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16-217 - Brown v. Houston et al


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16-217 - Brown v. Houston et al
May 18, 2016
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MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Marvin L. Brown, Jr. shall pay an initial partial filing fee of $35.56 by 6/17/2016, unless an enlargement of time is granted in response to a written motion. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: June 17, 2016: initial partial filing fee payment due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (JSF)
May 18, 2016
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MEMORANDUM AND ORDER denying 4 Motion to Appoint Counsel. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
June 1, 2016
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MEMORANDUM AND ORDER granting Plaintiff's motion 10 requesting the return of his Complaint and its attached exhibits. The clerk of court shall return to Plaintiff the original documents that comprise Filing No. 1 and its attachments if the clerk of court still maintains possession of such documents. Plaintiff is cautioned that this is a one-time accommodation, and he shall follow the court's local rules for future filings. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party as directed) (JSF)
June 7, 2016
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ORDER that the plaintiff's motion to extend time to pay initial partial filing fee 13 is granted. The plaintiff's initial partial filing fee is due on or before July 18, 2016. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
July 11, 2016
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MEMORANDUM AND ORDER - Plaintiff's Motion for Appointment of Counsel 16 is denied. Plaintiff's Motion to Amend Complaint 18 is granted, and Filing No. 18 shall be deemed Plaintiff's Supplemental Complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
September 21, 2016
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MEMORANDUM AND ORDER - Plaintiff's 42 U.S.C. § 1983 claims for monetary relief for alleged past violations of the Constitution against defendant NDCS and all other defendants in their official capacities are barred by the Eleventh Amendment and are dismissed. Plaintiff's 42 U.S.C. § 1983 claims brought under the Eighth and Fourteenth Amendments alleging that the defendants in their individual capacities subjected him to cruel and unusual punishment by being deliberately indifferent to his serious medical needs are dismissed for failure to state a claim upon which relief can be granted. Plaintiff's purported state-law claim under the Nebraska Correctional Health Care Services Act, Neb. Rev. Stat. §§ 83-4,153 to 83-4,165 (Westlaw 2016), is dismissed for failure to state a claim upon which relief can be granted. On the court's own motion, the court will give Plaintiff 30 days in which to file an amended complaint that states a plausible failure-to-accommodate claim against the NDCS and the remaining defendants in their official capacities under Title II of the ADA. Plaintiff's amended complaint shall not contain attachments; shall be considered supplemental to Plaintiff's other two complaints; and shall allege only a failure-to-accommodate claim under Title II of the ADA. Plaintiff must allege that the defendants' failure to accommodate his alleged disability has prevented him from participating in specific programs and acti16: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)vities at his correctional institution. For example, Plaintiff must specify the inadequate accommodations that are the basis for his claim (such as failure to assign him to a permanent cell that is located on the main floor so as not to require him to climb stairs and that has grab bars by the toilet and a lower bunk). Plaintiff must also specifically identify the activities, services, and programs in which he cannot participate due to the defendants' failure to accommodate Plaintiff's disability. Failure to file an amended complaint within 30 days will result in the court dismissing this case without further notice to Plaintiff. The clerk of the court is directed to set the following pro se casemanagement deadline: October 24, 20
November 28, 2016
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MEMORANDUM AND ORDER that this case may proceed to service of process as to Plaintiff's failure-toaccommodate claim under Title II of the Americans with Disabilities Act against the Nebraska Department of Correctional Services and all other defendants in theirofficial capacities EXCEPT for defendants "CHRIS," "TAYLOR," and "FALK" because Plaintiff has failed to include enough information to identify these proposed defendants for purposes of service. If Plaintiff wishes to serve process upon defendants Chris, Taylor, and Falk, he must provide the court with sufficient detail to identify and locate these defendants. The clerk of the court is directed to send to Plaintiff copies of the Complaint (Filing No. 1), Supplemental Complaint (Filing No. 18), Memorandum and Order on initial review (Filing No. 20), Supplemental Amended Complaint (Filing No. 21), and this Memorandum and Order, along with 16 summons forms and 16 USM 285 forms for service on the Nebraska Department of Correctional Services and the other defendants in their official capacities (with the exception of defendants Chris, Taylor, and Falk, as discussed in paragraph 1 above). (See attached Notice Regarding Service.) If requested to do so, the United States Marshal will serve all process in this case without prepayment of fees from Plaintiff. In making such a request, Plaintiff 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 the defendants, together with a copy of the Complaint (Filing No. 1), Supplemental Complaint (Filing No. 18), and Supplemental Amended Complaint (Filing No. 21). In the event Plaintiff asks the United States Marshal to serve process, the clerk of the court will make copies of the Complaint, Supplemental Complaint, and Supplemental Amended Complaint for service on the defendants. Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 90 days of filing the complaint. However, Plaintiff 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. (See this court's General Order No. 2015-06.) The clerk of the court is directed to set the following pro se case management deadline: March 30, 2017, check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (LAC)
August 28, 2017
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MEMORANDUM AND ORDER that Plaintiff's Motion for Partial Summary Judgment (Filing No. 54) is denied. Plaintiffs Motions for Appointment of Counsel (Filing No. 56; Filing No. 58) are denied without prejudice to reassertion. Plaintiff's Motion to Extend Deadline for Filing Interrogatories (Filing No. 59) is granted, and paragraph (1) of the Order Setting Schedule for Progressionof Case (Filing No. 53) is amended to provide that the parties may serve interrogatories on or before September 15, 2017. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
December 8, 2017
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MEMORANDUM AND ORDER that Plaintiff's "Objections" (Filing Nos. 64 & 65) are denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
February 2, 2018
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MEMORANDUM AND ORDER that the Plaintiff's Motion (Filing No. 73), construed as a Motion for Appointment of Counsel, is denied without prejudice. Plaintiff's Motion for Extension of Time (Filing No. 78) within which to respond to Defendants' Reply Brief (Filing No. 77) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
March 13, 2018
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MEMORANDUM AND ORDER - Defendants' Motion for Summary Judgment (Filing No. 66) is granted. A separate judgment will be entered. Plaintiff's Motion to Reconsider Appointment of Counsel (Filing No. 80) is denied. Ordered by Senior Judge Richard G. Kopf. Copy mailed to pro-se party. (LKO)