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15-102 - Harvey v. Nebraska Department of Correctional Services et al


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15-102 - Harvey v. Nebraska Department of Correctional Services et al
March 23, 2015
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MEMORANDUM and ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Jason William Harvey shall pay an initial partial filing fee of $38.04 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. Pro Se Case Management Deadline set for 4/24/2015. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in Plaintiffs 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 Judge John M. Gerrard. (Copies mailed to pro se party and as directed)(SLP) Modified on 3/23/2015 to add the word, memorandum(SLP).
July 6, 2015
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MEMORANDUM and ORDER - Harvey will have 30 days in which to file an amended complaint that states a claim for relief against a defendant who is not immune from suit. Failure to file an amended complaint within 30 days will result in the court dismissing this action without further notice. Harvey's Motion to Amend Complaint (Filing No. 5) is granted. The court will conduct further review of any amended complaint to determine whether summary dismissal is appropriate. See 28 U.S.C. §§ 1915(e) and 1915A. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(SLP)
October 19, 2015
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MEMORANDUM AND ORDER that Harvey's claims against Rademacher are dismissed. The clerk of the court is directed to send to Harvey a copy of the Amended Complaint, a copy of this Memorandum and Order, and four summons forms and four USM 285 Forms for service on Kohl and Pew in their individual and official capacities. Federal Rule of Civil Procedure 4(m) requires service of the complaint on adefendant within 120 days of filing the complaint. However, Harvey is granted, on the court's own motion, an extension of time until 120 days from the date of this order to complete service of process. If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees from Harvey. In making such a request, Harvey must complete the USM 285 forms to be submitted to the clerk of the court with the completed summons forms. Without these documents, the United States Marshal will not serve process. Upon receipt of the completed forms, the clerk of the court will sign the summons forms and forward them to the United States Marshal for service on Kohl and Pew, together with a copy of the Amended Complaint. Ordered by Judge John M. Gerrard. (Copies and forms mailed as directed)(SLP)
October 30, 2015
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MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel 13 is denied without prejudice to reassertion. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(SLP)
September 13, 2016
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ent deadline with the following text: October 13, 2016: deadline for Plaintiff to file new IFP application or pay filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party along with AO 240 form) (KLF)MEMORANDUM AND ORDER - Plaintiff must either file a new request for leave to proceed in forma pauperis or pay the court's $400.00 filing and administrative fees by October 13, 2016. Failure to take either action will result in dismissal of this matter without further notice to Plaintiff. The clerk of the court is directed to send to Plaintiff the Form AO 240, Application to Proceed Without Prepayment of Fees and Affidavit. The clerk of the court is directed to set a pro se case managem
October 17, 2016
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nior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)MEMORANDUM AND ORDER - The Motion to Dismiss Randy Kohl, in His Official Capacity Only, and Julie Pew for Insufficient Service of Process (Filing No. 19) is granted. This case may proceed as to Plaintiff's individual capacity claims against Randy Kohl. Plaintiff's claims against Randy Kohl in his official capacity are dismissed. Plaintiff's claims against Julie Pew are dismissed in their entirety. A separate order governing progression of this case will be issued. Ordered by Se
November 15, 2016
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MEMORANDUM AND ORDER - that leave to proceed in forma pauperis 25 is provisionally granted, and the complaint may be filed without payment of fees. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
December 29, 2016
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MEMORANDUM AND ORDER - that this court will not take further action on this appeal. The clerk of the court is directed to provide a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
January 24, 2017
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MEMORANDUM AND ORDER that Plaintiff's Motion for extension of time to file and complete depositions (Filing No. 37) is denied as moot. The Final Pretrial Conference scheduled for May 25, 2017, (See Filing No. 27) is canceled. The clerk's office is directed to set a pro se case management deadline using the following text: March 24, 2017, check status of appeal before Eighth Circuit. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (ADB)
February 22, 2017
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MEMORANDUM AND ORDER - Plaintiff's Eighth Amendment and medical-negligence claims against Defendant Julie Pew in her individual and official capacities and against Defendant Randy Kohl in his official capacity may proceed to service of process. For service of process on Defendants Julie Pew and Randy Kohl in their official capacities, the clerk of the court is directed to complete summons forms and USM-285 forms for Defendant Julie Pew and Defendant Randy Kohl using the address "Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509," and forward them together with a copy of the Amended Complaint, a copy of this Memorandum and Order, and a copy of the Memorandum and Order dated October 19, 2015 (Filing No. 12), to the Marshals Service. The Marshals Service shall serve Defendants Julie Pew and Randy Kohl in their official capacities at the office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509. See Federal Rule of Civil Procedure 4(j)(2); Neb. Rev. Stat. § 25-510.02 (Reissue 2016). The clerk of the court is directed to obtain a current address for Defendant Julie Pew from the United States Marshals Service for service of process on Defendant Julie Pew in her individual capacity. Once such address is obtained, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Julie Pew using the address provided by the Marshals Service and forward them together with a copy of the Amended Complaint, a copy of this Memorandum and Order, and a copy of the Memorandum and Order dated October 19, 2015 (Filing No. 12), to the Marshals Service for service of process on Defendant Julie Pew in her individual capacity. The Marshals Service shall serve Defendant Julie Pew in her individual capacity using any of the following methods: personal, residence, certified mail, or designated delivery service. See Federal Rule of Civil Procedure 4(e); Neb. Rev. Stat. § 25-508.01 (Reissue 2016). The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk of the court is directed to file under seal any document containing the personal address for Defendant Julie Pew. The clerk of the court is directed to set the following pro se case management deadline: May 22, 2017: check for completion of service of process. The clerk of the court is directed to add Julie A. Pew as a defendant in this matter. The current Progression Order (Filing No. 27) is canceled in its entirety. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)