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16-3027 - Stokes v. White


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16-3027 - Stokes v. White
February 24, 2016
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MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $4.32 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), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: March 25, 2016: 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 Senior Judge Richard G. Kopf. (Copy mailed as directed) (LAC)
June 7, 2016
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MEMORANDUM AND ORDER that the court will give Plaintiff 30 days in which to file an amended complaint that states a claim on which relief may be granted against the defendant. The clerk is directed to set a pro se case management deadline for July 8, 2016: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
July 6, 2016
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ORDER granting 8 Motion for Extension of Time to file an amended complaint. Plaintiff shall file his amended complaint by 8/8/2016. Failure to file an amended complaint by 8/8/2016 will result in the court dismissing this case without further notice to Plaintiff. The clerk is directed to set a Pro Se Case Management Deadline for 8/11/2016: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
August 18, 2016
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MEMORANDUM AND ORDER - This matter may proceed to service of process as to Plaintiff's Eighth Amendment and equal protection claims against defendant Scott White in his individual and official capacities. The clerk of the court is directed to send to Plaintiff a copy of the Amended Complaint, a copy of this Memorandum and Order, and 2 summons forms and 2 USM 285 Forms for service on defendant Scott White in his individual and official capacities. (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, Plaintiff 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 Plaintiff. In making such a request, Plaintiff must complete the USM 285 forms to be submitted to the clerk of the court with the completed summons forms. Without these documents, the United States Marshal will not serve process. Upon receipt of the completed forms, the clerk of the court will sign the summons forms and forward them to the United States Marshal for service on the defendant, together with a copy of the Amended Complaint. The clerk of the court is directed to set the following pro se case management deadline: December 21, 2016: check for completion of service of process. Plaintiff's request to appoint counsel is denied. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed to pro se party) (KLF)
November 8, 2016
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ORDER that the Plaintiff's Motion for Extension of Time to File Reply to Defendant's Answer (Filing No. 17) is denied. A progression order governing how this case will proceed shall now be issued. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
December 6, 2016
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ORDER - that Plaintiff's Motion for Appointment of Counsel (Filing No. 21) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
January 3, 2017
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ORDER - that the defendant's Motion for Extension of Time to Respond to Plaintiff's Discovery Requests (Filing No. 27) is granted, and the defendant's responses shall be filed on or before February 8, 2017. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
January 9, 2017
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ORDER - that Plaintiff's Motion for Extension of Time to Answer Defendant's Interrogatories, Admissions, and Production of Documents (Filing No. 29) is granted, and Plaintiff's responses shall be filed on or before February 13, 2017. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
January 18, 2017
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MEMORANDUM AND ORDER that Plaintiff's Motion for Extension of Time to Amend Pleadings (Filing No. 30) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
February 14, 2017
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ORDER that the Plaintiff's Motion for Extension of Time for Depositions (Filing 37) is granted, and such depositions shall be completed by March 17, 2017. The Progression Order (Filing 19) shall be amended accordingly and will be issued in due course. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
April 12, 2017
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MEMORANDUM AND ORDER - that Defendants' Motion to Extend Time (Filing 49) to file dispositive motions, currently set for April 14, 2017, is GRANTED, and the court's Amended Order Setting Schedule for Progression of Case (Filing 39) shall be amended to reflect additional date changes caused by this extension of time. A Second Amended Order Setting Schedule for Progression of Case shall be issued in due course. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
April 26, 2017
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MEMORANDUM AND ORDER that the Defendant's Motion for Court Order Requiring Compliance With Subpoena (Filing 40) is GRANTED in part. Specifically, within 21 days of the date of this order, the Nebraska Department of Correctional Services shall provide to Defendant the items requested in Filing 41-2 (List of Documents and Other Stored Information), limited as follows: Plaintiff's complete medical record from March 12, 2015, to the present (Filing 41-2 1, 2); and All remaining materials requested (Filing 41-2 3-12) only insofar as they contain information about Plaintiff's medical condition, Plaintiff's medical complaints and responses thereto, and medical treatment provided to (or denied) Plaintiff. Defendant shall designate and treat the information disclosed pursuant to paragraph (1) above as confidential, and use of such documents shall be limited to this action. Defendant's Motion to Strike (Filing 47) is GRANTED, and Plaintiff's discovery requests (Filings 43, 44, 45, 46) are stricken. Plaintiff's Motion for Extension of Time for Motions to Compel Discovery and Dispositive Motions (Filing 52) is DENIED as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
June 7, 2017
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Partial Summary Judgment on or before June 21, 2017; 3. Defendant's response to Plaintiff's Motion (Filing No. 57) for Partial Summary Judgment may also include Defendant's reply in support of his Motion(Filing No. 55) for Summary Judgment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)ORDER - 1. Defendant's Motion (Filing No. 59) to Extend Time to Respond toPlaintiff's Motion (Filing No. 57) for Partial Summary Judgment is granted; 2. Defendant shall file his response to Plaintiff's Motion (Filing No. 57) for
June 12, 2017
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ORDER that Plaintiff's Motion to Leave to Amend Summary Judgment (Filing No. 62) is denied because any "errors" Plaintiff needs to correct may be included in his reply to Defendant's response to Plaintiff's Motion for Partial Summary Judgment (Filing No. 57). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
June 13, 2017
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Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)ORDER that the Plaintiff's Motion to Extend Time (Filing No. 64) in which to respond to Defendant's Motion for Summary Judgment (Filing No. 55) is granted. Plaintiff shall file his response to Defendant's Motion for Summary Judgment (Filing No. 55) on or before June 30, 2017. Defendant may file a reply to Plaintiff's response on or before July 7, 2017. Because Defendant was previously (Filing No. 61) given permission to combine his reply in support of his Motion for Summary Judgment (Filing No. 55) with his response to Plaintiff's Motion for Partial Summary Judgment (Filing No. 57), the deadlines with respect to Plaintiff's Motion for Partial Summary Judgment (Filing No. 57) shall also be extended as follows: Defendant shall file his response to Plaintiff's Motion for Partial Summary Judgment (Filing No. 57) on or before June 30, 2017, and Plaintiff may file a reply to Defendant's response on or before July 7, 2017.
July 18, 2017
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ORDER Defendant's Motion to Continue Progression Order Deadlines (Filing No.70) is GRANTED. The deadlines set forth in paragraphs 5(a) and 5(b) of the Second Amended Order Setting Schedule for Progression of Case (Filing No. 53) are suspended until further order of the court. The Final Pretrial Conference before the Magistrate Judge, currently set for September 7, 2017, at 9:30 a.m. is cancelled and shall be rescheduled, if necessary, following the disposition of the parties' pending Motions for Summary Judgment (Filing Nos. 55 & 57). The Clerk of the Court shall send a copy of this Order to Magistrate Judge Zwart's chambers. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (LAC)
September 19, 2017
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ORDER regarding Judgment74. 1. On or before October 6, 2017, Plaintiff shall file a document in the above-captioned case indicating whether he wishes to pursue his appeal in light of the fact that filing of a notice of appeal will make him liable for payment of the full $505.00 appellate filing fee regardless of the outcome of the appeal. 2. If Plaintiff wishes to pursue his appeal in light of the information provided to him in this order, the court shall grant Plaintiff leave to proceed in forma pauperis on appeal and shall process the appeal. ***( Pro Se Case Management Deadline set for 10/6/2017. Plaintiff to advise court whether he wishes to pursue appeal.) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
October 10, 2017
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ORDER that the Plaintiff's Motion for Leave to Appeal in Forma Pauperis (Filing No. 78) is granted. The Clerk of Court shall provide the Eighth Circuit Court of Appeals with a copy of this order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
October 30, 2017
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ORDER - The Motion for Withdrawal of Elizabeth A. Gregory asCounsel (Filing 87) is granted. Ordered by Senior Judge Richard G. Kopf. (JAB) Modified on 10/30/2017 to reflect copy mailed to pro se party. (JAB)
November 16, 2017
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ORDER regarding MOTION to Extend89 filed by Michael Tee Stokes, Sr. The Clerk of Court shall send a copy of Plaintiff's Motion to Extend Time(Filing No. 89) to the Eighth Circuit Court of Appeals for disposition; The Clerk of Court shall terminate Filing No. 89 as a pending motion; The court notes that it is still awaiting the inmate trust account information from the Nebraska Department of Correctional Services, as requested on October 16,2017, (Filing No. 85) in order to calculate and collect the appellate filing fee for the Eighth Circuit Court of Appeals, as directed in Filing No. 86. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and e-mailed to USCA-8th Circuit)(JAB)
December 6, 2017
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MEMORANDUM AND ORDER that Pursuant to the court's order (Filing No. 80) granting Plaintiff's Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing No. 78) and 28 U.S.C. § 1915, Plaintiff shall pay an initial partial filing fee of $.70 within 30 days unless an enlargement of time is granted in response to a written motion. After payment of the initial partial filing fee, Plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution and to the Eighth Circuit Court of Appeals.Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC)