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06-290 - Stanko v. Patton et al


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06-290 - Stanko v. Patton et al
April 3, 2006
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MEMORANDUM AND ORDER that, based on 28 U.S.C. 1915A(b)(1) and 42 U.S.C. 1997e(a) of the Prison Litigation Reform Act, because the plaintiff's claims are frivolous and because he failed to exhaust his administrative remedies, the plaintiff's complaint and this action are dismissed, without prejudice, prior to service of process on any defendant. A separate judgment will be entered in accordance with this Memorandum and Order. Signed by Judge Richard G. Kopf on 4/3/2006. (CS, )
March 28, 2007
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MEMORANDUM AND ORDER regarding Mandate/Judgment of Remand, 11. IT IS ORDERED that: 1. The plaintiff is granted forty (40) days from the date of this Memorandum and Order to file an Amended Complaint. 2. The Clerk of Court shall send the plaintiff a total of four blank summons forms for service of process upon defendants-Patton and Glaser in their individual and official capacities. The plaintiff shall complete the forms and, as soon as possible, send the completed summons forms back to the Clerk of Court for signature. The forms will then be returned to the plaintiff for service on the defendants. (etc). ***Set/Reset All Deadlines: Amended Complaint due by 5/8/2007. Service of Summons due by 7/29/2007.Ordered by Judge Richard G. Kopf. (4 summons forms mailed to plaintiff.)(JAR)
March 28, 2007
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ORDER. It is ordered that the clerk of the court shall mail Plaintiff copies of this and the previous Memorandum and Order, together with summons forms, in care of Roger I. Roots, 113 Lake Drive East, Livingston, MT 59047. Ordered by Judge Richard G. Kopf. (KLL, )
April 26, 2007
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ORDER granting 16 Motion for Leave to Proceed in forma pauperis and denying 17 Motion to change place of trial. IT IS ORDERED that: 1. Defendant's motion for leave to proceed in forma pauperis (filing 16) is granted, and, accordingly: a. The Clerk of Court shall provide the plaintiff with a Form 285 for service of summons on each defendant and a copy of this order. b. The plaintiff shall, as soon as possible, provide the Clerk with the completed summons forms and completed Forms 285. In the absence of these forms, service of process cannot occur. c. Upon receipt of the completed summons form and Form 285 for each defendant, the Clerk shall sign the summons form and forward it, together with a copy of the complaint, to the U.S. Marshal for service on the defendant(s). d. The Marshal shall serve a summons and complaint on each defendant, without payment of costs or fees. Service may be effected by mail pursuant to Fed. R. Civ. P. 4 and Neb. Rev. Stat. § 25-505.01(c). 2. Defendant's motion for change of place of trial (filing 17) is denied. See NECivR 40.1 and NEGenR 1.4(a)(5). Ordered by Judge Richard G. Kopf.(JAR)
July 3, 2007
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GENERAL ORDER 07-09 concerning the management of pro se cases including supervision of pro se staff attorneys. Except for motions filed under 28 U.S.C. § 2255, and except for death penalty cases, Judge Kopf is assigned the overall responsibility for the management of pro se cases in the District of Nebraska and all previously filed pro se cases referred to Magistrate Judge Gossett or Magistrate Judge Thalken are herewith reassigned to Magistrate Judge Piester. The clerk's office shall file this order in each pending case referred to the Pro Se Docket in CM/ECF. Ordered by Chief Judge Bataillon. (JAR)
December 21, 2007
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MEMORANDUM AND ORDER regarding pending motions. Accordingly, IT IS ORDERED that: 1. Filing 48, Defendants' motion for an extension of time, is denied without prejudice, as moot. 2. Filing 57, Defendant Heatley's motion for summary judgment, is denied. 3. Filing 66, Defendants' motion for judgment on the pleadings, is denied. 4. Filing 71, Plaintiff's motion for leave to file an amended complaint, is granted instanter. The clerk is directed to take the signed copy of the amended complaint attached to filing 71, and re-docket it as a Amended Complaint in the ECF system. The clerk is then directed to send the plaintiff 2 summons and 285 forms for his completion and return. Upon receipt of the completed summons and 285 forms the clerk shall forward the same to the United States Marshal for service. 5. Filing 74, Plaintiffs motion for admission of evidence, is denied. 6. Filings 76, 79, and 81, Defendants' "objections" to Plaintiff's motions, are stricken as improper filings. 7. Filing 78, Plaintiffs motion for a free copy of the local rules, is denied. 8. On the court's own motion, the progression schedule (filing 31) is amended at paragraph 5 to provide that all motions for summary judgment or partial summary judgment shall be filed by March 17, 2008. 9. The clerk of the court is directed to establish a pro se case management deadline in this case using the following text: "March 17, 2008: summary judgment deadline." Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party with 2 summons and 285 forms)(JAB)
May 30, 2008
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MEMORANDUM AND ORDER - Defendant's John Does 1x through 5x, Barbara Glazer, John Hubbard, and Robert Patton shall have until June 30, 2008 to file a supplemental brief and supporting documents if they wish to address the remaining claims asserted in Plaintiff's Amended Complaint in Case No. 8:06cv290. Plaintiff shall have until July 14, 2008 to file a response to Defendants'submission. In the event that Defendants do not supplement their Motion for Summary Judgment, the Motion will be deemed fully submitted. The June 11, 2008 pretrial conference scheduled before Magistrate Judge Piester in Case No. 8:06cv510 shall be rescheduled for September 8, 2008 at 9:00 a.m. The Clerk of court shall file this Memorandum and Order in both Case No. 8:06cv290 and Case No. 8:06cv510. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG, )
July 24, 2008
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MEMORANDUM AND ORDER regarding motions. The Motions for Summary Judgment (filing nos.96, 99) in 8:06CV290 are granted. The Motion for Summary Judgment (filing no. 104) in 8:06CV510 is granted. The Motion to Consolidate (filing no. 123) in 8:06CV510 is denied as moot. A separate judgment will be filed in each of these cases. This Memorandum and Order will be filed in each of these cases. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKL)
September 11, 2008
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MEMORANDUM AND ORDER - Plaintiff's Motion to Proceed In Forma Pauperis on Appeal (filing no. 118) is granted. Plaintiff shall pay an initial partial appellate filing fee of $7.37 by October 14, 2008. After payment of the initial partial appellate filing fee, Plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b) (2), and shall forward those payments to the court. The Clerk of court shall send a copy of this order to the parties, to the appropriate officer for Plaintiff's institution, and to the Eighth Circuit Court of Appeals. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(GJG, )