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15-096 - Whitten v. City of Omaha et al


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15-096 - Whitten v. City of Omaha et al
March 16, 2015
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MEMORANDUM AND ORDER - The 2 MOTION for Leave to Proceed in forma pauperis is granted. The Complaint shall be filed without payment of fees. Plaintiff is advised that the next step in his case will be for the court to conduct an initial review of his claims to determine whether summary dismissal is appropriate under 28U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
June 18, 2015
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MEMORANDUM AND ORDER- This action may proceed to service of process. The clerk of the court is directed to send to Whitten a copy of the Complaint, a copy of this order, and two summons forms and two USM 285 forms for service of process on John Martin in his individual and official capacities. If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees from Whitten. In making such a request, Whitten must complete the USM 285 forms and submit them to the clerk of the court, together with the completed summons forms. Without these documents, the United States Marshal will not serve process. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 10/19/2015: check for completion of service) Ordered by Judge John M. Gerrard. (Copies mailed as directed)(MKR)
November 16, 2015
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FINDINGS, RECOMMENDATION AND ORDER that the Amended Complaint 12 be dismissed with prejudice regarding Plaintiff's claims against John Doe defendants and "other unknown members of the Omaha Police Department Major Crimes Unit, individually and as Officers of the Omaha Police Department." Plaintiff's motion for summons, construed as a motion for additional time to serve defendants John Martin and the City of Omaha, (Filing No. 10), is granted. The Clerk shall process the summons and USM 285 forms attached to Plaintiff's motion (Filing No. 10), to effectuate service of Plaintiff's Amended Complaint, (Filing No. 12), upon Defendants John Martin and the City of Omaha. The clerk of the court is directed to send to Whitten a copy of this order, and two summons forms and two USM 285 forms for service of process on Sergeant Sean Sheridan #1671, and on Officer Matthew Backora #1821, each in their individual and official capacities. If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees from Whitten. Whitten is granted until December 21, 2015 to complete service of process on the newly named defendants, Sergeant Sean Sheridan #1671 and Officer Matthew Backora #1821, in their individual and official capacities. The clerk of the court is directed to set the following pro se case management deadline: December 21, 2015: check for completion of service on newly named defendants. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (JSF)
December 8, 2015
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MEMORANDUM AND ORDER denying 16 Plaintiff's Motion for Leave. For the reasons stated in my prior decision and recommendation, (Filing No. 13), the undersigned magistrate judge finds Plaintiff's claims against unknown and unnamed defendants should be dismissed with prejudice. As such, Plaintiff's motion to file a second amended complaint which still names these unknown defendants will be denied. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
December 10, 2015
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MEMORANDUM AND ORDER - The Magistrate Judge's Findings and Recommendation (filing 13) are adopted. The plaintiff's objection (filing 15) is overruled. The plaintiff's claims against all John Doe defendants are dismissed with prejudice. Ordered by Judge John M. Gerrard. (MKR)
December 10, 2015
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ORDER - Plaintiff's Motion to Reassign Case to United States District Court Judge, (Filing No. 20), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy e-mailed to pro se party)(JAB)
March 25, 2016
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ORDER regarding pending motions.1) Plaintiff's motion to file an amended complaint, (Filing No. 42), is denied.2) Plaintiff's third amended complaint, (Filing No. 43), is stricken from the record. 3) Defendant's motion to dismiss the Filing No. 43 complaint, (Filing No. 44), is denied as moot.4) Plaintiff's response to Defendant's motion to dismiss, (Filing No. 39), shall be filed on or before April 6, 2016, with any reply filed on or before April 13, 2016.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 9, 2016
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MEMORANDUM AND ORDER- The defendants' motion to dismiss for failure to state a claim (filing 39) is granted in part and denied in part, as set forth above. Whitten's unlawful search claim against the individual-capacity defendants is dismissed. Whitten's motion to strike (filing 49) is denied. Whitten's motion for sanctions (filing 50) is denied. Whitten's renewed motion to strike and for sanctions (filing 53) is denied. The defendants' answer to Whitten's remaining claims shall be filed on or before August 26, 2016. Ordered by Judge John M. Gerrard. (Copy e-mailed to pro se party) (MKR)
August 28, 2016
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ORDER that Plaintiff's motion to file an appeal in forma pauperis, (Filing No. 58), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy e-mailed to pro se party) (LAC)
January 17, 2017
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ORDER that Plaintiff is given until February 7, 2017 to show cause why the court should not dismiss his claims for want of prosecution. The failure to timely comply with this order may result in dismissal of the claims filed by Plaintiff without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
February 23, 2017
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FINDINGS AND RECOMMENDATION - IT IS RECOMMENDED to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. § 636(b), that Plaintiff Matthew Whitten's claims be dismissed for want of prosecution without further notice. The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LAC)
March 10, 2017
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ORDER that the Magistrate Judge's Findings and Recommendation (filing 65) are adopted. This case is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)