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16-470 - Franklin v. Frakes et al


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16-470 - Franklin v. Frakes et al
October 28, 2016
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. 4) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(GJG)MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. Plaintiff must pay an initial partial filing fee of $13.00 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. 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: November 28, 2016: initial partial filing fee payment due. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in Plaintiff's 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. Plaintiff's Motion for Appointment of Counsel (Filing No
January 30, 2017
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MEMORANDUM AND ORDER that Plaintiff shall file an amended complaint no later than March 1, 2017. Should Plaintiff fail to do so, this action will be dismissed without further notice. The clerk of court is directed to set a case management deadline using the following text: March 1, 2017: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
March 20, 2017
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MEMORANDUM AND ORDER that this matter is dismissed without prejudice because Plaintiff failed to prosecute it diligently and failed to comply with this court's order to file an amended complaint that complied with Rule 8 of the Federal Rules of Civil Procedure. The court will enter judgment by a separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
March 22, 2017
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MEMORANDUM AND ORDER that the clerk's office shall reopen this matter. Plaintiff is ordered to file an amended complaint no later than April 5, 2017. Should Plaintiff fail to do so, this action will be dismissed without further notice. The clerk of court is directed to set a pro se case management deadline using the following text: April 5, 2017: check for amended complaint. The Order and Judgment dated March 20, 2017, dismissing this matter without prejudice are vacated. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
April 10, 2017
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MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel (Filing No. 18) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
May 11, 2017
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MEMORANDUM AND ORDER that the following claims may proceed to service of process. Plaintiff must identify John Does 1-10 and the OCC "second shift supervisor" during July of 2015 before his claims against them can proceed to service of process. Plaintiff will have 30 days from the date of this Memorandum and Order to take reasonable steps to identify John Does 1-10 and the OCC "second shift supervisor" during July of 2015 and notify the court of their names, after which the court will initiate service of process. Failure to do so will result in dismissal of the following claims without prejudice and without further notice. The following claims may proceed to service of process against these Defendants once identified. Plaintiff's remaining federal claims against Defendants are dismissed for the reasons set forth in this Memorandum and Order, with the caveat that any individual defendant will be reinstated if later identified as one of the John Does. Plaintiff's request for a temporary injunction is denied. Plaintiff's request for the appointment of counsel is denied without prejudice to reassertion. The clerk of the court is directed to add Charles Rine, Assistant Warden and to reinstate McClyment, Case Manager (previously McClymont, Lieutenant) as defendants in this matter. For service of process on Defendants Fred Britten and Charles Rine in their official capacities, the clerk of the court is directed to complete 2 summons forms and 2 USM-285 forms for Defendants Fred Britten and Charles Rine 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 (Filing No. 19) and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendants Fred Britten and Charles Rine 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). For service of process on Defendant Fred Britten in his individual capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Fred Britten using the address "Diagnostic and Evaluation Center, 3220 West Van Dorn Street, Lincoln, NE 68522" and forward them together with a copy of the Amended Complaint (Filing No. 19) and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendant Fred Britten personally in his individual capacity at the Diagnostic and Evaluation Center, 3220 West Van Dorn Street, Lincoln, NE 68522. Service may also be accomplished by using any of the following methods: residence, certified mail, or designated delivery service. See Federal Rule of Civil Procedure 4(e); Neb. Rev. Stat. § 25-508.01 (Reissue 2016). For service of process on Defendants "Case Manager McClyment" and "Unit Administrator Weiss" in their individual capacities, the clerk of the court is directed to complete 2 summons forms and 2 USM-285 forms for Defendants "Case Manager McClyment" and "Unit Administrator Weiss" using the address "Omaha Correctional Center, 2323 Avenue J Street, Omaha, NE 68110" and forward them together with a copy of the Amended Complaint (Filing No. 19) and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendants "Case Manager McClyment" and "Unit Administrator Weiss" personally in their individual capacities at the Omaha Correctional Center, 2323 Avenue J Street, Omaha, NE 68110. Service may also be accomplished by using any of the following methods: residence, certified mail, or designated delivery service. See Federal Rule of Civil Procedure 4(e); Neb. Rev. Stat. § 25-508.01 (Reissue 2016). The clerk of the court is directed to obtain the last-known addresses for Defendants Charles Rine, Dennis Bakewell, and Diane Sabatka-Rine from the United States Marshals Service for service of process on Defendants Charles Rine, Dennis Bakewell, and Diane Sabatka-Rine in their individual capacities. Once such addresses are obtained, the clerk of the court is directed to complete 3 summons forms and 3 USM-285 forms for Defendants Charles Rine, Dennis Bakewell, and Diane Sabatka-Rine using the addresses provided by the Marshals Service and forward them together with a copy of the Amended Complaint (Filing No. 19) and a copy of this Memorandum and Order to the Marshals Service for service of process on Defendants Charles Rine, Dennis Bakewell, and Diane Sabatka-Rine in their individual capacities. Service may be accomplished by 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 documents containing the last-known personal addresses for Defendants Charles Rine, Dennis Bakewell, and Diane Sabatka-Rine. The clerk of the court is directed to set the following pro se case management deadline: June 12, 2017: check if Plaintiff identified individuals in paragraph 2. The clerk of the court is directed to set the following pro se case management deadline: August 9, 2017: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC)
June 21, 2017
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MEMORANDUM AND ORDER that John Does 1-10 and the OCC "second shift supervisor" during July of 2015 are dismissed from this case without prejudice because Plaintiff failed to comply with the court's order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
July 21, 2017
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MEMORANDUM AND ORDER that Plaintiff must update his address within 30 days. Failure to do so will result in dismissal of this action without further notice to Plaintiff. Defendants' deadline of August 1, 2017, to file a responsive pleading is terminated. The court shall advise Defendants of a new deadline should Plaintiff timely update his address. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: August 21, 2017: check for address. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
July 27, 2017
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MEMORANDUM AND ORDER that Plaintiff shall disregard Filing No. 40. He does not need to update his address with the court. The case will proceed. Considering this change in events, Defendants shall file a motion for extension of time no later than August 1, 2017, to file a responsive pleading, because the court previously terminated that date as their deadline to file a responsive pleading. The clerk's office is directed to terminate the pro se case management deadline of August 21, 2017: check for address. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
August 1, 2017
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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 within 30 days. 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 management deadline with the following text: August 31, 2017: 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 AO240 form) (KLF)
August 2, 2017
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MEMORANDUM AND ORDER - Plaintiff will be permitted until October 30, 2017, in which to file an appropriate motion for substitution or Plaintiff's claims against Defendant Britten in his individual capacity will be dismissed. The clerk's office is directed to set a pro se case management deadline with the following text: October 30, 2017: check for Plaintiff's motion for substitution. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
November 3, 2017
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MEMORANDUM AND ORDER that this matter is dismissed without prejudice because Plaintiff failed to prosecute it diligently and failed to comply with this court's orders. The court will enter judgment by a separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)