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16-3159 - Ditter v. Nebraska Department of Correctional Services et al


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16-3159 - Ditter v. Nebraska Department of Correctional Services et al
October 18, 2016
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ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $24.57 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: November 17, 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. (Copies mailed as directed) (KLF)
January 30, 2017
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relief can be granted. Plaintiff's request for the appointment of counsel is denied. Plaintiff may file an amended complaint solely related to his 42 U.S.C. § 1983 claim against Correct Care Solutions within 30 days of the date of this Memorandum and Order. Plaintiff's amended complaint shall be considered supplemental to Plaintiff's initial Complaint. Plaintiff's failure to file an amended complaint in accordance with this Memorandum and Order will result in the STRICKEN - MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's 42 U.S.C. § 1983 claim against defendants NDCS, Frakes, Kohl, Ogden, and Mathews in their official capacities is dismissed for failure to state a claim upon which relief can be granted. Plaintiff's 42 U.S.C. § 1983 claim against defendants Frakes, Kohl, Ogden, and Mathews in their individual capacities brought under the Eighth and Fourteenth Amendments alleging that the defendants subjected him to cruel and unusual punishment by being deliberately indifferent to his serious dental needs shall go forward. As to defendant Correct Care Solutions, Plaintiff is granted leave to file an amended complaint alleging facts that would indicate that Correct Care Solutions has a policy or custom of deliberately disregarding state prisoners' objectively serious dental needs, to the extent Plaintiff can plausibly and truthfully do so. Plaintiff's claim under the ADA is dismissed for failure to state a claim upon which relief can be granted. Plaintiff's state-law claim under the Nebraska Correctional Health Care Services Act, Neb. Rev. Stat. §§ 83-4,153 to 83-4,165 (Westlaw 2016), is dismissed for failure to state a claim upon whichcourt dismissing this case without further notice to Plaintiff. The clerk of the court is directed to set the following pro se case management deadline: March 6, 2017: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL) Modified on 1/30/2017 to strike per Memorandum and Order 12(TCL).
January 30, 2017
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MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's 42 U.S.C. § 1983 claim for injunctive relief against defendant NDCS and against defendants Frakes, Kohl, Ogden, and Mathews in their individual and official capacities brought under the Eighth and Fourteenth Amendments alleging that the defendants are subjecting him to cruel and unusual punishment by being deliberately indifferent to his serious dental needs shall go forward. As to defendant Correct Care Solutions, Plaintiff is granted leave to file an amended complaint alleging facts that would indicate that Correct Care Solutions has a policy or custom of deliberately disregarding state prisoners' objectively serious dental needs, to the extent Plaintiff can plausibly and truthfully do so. Plaintiff's claim under the ADA is dismissed for failure to state a claim upon which relief can be granted. Plaintiff's state-law claim under the Nebraska Correctional Health Care Services Act, Neb. Rev. Stat. §§ 83-4,153 to 83-4,165 (Westlaw 2016), is dismissed for failure to state a claim upon which relief can be granted. Plaintiff's request for the appointment of counsel is denied. Plaintiff may file an amended complaint solely related to his 42 U.S.C. § 1983 claim against Correct Care Solutions within 30 days of the date of this Memorandum and Order. Plaintiff's amended complaint shall be considered supplemental to Plaintiffs initial Complaint. Plaintiff's failure to file an amended complaint in accordance with this Memorandum and Order will result in the court dismissing this case without further notice to Plaintiff. The clerk of the court is directed to set the following pro se case management deadline: March 6, 2017: check for amended complaint. The previously filed Memorandum and Order entered in this case (Filing No. 11) is hereby vacated and shall be stricken. Ordered by Senior Judge Richard G. Kopf. (Copy mailed-mailed to pro se party)(TCL)
April 12, 2017
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MEMORANDUM AND ORDER - Plaintiff's 42 U.S.C. § 1983 Eighth and Fourteenth Amendment claims for prospective injunctive relief against defendants Nebraska Department of Correctional Services, Correct Care Solutions, and defendants Scott Frakes, Randy T. Kohl, Ronald Ogden, and Lisa Mathews in their individual and official capacities may proceed to service of process. The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk of the court is directed to file under seal any document containing the last-known personal addresses for the defendants. The clerk of the court is directed to set the following pro se case management deadline: July 13, 2017: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
May 15, 2017
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MEMORANDUM AND ORDER - that Plaintiff's Motion for Appointment of Counsel (Filing19) is denied without prejudice to reassertion should this matter ultimately bescheduled for trial. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
October 11, 2017
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MEMORANDUM AND ORDER - Plaintiff's Motion for Appointment of Counsel (Filing No. 38) is denied without prejudice. Plaintiff's Motion for an Order to Produce Plaintiff for an Examination by an Outside Oral Surgeon (Filing No. 40) is denied. Defendants' Motion to Dismiss Dr. Ronald Ogden and Correct Care Solutions, LLC, (Filing No. 43) pursuant to Fed. R. Civ. P. 12(b)(1) is granted in part, and these Defendants are dismissed only insofar as Plaintiff's claim for injunctive relief is concerned. The Motion to Dismiss is denied in part as to Plaintiff's forthcoming request for monetary relief against Defendants Ogden and Correct Care Solutions, LLC, to be included in Plaintiff's anticipated Second Amended Complaint. Plaintiff's Motion for Permission to Amend Complaint to Add Nominal, Compensatory, and Punitive Money Damages (Filing No. 50) and Plaintiff's Motion for Leave to Amend or File Supplemental Pleadings (Filing No. 54) are granted, and Plaintiff shall file a Second Amended Complaint only to add a request for money damages. Plaintiff shall add no additional claims or defendants. Plaintiff's Second Amended Complaint shall be filed on or before October 30, 2017, and such Complaint shall be considered as supplemental to Plaintiff's Complaint (Filing No. 1) and Amended Complaint (Filing No. 14). Plaintiff shall not file any additional motions to amend his complaints. Plaintiff's Motion to Compel (Filing No. 52) is denied. The Clerk of Court shall term the parties' "objections" (Filing Nos. 48, [50-2], 53), and such objections shall be treated as briefs in opposition. The stay of discovery entered on August 2, 2017, (Filing No. 47) as to Defendants Ogden and Correct Care Solutions, LLC, is lifted. A new Progression Order (Filing No. 36) will be issued in due course. The Clerk of Court shall set a pro se case management deadline as follows: October 30, 2017 - Plaintiff's Second Amended Complaint due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
October 16, 2017
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ORDER that the Motion for Extension of Time to Respond to Plaintiff's First Set of Interrogatories (Filing No. 57) filed by defendants Ronald Ogden, DDS, and Correct Care Solutions, LLC, is granted, and such responses shall be due on or before November 8, 2017. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MLF, )
April 12, 2018
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ORDER - Defendants' Joint Motion to Amend Progression Order (Filing No. 97) is GRANTED. The deadlines set forth in the Revised Order Setting Schedule for Progression of Case (Filing No. 56) are suspended until further order of the court. The Final Pretrial Conference before the Magistrate Judge, currently set for May 3, 2018, at 10:00 a.m. is cancelled and shall be rescheduled, if necessary, following the disposition of Defendants' pending Motions for Summary Judgment (Filing Nos. 81 & 84). 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. (Copies mailed to pro se party and e-mailed as directed) (KLF)
May 11, 2018
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MEMORANDUM AND ORDER - Defendants' Motions for Summary Judgment (Filing No. 81; Filing No. 84) are granted. The pending Motions filed by Plaintiff (Filing Nos. 67, 71, 75, 77, 79, 86, 87, 92, 93, 99) are denied. Judgment shall be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)