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07-3103 - Gonzales v. Froisland et al


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07-3103 - Gonzales v. Froisland et al
April 30, 2007
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PRISONER PAYMENT ORDER granting 2 Motion for Leave to Proceed in forma pauperis; the plaintiff shall pay an initial partial filing fee of $4.96 by June 15,2007; After payment of the initial partial filing fee, the plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. Section 1915(b)(2), quoted above, and shall forward those installments to the court; That the Clerk of Court shall send a copy of this order to the appropriateofficial at the plaintiff's institution. Ordered by Judge Joseph F. Bataillon. (copies mailed as directed)(ADB)
May 23, 2007
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AMENDED PRISONER PAYMENT ORDER AND ORDER ON INITIAL REVIEW - The clerk of the court is directed to send the plaintiff 20 blank summons and 20 USM-285 forms. The plaintiff shall, as soon as possible, send the completed summons and 285 forms back to the Clerk of Court. In the absence of the completed forms, service of process cannot occur. The plaintiff is granted until 9/24/07 to complete service of process. The 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. The plaintiff's Motion for Leave to File Amended Complaint 7 is granted. The Clerk of Court shall send the plaintiff a form the plaintiff may use for a complaint. The plaintiff shall have 30 days from the date of this Order to file an Amended Complaint. The plaintiff's Motion to Extend Time to Pay Filing Fee 8 is granted. Ordered by Judge Joseph F. Bataillon. - (20 blank summons and 285 forms sent to plaintiff with a blank complaint form, and copy of Order mailed to Ms. Inga Hookstra, Accounting/Finance Manager for the Dept. of Correctional Services) (KBJ) Modified on 8/20/2007 to reflect that a copy of this pleading was mailed to the Institution (KBJ).
June 6, 2007
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MEMORANDUM AND ORDER - IT IS ORDERED: 1. The plaintiff's Motion to Amend his Complaint 7 is granted. The Clerk of Court is directed to send the plaintiff a blank Complaint form at his last known address; 2. The Plaintiff's Motion to Appoint Counsel 11 is denied; and 3. The Plaintiff's Motion for Transfer 12 is denied. Ordered by Magistrate Judge F. A. Gossett. (KBJ)
June 18, 2007
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MEMORANDUM AND ORDER denying as moot 9 Motion to Extend ; denying as moot 15 Motion for Leave to Proceed in forma pauperis; denying as moot 16 Motion for Leave to Proceed in forma pauperis; denying 17 Motion to Appoint Counsel ; taking under advisement 20 Motion for Assistance. Ordered by Magistrate Judge F. A. Gossett.(ADB)
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, )
August 27, 2007
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ORDER that the Plaintiff shall have until October 11, 2007 to file a motion for default judgment against Defendant Unknown Woodyard. Such motion shall fully comply with Federal Rule of Civil Procedure 55 and Nebraska Civil Rule 55.1. In the absence of Plaintiff's motion for default judgment, this matter will be dismissed as to Defendant Unknown Woodyard without prejudice and without further notice to Plaintiff. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 11, 2007: deadline for filing motion for default judgment against Defendant Unknown Woodyard. Ordered by Judge Joseph F. Bataillon. (ADB)
September 19, 2007
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MEMORANDUM AND ORDER that plaintiff's motions for "restring" order, which the court construes as motions for temporary restraining order (filing nos. 48 and 50) are denied. Plaintiff's motions for discovery (filing nos. 49 and 51) are denied and the court will enter a separate progression order addressing discovery approximately 30 days after Defendant Woodyard has answered. Defendant Officer Matt Woodyard's motion for leave to file out of time (filing no. 57) is granted. Defendant Woodyard shall have until October 1, 2007 to file an answer or other responsive pleading. Plaintiff shall have until October 9, 2007 in which to file a brief opposing Defendants Williams' and Cropp's motion to dismiss. (Filing No. 53.) In the absence of an opposing brief, the court will rule on Defendants' motion without further notice. Ordered by Judge Joseph F. Bataillon.(ADB)
October 5, 2007
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MEMORANDUM AND ORDER denying as moot 58 Motion for Default Judgment; denying as moot 59 Motion to Dismiss; denying as moot 60 Motion for Default Judgment; denying as moot 61 Motion to Dismiss. Plaintiff is reminded that he has until October 9, 2007 in which to file a brief opposing Defendants Williams' and Cropp's motion to dismiss. (Filing No.53.) In the absence of an opposing brief, the court will rule on Defendants' motion without further notice. Ordered by Judge Joseph F. Bataillon.(ADB)
February 5, 2008
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MEMORANDUM AND ORDER - Plaintiff's Motion to Dismiss 83 is granted. Defendants Brian Kirkendall, Unknown Bowman, Unknown Sanford, Lea Swarthout, Unknown LeDuc, Michelle Hillman, Unknown Serna, Unknown Holley, Unknown Rue,Unknown Block, Unknown Bealey, Unknown McKellep, Unknown Pfeilly, UnknownHernandez, Unknown Williams, M.D., Carrie Cropp, Unknown Simon, UnknownWoodyard, and Aaron Smith are dismissed from this matter without prejudice. Defendants' Carrie Cropp and Unknown Williams, M.D.'s Motion to Dismiss 53 is denied as moot. Plaintiff's Motions for Opposition to Dismiss 73, 75, 77, 79 are denied as moot. Plaintiff's Motions to Proceed for Interpreter 65, 66, 67, 68 are denied without prejudice to reassertion. Plaintiff's Motions for Transfer 69, 70, 71, 72 are denied. Plaintiff's Motion for Subpoena and Copy of Local Rules 81 is denied. Plaintiff's Motion for Discovery 82 is granted for the limited purpose as set forth in this order. Plaintiff shall have an additional 90 days in which to conduct limited discovery as set forth above, and to effect service of process on Defendant Unknown Froisland. The Clerk of the court shall send TWO (2) summons forms and TWO (2) USM-285 forms (for service on Defendant Froisland in both his individual and official capacities) to Plaintiff together with a copy of this memorandum and order. The Marshal shall serve the summons and Amended Complaint without payment of costs or fees. The Clerk of the court is directed to set a pro se case management deadline with the following text: May 5, 2008: check for service on remaining Defendant Unknown Froisland. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party, along with copy of unexecuted summons 30, 2 blank summons and 285USM forms) (KBJ)
June 16, 2008
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MEMORANDUM AND ORDER that plaintiff's amended complaint is dismissed without prejudice. Plaintiff remains responsible for the payment of the filing fee in accordance with the court's previous Memorandum and Order. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF)