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14-298 - Brown v. Strong et al


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14-298 - Brown v. Strong et al
October 1, 2014
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MEMORANDUM AND ORDER provisionally granting the Plaintiff's 2 Motion for Leave to Proceed in forma pauperis. Plaintiff is not required to pay the filing fee in this matter. The Clerk of the court is directed to send a copy of this Memorandum and Order to the appropriate officials at the Norfolk Regional Center. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and Norfolk Regional Center as directed)(MKR)
October 10, 2014
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STRICKEN-MEMORANDUM AND ORDER- Upon initial review of the habeas corpus petition (Filing No. 1), the Court preliminarily determines that petitioner's claims, as set forth in this Memorandum and Order, are potentially cognizable in federal court. The clerk of the court is directed to mail copies of this Memorandum and Order and the Petition to respondent and the Nebraska Attorney General by regular first-class mail. By November 24, 2014, respondent shall file a motion for summary judgment or state court records in support of an answer. If respondent elects to file a motion for summary judgment, the procedures set forth within the other shall be followed by respondent and petitioner. If respondent elects to file an answer, procedures set forth within the order shall be followed by respondent andpetitioner. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 11/24/2014: deadline for respondent to file state court records in support of answer or motion for summary judgment.) (Pro Se Case Management Deadline set for 12/23/2014: check for respondent to file answer and separate brief. )Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and as directed)(MKR) Modified on 10/15/2014 to strike per Order 11(MKR).
October 17, 2014
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MEMORANDUM AND ORDER - Plaintiff's request for the issuance of summons (Filing No. 12) is denied. Plaintiff's request to amend his complaint (Filing No. 7) is granted. The clerk's office is directed to update the docket text at Filing Number 7 to reflect that the document is a "Supplement to the Complaint". Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
December 9, 2014
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MEMORANDUM AND ORDER that Brown's retaliation claims against Strong and Mastny in their official capacities may proceed to service of process. All other claims against all other Defendants are dismissed without prejudice to reassertion in an amended complaint. To obtain service of process on Strong and Mastny, Brown must complete and return the summons forms that the Clerk of the Court will provide. The Clerk of the Court shall send two summons forms and two USM-285 forms to Brown together with a copy of this Memorandum and Order. Brown shall, as soon as possible, complete the forms and send the completed forms back to the Clerk of the Court. Upon receipt of the completed forms, the Clerk of the Court will sign the summons forms, to be forwarded with a copy of Brown's Complaint and the two Supplements to the Complaint to the United States Marshal for service of process. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: April 2, 2015: Check for completion of service of summons. Brown's request for a temporary restraining order is denied without prejudice to reassertion. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with forms as directed) (ADB)
December 30, 2014
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MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel 19 is denied without prejudice to reassertion. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
February 20, 2015
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Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)MEMORANDUM AND ORDER - IT IS ORDERED that: Plaintiff's Motions to Appoint Counsel dated October 7, 2014, and January 6, 2015 (Filing Nos. 8 and 21) are denied as moot in light of Plaintiff's later-filed Motion to Appoint Counsel dated February 19, 2015 (Filing No. 30). Plaintiff's latest request for the appointment of counsel (Filing No. 30) will remain pending and will be considered in conjunction with the court's review of Defendants' Motion to Dismiss. Plaintiff's Motion to Reconsider (Filing No. 18) will remain pending and will be considered in conjunction with the court's review of Defendants' Motion to Dismiss. Plaintiff's "Motion in Support of Complaint" (Filing No. 29) is an improper second response to Defendants' Motion to Dismiss and is denied. To the extent Plaintiff seeks to amend his claims to include additional allegations of retaliation, he must do so in a properly-filed amended complaint.
April 7, 2015
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MEMORANDUM AND ORDER that Plaintiff must file an amended complaint within 30 days that identifies each defendant by name and states all of his claims (and any supporting factual allegations) against that defendant. Failure to do so will result in the court dismissing this action without prejudice and without further notice for failure to prosecute it. Plaintiff is ordered not to file any other amended pleadings or supplements to his pleadings, aside from the one contemplated in the preceding paragraph, without first obtaining leave of the court as required by Rule 15 (a) of the Federal Rules of Civil Procedure, and Rule 15.1 of the local rules of this court. Plaintiff's Motion to Appoint Counsel (Filing No. 30) is denied. In light of the foregoing, Plaintiff's Motion for Reconsideration (Filing No. 18) and Motions to Amend Complaint (Filing Nos. 32 and 35), and Defendants' Motion to Dismiss Complaint (Filing No. 23) are denied as moot. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)
September 29, 2015
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MEMORANDUM AND ORDER that State Defendants' Motion to Dismiss (Filing No. 39) is granted in part and denied in part. Brown's claims against Bob Gibson, TiLnne Bouer, Kristine Simmons, John Kroll, and Nancy Wragge are dismissed in their entirety. Brown's official capacity claims against Lori Strong and Dianna Mastny are dismissed, as are Brown's "failure-to-redirect" claims against Strong and Mastny. The only claims remaining in this action are Brown's retaliation claims against Strong and Mastny in their individual capacities. Brown's claims against Defendant Matthew Pokorney are dismissed for failure to state a claim in accordance with this court's authority to screen in forma pauperis complaints. See 28 U.S.C. ยง 1915(e). Brown's Motion to Appoint Counsel (Filing No. 42) is denied. Strong and Mastny must answer the Amended Complaint within 14 days in accordance with Rule 12(a)(4)(A) of the Federal Rules of Civil Procedure. The court will enter an order progressing this matter to final disposition following the filing of an answer. Brown's motions seeking discovery in this case (Filing Nos. 46 and 47) are denied. The order progressing this matter to final disposition will provide the parties with a schedule for conducting discovery. The clerk of the court is directed to set the following pro se case management deadline: October 12, 2015: check for answer. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
October 28, 2015
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Brown's Motions for Reconsideration (Filing Nos. 51 and 53) are denied. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
December 16, 2015
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ORDER that Plaintiff's motion for extension of time, (Filing No. 58), is granted, and the Defendants' objection to Plaintiff's untimely discovery requests, (Filing No. 64), is overruled. Defendants' answers and responses to Plaintiff's requests for production and interrogatories shall be served on or before January 15, 2016. Plaintiff's motion for protective order, (Filing No. 59), is denied. On or before December 23, 2015, Plaintiff shall fully answer Defendants' interrogatories and mail a copy of those answers to counsel for Defendants. The deposition deadline is extended to January 27, 2016. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (JSF)
January 27, 2016
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PROTECTIVE ORDER regarding joint stipulation for protective order 80 pertaining to certain records of the Nebraska Department of Health and Human Services. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
May 4, 2016
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MEMORANDUM AND ORDER that Defendants' motion for summary judgment 85 is granted, and Plaintiff's claims against them are dismissed with prejudice. Plaintiff's motion to compel discovery 89 is denied. Defendants' motion to strike 93 is granted, and these portions of Plaintiff's evidentiary materials are stricken: a. Paragraph 18 of Filing Nos. 92-1, 92-2, 92-3, and 92-4; and b. Paragraphs 9 and 11 of Filing No. 92-13. Plaintiff's motion for summary judgment 96 is denied. Plaintiff's objection to motion to strike 99 is denied. Plaintiff's motion to appoint counsel 100 is denied. Plaintiff's motion for depositions 101 is denied. Defendants' (second) motion to strike 104 is granted, and Paragraphs 9 and 11 of Filing No. 92-13 are stricken. Final judgment shall be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
May 20, 2016
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ORDER Plaintiff is granted leave to proceed in forma pauperis on appeal. 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 and as directed)(MKR)
June 8, 2017
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ORDER - that Defendants' Notice of Withdrawal (Filing No. 123) is granted, and the clerk of the court shall terminate Bijan Koohmaraie as an attorney of record for Defendants. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)