payment of the initial partial filing fee, plaintiff's institution shall collection the additional monthly payments. The clerk is directed to send a copy of this order to the appropriate official at plaintiff's institution and the 8th Circuit Court of Appeals. Ordered by Judge Laurie Smith Camp. (Copy mailed as directed and to pro se party) (JSF) Modified on 12/2/2008 to include plaintiff's name (JSF).