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07-3060 - Laughner v. Nivens et al


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07-3060 - Laughner v. Nivens et al
April 16, 2007
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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 $0.30 by 5/4/07, 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. Ordered by Judge Joseph F. Bataillon. - (copy to Inga Hookstra, Finance Manager NE Department of Correctional Services) (KBJ)
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 Chief Judge Bataillon. (JAE, )
September 5, 2007
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MEMORANDUM AND ORDER - The motions for leave to file amended complaint 12, and 20 are granted. All other pending motions 9,10,14,15, 17 and 21 are denied. Plaintiff may proceed on his claims against Defendants Dan Nivens and Dr. Rick McNeese as set forth in this order. However, summons will not be issued until after the amendment of Plaintiff's complaint as set forth in this order. Plaintiff's claims against Defendants Coffman, Marsh, and the Department of Corrections are dismissed without prejudice. Plaintiff shall have until October 5, 2007 to amend his Complaint to clearly state a claim on which relief can be granted against Don Coffman, Dr. Kathy Marsh, and to specify the relief sought against the Nebraska Department of Correctional Services. In the absence of Plaintiff's filing an amended complaint, this case will proceed only on the claims against Dan Nivens and Dr. Rick McNeese as set forth in this order and summons will be issued. Plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal without further notice. Amended Complaint due by 10/5/2007. Ordered by Judge Joseph F. Bataillon. (KBJ)
November 5, 2007
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MEMORANDUM AND ORDER - Plaintiff may proceed on his claims against Defendants Don Nivens, Dr. Rick McNeese, Dr. Kathy Marsh, the Nebraska Department of Correctional Services, Candace Hanes, and Rex Richards as set forth in this memorandum and order and in the court's September 5, 2007 memorandum and order. The claims against Defendant Don Coffman remain dismissed without prejudice. The Clerk of the court is directed to terminate Mr. Coffman as a Defendant in this matter. Plaintiff's request to correct the name of Defendant Nivens to Don rather than Dan Nivens is granted. The Clerk of the court is directed to correct the court's record accordingly. Plaintiff shall have until November 30, 2007 to file a third amended complaint. Plaintiff's third amended complaint shall consolidate his three complaints and shall contain only the claims against Defendants which have not been dismissed. As set forth in this memorandum and order, service of process cannot proceed unless a third amended complaint complaint is filed. The Clerk of court is directed to set a pro se case management deadline in this case using the following text: November 30, 2007: Deadline for Plaintiff to file a consolidated third amended complaint. Plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal without further notice. Ordered by Judge Joseph F. Bataillon.(Copies mailed to pro se party)(KBJ)
December 13, 2007
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MEMORANDUM AND ORDER - That Filing No. 27, treated as a motion to supplement Plaintiff's third amended complaint, is granted. To obtain service of process on Defendants, Plaintiff must complete and return the summons forms which the Clerk of the court will provide. The Clerk of the court shall send ELEVEN (11) summons forms and ELEVEN (11) USM-285 forms (for service on Defendants in both their individual and official capacities) to Plaintiff together with a copy of this memorandum and order. The plaintiff shall have until 4/13/08 to complete service of process. Plaintiff is hereby notified that failure to obtain service of process on a defendant within 120 days of the date of this order may result in dismissal of this matter without further notice as to such defendant. The Clerk of Court is directed to set a pro se case management deadline in this case with the following text: April 13, 2008: Check for completion of service of summons. Ordered by Chief Judge Joseph F. Bataillon.(Copies mailed to pro se party, with 11 blank summons and 11 USM forms) (KBJ)
September 3, 2008
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MEMORANDUM AND ORDER - Plaintiff's Motion for Information 58 is granted to the extent that this Memorandum and Order informs Plaintiff of the status of this matter. Plaintiff shall have until October 6, 2008 to file a response to Defendants' Motion to Dismiss 45 and Motion for Summary Judgment 47. No further extensions of time will be permitted. Plaintiff's Motion to Compel Service 53 is denied as moot. The Clerk of court is directed to set a pro se case management deadline in this case using the following text: October 6, 2008: deadline for Plaintiff to respond to Motion to Dismiss and Motion for Summary Judgment. Plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal without further notice. Ordered by Chief Judge Joseph F. Bataillon.(Copy mailed to pro se party)(KBJ)
November 7, 2008
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MEMORANDUM AND ORDER granting 61 Plaintiff's motion for voluntary withdraw. Plaintiff's third amended complaint and this action are dismissed without prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. To the extent it has not been fully paid, plaintiff remains responsible for the filing fee in this matter. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF)