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17-3040 - Menyweather v. Any Known and Unknown Nebraska Department of Correctional Services Employees et al


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17-3040 - Menyweather v. Any Known and Unknown Nebraska Department of Correctional Services Employees et al
April 4, 2017
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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 $12.63 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 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: May 4, 2017: 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 to pro se party and as directed) (LAC)
June 9, 2017
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MEMORANDUM AND ORDER regarding Complaint 1 filed by Latitus Romale Menyweather. Plaintiff's claims for monetary relief against Defendants in their official capacities are dismissed as barred by the Eleventh Amendment. Plaintiff's Eighth Amendment excessive force claim against Defendant "Corporal Dossou" in his individual capacity and related assault and battery state law claim against Defendant "Corporal Dossou" may proceed to service of process. All other claims against all other Defendants in their individual capacities are dismissed for failure to state a claim. Plaintiff's motion for counsel is denied without prejudice to reassertion. For service of process on Defendant "Corporal Dossou" in his individual capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant "Corporal Dossou" using the address "Diagnostic and Evaluation Center, 3220 W Van Dorn St, Lincoln, NE 68522," and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendant "Corporal Dossou" personally in his individual capacity at the Diagnostic and Evaluation Center, 3220 W Van Dorn St, Lincoln, NE 68522. The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. Ordered by Senior Judge Richard G. Kopf. (Copies mailed to pro se party and forms/copies provided to USM as directed) (SLP)
October 13, 2017
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MEMORANDUM AND ORDER that the Plaintiff's "Motion for Extention of Time" (Filing No. 21) is granted and Plaintiff is given until October 10, 2017, to file his "Motion for Production and Inspection of Documents." All other dates set forth in the court's progression order (Filing No. 20) are unaffected by this Memorandum and Order. 2. Plaintiff's "Motion for Production and Inspection of Documents" (Filing No. 22) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
December 1, 2017
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MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel (Filing No. 24) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
January 10, 2018
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MEMORANDUM AND ORDER that the Defendant's Motion to Seal (Filing No. 31) is granted. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
March 23, 2018
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MEMORANDUM AND ORDER that the dates contained in the Order Setting Schedule for Progression of Case (Filing No. 20) regarding preparation of the Final Pretrial Conference Order and the Pretrial Conference are stayed until the court resolves Defendant's Motion for Summary Judgment (Filing No. 28); The Final Pretrial Conference scheduled for April 5, 2018, is continued until further order of the court. The Clerk of Court shall transmit a copy of this Order to Magistrate Judge Zwart's chambers. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)