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17-006 - Washington v. Foxhall et al


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17-006 - Washington v. Foxhall et al
January 23, 2017
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ORDER that Plaintiff's Motion for Leave to Proceed in forma pauperis 2 is granted. Plaintiff DeRoise J. Washington, Dr. shall pay an initial partial filing fee of $9.80 within 30 days, unless an enlargement of time is granted in response to a written motion. Pro Se Case Management Deadline set for 2/23/2017: 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 plaintiff's institution)(SLP)
February 22, 2017
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MEMORANDUM AND ORDER that on the court's own motion, the court will give Plaintiff 30 days in which to file an Amended Complaint that states a claim on which relief may be granted against Defendants. 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 case management deadline: March 23, 2017: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
April 5, 2017
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MEMORANDUM AND ORDER that this matter may proceed to service of process as to Plaintiff's Eighth or Fourteenth Amendment claim against Defendant Esch in her individual capacity only. Claims against Defendant Esch in her official capacity, and against Defendants Foxhall, Early, Hubbard, and Bagby in their individual and official capacities, are dismissed without prejudice. The clerk of the court is directed to obtain the last-known address for Defendant Esch from the United States Marshals Service for service of process on Defendant Esch in her individual capacity.10 Once such address is obtained, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Esch using the address provided by the Marshals Service and forward them together with a copy of the Amended Complaint and a copy of this Memorandum and Order to the Marshals Service for service of process on Defendant Esch in her individual capacity. The Marshals Service shall serve the defendant in her individual capacities 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 last-known personal addresses for the defendants. The clerk of the court is directed to set the following pro se case management deadline: "July 5, 2017: check for completion of service of process." Plaintiff's motion for leave to amend (Filing No. 13) is denied without prejudice. Plaintiff's motion to expedite (Filing No. 14) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(LAC)
May 24, 2017
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MEMORANDUM AND ORDER that Plaintiff's motion for reconsideration (Filing No. 18) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
October 6, 2017
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ORDER that the first sentence of paragraph 4 of the Order Setting Schedule for Progression of Case (Filing No. 21) is modified to provide: "All dispositive motions shall be filed on or before October 10, 2017." In all other respects, the progression order shall remain unchanged. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
November 9, 2017
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MEMORANDUM AND ORDER that defendant's Motion for Summary Judgment 30 is granted. All claims alleged against Defendant Esch in her individual capacity are dismissed with prejudice. Judgment shall be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MBM)