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16-546 - Shadle v. Frakes et al


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16-546 - Shadle v. Frakes et al
December 16, 2016
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ORDER that Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $9.43 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: January 17, 2017: 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. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (LAC)
April 7, 2017
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MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT plaintiff's motion for a temporary restraining order, Filing No. 9, and his motion for an emergency ruling, Filing No. 18, are denied at this time. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
April 7, 2017
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MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT: This case may proceed to service of process as to Shadle's Eighth and Fourteenth Amendment claims against defendants. The Clerk of the Court is directed to send to Shadle a copy of the Complaint, a copy of this Memorandum and Order, and twelve (12) summons forms and USM 285 Form for service on defendants. (See attached Notice Regarding Service.) Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 90 days of filing the complaint. However, Shadle 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.) If requested to do so in this matter, the United States Marshal will serve all process in this case without prepayment of fees from Shadle. In making such a request, Shadle must complete the USM 285 form to be submitted to the Clerk of the Court with the completed summons form. Without these documents, the United States Marshal will not serve process. Upon receipt of the completed forms, the Clerk of Court will sign the summons form and forward it to the United States Marshal for service on defendants, together with a copy of the Complaint. The Clerk of the Court is directed to set the following pro se case management deadline: August 7, 2017, check for completion of service of process. The magistrate judge shall monitor the service of process, defendants' answers, and thereafter, progress this case in an expedient fashion. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with Summons and 285 Forms)(TCL)
April 17, 2017
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ORDER - Plaintiff's motion for additional time to submit the initial filing fee payment, 14, is denied as moot. Plaintiff's motion to permit Shadle to directly make filing fee payments, 21, is denied. Plaintiff's motion to amend the complaint to add attachments and allege that all defendants are sued in both their individual and official capacities, 17, is granted. Plaintiff's motion, 22, is granted in part and denied in part: To the extent it requests that attachments be added to the complaint, the motion is granted, but that portion of the motion which requests a status update is denied as moot. The plaintiff's operative complaint consists of filing 1, as supplemented by filings 17 and 22. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(SLP)
July 13, 2017
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opies of this Memorandum and Order to the Plaintiff and to Michael Gooch, P.O. Box 540938 Omaha, NE 68154, and shall also send him an emailed copy at [email protected] The Clerk shall also provide a copy to Pat Williamson. Ordered by Magistrate Judge Joseph F. Bataillon. (Copy Emailed/mailed as directed) (LAC) Modified on 7/14/2017 to correct Judge (LAC).ORDER that Plaintiff's motion for appointment of counsel, (Filing No. 28), is granted, and Michael Gooch is hereby appointed to represent Plaintiff. He shall promptly enter his appearance. With the agreement of Chief Judge Smith Camp, and pursuant to the Amended Plan for the Administration of the Federal Practice Fund and the Federal Practice Committee, Part II.A.1.a, the Clerk shall promptly disburse to Mr. Gooch $1,000 as an initial fee. Mr. Gooch shall be paid an additional fee of $1,000 upon completion of the case. Should Plaintiff succeed and Mr. Gooch is awarded attorney fees and expenses as a prevailing party that exceed $2,000 plus expenses, he shall reimburse the fund for the fees and expenses paid from the Federal Practice Fund. Mr. Gooch may also seek prior ex parte authorization from the undersigned District Judge for additional funds to be disbursed from the Federal Practice Fund to defray his necessary expenses. The Clerk shall mail c
July 13, 2017
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ORDER that Defendant's motion to continue, (Filing No. 46), is granted, and Defendant's response to Plaintiff's motion to transfer, (Filing No. 43), is stayed pending a telephonic conference with the undersigned magistrate judge. A hearing will be held on the record by telephone on July 18, 2017 at 12:00 p.m. (noon) to discuss Plaintiff's motion to amend (Filing No. 31), motion to transfer, (Filing No. 43), and motion to strike the motion to transfer (Filing No. 44). The parties shall use the conferencing information assigned to this case, (see Filing No. 47), to participate in the hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
September 19, 2017
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ORDER that Plaintiff's pro se motion to amend 31 is denied without prejudice to re-filing an amended complaint with the assistance of Plaintiff's court-appointed counsel. Plaintiff's motion to strike 44 is granted, and her motion for change of housing 43 is denied without prejudice to re-asserting if her housing becomes inappropriate under constitutional standards or is inconsistent with the institution's current or future policies. Ordered by Magistrate Judge Cheryl R. Zwart. (MBM)
June 13, 2018
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STIPULATED PROTECTIVE ORDER granting Parties' Joint Motion for Entry of Stipulated Protective Order (Filing No.81). Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
September 17, 2018
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ORDER granting 94 Motion to Amend. The status conference previously scheduled for October 16, 2018 is continued, and it will be held before Magistrate Judge Zwart on November 8, 2018 at 9:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (MBM)