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14-3071 - Brown v. Rodreguiez


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14-3071 - Brown v. Rodreguiez
April 16, 2014
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MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (filing no. 2) is provisionally granted. Plaintiff is not required to pay the filing fee in this matter. The Clerk of the court is directed to send a copy of this Memorandum and Order to the appropriate officials at the Norfolk Regional Center. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(GJG)
June 24, 2014
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's claims seeking injunctive relief in connection with his psychological evaluation, or lack thereof, and his subsequent civil commitment are dismissed. All claims against Defendants Nebraska Department of Corrections, Amanda Holmgreen, and Stephanie Bruhn are dismissed. As to Defendant Paul Rodriguez, Plaintiff's claims under 42 U.S.C. ยง1983 for damages based on the alleged violation of his due process rights under the Fourteenth Amendment, mental anguish, double jeopardy, and mental anguish are dismissed. Plaintiff shall have 30 days from the date of this Memorandum and Order to file an amended complaint to: (1) state whether his Eighth Amendment claim is against Rodriguez in his official or individual capacity, and (2) sufficiently allege a claim against Rodriguez. Failure to file an amended complaint will result in dismissal of this matter without prejudice and without further notice. The clerk's office is directed to set a pro se case management deadline in this matter: July 23, 2014: Check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
June 24, 2014
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion to Appoint Counsel (Filing No. 8) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
July 9, 2014
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MEMORANDUM AND ORDER - On the court's own motion, Plaintiff is granted leave to proceed on appeal in forma pauperis. The Clerk of the court shall provide the Eighth Circuit Court of Appeals with a copy of this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
February 5, 2015
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MEMORANDUM AND ORDER - Plaintiff must show cause within 30 days why this case should not be dismissed for his failure to diligently prosecute it. Failure to respond to this order within 30 days will result in dismissal of this action without further notice to Plaintiff. The clerk's office is directed to set a pro se case management deadline using the following text: March 6, 2015: Deadline for Plaintiff to show cause. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
March 12, 2015
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MEMORANDUM AND ORDER - Plaintiff's "Motion for Leave to File an Amended Complaint" (Filing No. 23) is granted. The clerk's office is directed to add the following docket text to the already-existing text at Filing Number 23: "Court will consider this document supplemental to the amended complaint." Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
March 20, 2015
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MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 25) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
April 20, 2015
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MEMORANDUM AND ORDER - Within 30 days, Plaintiff must either file an amended complaint or provide written notice to the court setting forth that he intended his Motion for Leave to File an Amended Complaint (Filing No. 23) to serve as his amended complaint. Failure to take either action will result in the court dismissing this action without prejudice and without further notice for failure to diligently prosecute it. The clerk of the court is directed to set the following pro se case management deadline: May 22, 2015: Check for amended complaint or notice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
July 2, 2015
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MEMORANDUM AND ORDER - Brown's Eighth Amendment claim against Paul Rodriguez in his individual capacity may proceed to service of process. All other claims against Rodriguez remain dismissed for the reasons provided in the courts order dated June 24, 2014; likewise, all other claims against all other Defendants remain dismissed for the reasons provided in the court's order dated June 24, 2014. (See Filing No. 9.) The clerk of the court is directed to send to Brown a copy of the Amended Complaint, a copy of this Memorandum and Order, and one summons form and one USM 285 Form for service on Brown in his individual capacity. (See attached Notice Regarding Service.) The clerk of the court is directed to set the following pro se case management deadline: October 28, 2015: check for completion of service. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with documents as directed)(GJG)
January 13, 2016
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MEMORANDUM AND ORDER - Defendant's Motion to Dismiss (Filing No. 33) is granted. This case is dismissed without prejudice. The court will enter judgment by a separate order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)