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07-031 - Diamantopoulos v. State of Nebraska et al


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07-031 - Diamantopoulos v. State of Nebraska et al
February 5, 2007
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ORDER ON INITIAL REVIEW - The Plaintiff's Motion for Leave to Proceed in forma pauperis 2 is provisionally granted, subject to receipt of the plaintiff's trust account information, at which time, a separate Prisoner Payment Order will issue. The Clerk of Court is directed to provide the plaintiff with one summons and one Form USM-285 and a copy of this order. The plaintiff shall, as soon as possible, send the completed summons and 285 forms back to the Clerk of Court. In the absence of the completed forms, service of process cannot occur. The plaintiff shall serve the defendant within 120 days of filing the complaint, otherwise, dismissal can occur. The plaintiff shall keep the court informed of her current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Magistrate Judge F. A. Gossett. - (one blank summons and 285 forms sent as directed) (KBJ)
February 7, 2007
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PRISONER PAYMENT ORDER - The plaintiff's motion to proceed IFP 2 is granted. The plaintiff shall pay an initial partial filing fee of $71.26 by 3/14/07, unless an enlargement of time is granted in response to a written motion; in the absence of the initial partial filing fee by the specified deadline, this case may be subject to dismissal. After payment of the initial partial filing fee, the plaintiff's institution shall collect the additional monthly payments, and shall forward those installments to the court. The Clerk of Court shall send a copy of this order to the appropriate official at the plaintiff's institution. The plaintiff shall keep the court informed of his current address at all times. Prisoner Payment due by 3/14/2007. Ordered by Magistrate Judge F. A. Gossett. - (Copy to Inga Hookstra, Nebraska Dept. of Correctional Services)-(KBJ)
June 6, 2007
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MEMORANDUM AND ORDER - The Motions to Appoint Counsel 19, 27, and 51 are denied for the reasons set forth in this Order. Ordered by Magistrate Judge F. A. Gossett. (KBJ)
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 Joseph F. Bataillon. (JAR)
August 31, 2007
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MEMORANDUM AND ORDER - Plaintiff Yourgos Diamantopoulos' filing nos. 3, 12, 13, 15, 17, 18, 21, 22, 23, 24, 25, 26, 28, 29, 30, 35, 39, 41, 43, 45, 46, 47, 48, 49, and 53 are denied. Plaintiff Yourgos Diamantopoulos' filing nos. 31, 32, 34, 42, 44, and 50 are granted in part. Plaintiff is granted leave to file an amended complaint within thirty (30) days from the date of this order. Plaintiff shall not allege claims challenging the validity of his incarceration in an amended complaint. If Plaintiff does not file an amended complaint within 30 days, this matter will proceed only on the claims set forth in the original complaint (filing no. 1), subject to the dismissal contained in this order. The remaining requests contained in filing nos. 31, 32, 34, 42, 44, and 50 are denied. The Clerk of the court is directed to send to Plaintiff the Instructions for Filing a Civil Rights Claim packet. The Clerk of the court is also directed to send to Plaintiff a copy of the docket sheet in this matter. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 1, 2007: deadline for filing amended complaint. Defendant Robert Houston's motion to dismiss 37 is granted in part and denied in part without prejudice to reassertion in accordance with the Federal Rules of Civil Procedure and the Local Rules of this court. Ordered by Judge Joseph F. Bataillon. (KBJ)
November 19, 2007
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MEMORANDUM AND ORDER - Plaintiff Yourgos Diamantopoulos' motions for an order to show cause 61 and 71 are denied. Plaintiff Yourgos Diamantopoulos' motions for emergency medical transfer 65 and 70 are denied. Plaintiff Yourgos Diamantopoulos' motion for temporary restraining order 71 is denied. Defendant Robert Houston's motion to alter or amend 57 is granted as set forth in this memorandum and order. The claims against Defendant Houston and the Nebraska Department of Correctional Services which seek monetary relief are dismissed. Defendant Fred Britten is added as a Defendant in this matter. Plaintiff shall have 60 days in which to obtain service of process on Defendant Britten. The Clerk of the court shall send TWO summons forms and TWO USM-285 forms to Plaintiff together with a copy of this memorandum and order. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the Clerk of the court. The Clerk of Court is directed to set a pro se case management deadline using the following text: January 18, 2008: Check for completion of service of summons on Defendant Britten. Ordered by Judge Joseph F. Bataillon.(Copies mailed to pro se party along with two blank summons and USM-285 Forms)(KBJ)
November 29, 2007
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MEMORANDUM AND ORDER - The Clerk of the court is ordered to return the summons form directed to "Mr. Needham" to Plaintiff. Plaintiff shall submit no other summons or USM-285 forms to the Clerk of the court unless directed to do so by the court. Ordered by Judge Joseph F. Bataillon.(Copies mailed to pro se party)(KBJ)
October 14, 2008
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MEMORANDUM AND ORDER that Plaintiff's claims against Defendants are dismissed in accordance with 28 U.S.C. § 1915(e)(2.); denying as moot 89 Motion for Summary Judgment; denying as moot 92 Motion ; denying as moot 93 Motion ; denying as moot 94 Motion for Summary Judgment ; A separate judgment will be entered in accordance with this Memorandum and Order. The Clerk of the court is directed to place the 28USC1915(g)_STR flag on this matter. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB, )