Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

15-3132 - Shadle v. Kohl


Download Files

Metadata

Document in Context
15-3132 - Shadle v. Kohl
November 9, 2015
PDF | More
MEMORANDUM AND ORDER that plaintiff's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $12.58 within 30 days, unless the Court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), and forward those payments to the Court. The clerk of the court is directed to send a copy of this order to the appropriate official at plaintiff's institution. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: December 7, 2015: initial partial filing fee payment due. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in plaintiff's case will be for the Court to conduct an initial review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The Court will conduct this initial review in its normal course of business. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and as directed) (MBM)
February 9, 2016
PDF | More
MEMORANDUM AND ORDER - This case may proceed to service of process as to Shadle's Eighth Amendment claim against Randy Kohl. The Clerk of the Court is directed to send to Shadle a copy of the Complaint, a copy of this Memorandum and Order, and one summons form and one USM 285 Form for service on Kohl in his official capacity. (See attached Notice Regarding Service.) Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 90 days of filing the complaint. However, Shadle is granted, on the Court's own motion, an extension of time until 120 days from the date of this order to complete service of process. (See this Court's General Order No. 2015-06.) If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees from Shadle. In making such a request, Shadle must complete the USM 285 form to be submitted to the Clerk of the Court with the completed summons form. Without these documents, the United States Marshal will not serve process. Upon receipt of the completed forms, the Clerk of Court the will sign the summons form and forward it to the United States Marshal for service on Kohl, together with a copy of the Complaint. The Clerk of the Court is directed to set the following pro se case management deadline: June 8, 2016: check for completion of service of process. Ordered by Chief Judge Laurie Smith Camp. (Copy of the Complaint, a copy of this Memorandum and Order, and one summons form and one USM 285 Form mailed to pro se party) (KLF)
April 20, 2016
PDF | More
ORDER that filing no. 11, part 2, regarding the plaintiff's motion to appoint counsel is granted. Chief Judge Smith Camp has authorized the undersigned to appoint counsel pursuant to the provisions of the Federal Practice Fund. The particular lawyer to be appointed will be selected by the undersigned in the near future. The plaintiff's motion for miscellaneous relief 8 is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
April 26, 2016
PDF | More
MEMORANDUM AND ORDER - Jeanelle R. Lust is hereby appointed to represent Plaintiff. She shall promptly enter her appearance. With the agreement of Chief Judge Smith Camp, and pursuant to the Amended Plan for the Administration of the Federal Practice Fund and the Federal Practice Committee, Part II.A.1.a, the Clerk shall promptly disburse to Ms. Lust $1,000 as an initial fee. Ms. Lust shall be paid an additional fee of $1,000 upon completion of the case. Should Plaintiff succeed and Ms. Lust is awarded attorney fees and expenses as a prevailing party that exceed $2,000 plus expenses, she shall reimburse the fund for the fees and expenses paid from the Federal Practice Fund. Ms. Lust may also seek prior ex parte authorization from the District Judge who is ultimately assigned to this case for additional funds to be disbursed from the Federal Practice Fund to defray her necessary expenses. Plaintiff is herewith advised to be patient. Ms. Lust is a busy practitioner and she will be in contact with Plaintiff as soon as reasonably possible. The Clerk shall mail copies of this Memorandum and Order to the Plaintiff and to Ms. Lust, whose address is Knudsen Law Firm, 3800 VerMaas Place, Suite 200, Lincoln, NE 68502, and whose telephone number is 402.475.7011. The Clerk shall also provide a copy to Pat Williamson. The undersigned recommends to the District Judge and the Magistrate Judge who are ultimately assigned to consider issuing a progression order after consultation with counsel. The Plaintiff is now represented by counsel. At the direction of the undersigned, this case is removed from the pro se docket. The Clerk's office shall randomly assign new judges to this case and shall request a reassignment order from the Chief Judge. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (KLF)
August 29, 2016
PDF | More
ORDER - Pursuant to the Stipulation of the Plaintiff and Defendant, and the Court being fully advised, it is hereby ordered that the Plaintiff's claims against the Defendant are dismissed, without prejudice, each party to pay their own costs. IT IS SO ORDERED. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
October 18, 2016
PDF | More
ORDER that the court notes that defendant Dr. Randy Kohl has already filed a brief in opposition to plaintiff's pro se motion, Filing No. 42. The court will permit counsel for the plaintiff to file a response to plaintiff's pro se Motion to Reconsider and Withdrawal of Agreement, Filing No. 41, within 10 days of the date of this order. The Clerk's Office shall mail a copy of this order to plaintiff at the address listed in Filing No. 41. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed as directed) (ADB)