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17-253 - Martin v. Frakes et al


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17-253 - Martin v. Frakes et al
July 25, 2017
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MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Carl A. Martin shall pay an initial partial filing fee of $38.65 by 8/25/2017, unless an enlargement of time is granted in response to a written motion. The clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution. Pro Se Case Management Deadline set for 8/25/2017. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(GJG)
September 25, 2017
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MEMORANDUM AND ORDER that Martin's claims against Defendants in their official capacities are dismissed as barred by the Eleventh Amendment. Martin's Eighth Amendment claims may proceed to service of process against Scott Frakes, Adam Cropp, Brian Gage, Chelsea Guiffre, and Paul Tompkins in their individual capacities. For service of process on Defendant Scott Frakes in his individual capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Frakes using the address "Lincoln Regional Center, 801 West Prospector Place, Lincoln, NE 68522," and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendant Frakes personally in his individual capacity at the Lincoln Regional Center, 801 West Prospector Place, 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 Defendant Adam Cropp in his individual capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Cropp using the address "Tecumseh State Correctional Institution, 2725 N. HWY 50, Tecumseh, NE 68450," and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendant Cropp personally in his individual capacity at the Tecumseh State Correctional Institution, 2725 N. HWY 50, Tecumseh, NE 68450. 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 Defendant Brian Gage in his individual capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Gage using the address at sealed Filing No. 28 in Case No. 4:17CV3047 and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendant Gage personally in his individual capacity at the address provided by the clerk of the court. 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 Defendant Chelsea Guiffre in her individual capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Guiffre using the address at sealed Filing No. 30 in Case No. 4:17CV3047 and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendant Guiffre personally in her individual capacity at the address provided by the clerk of the court. 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 Defendant Paul Tompkins in his individual capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Tompkins using the address "Lincoln Correctional Center, 3216 W Van Dorn St., Lincoln, NE 68522," and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendant Tompkins personally in his individual capacity at the Lincoln Correctional Center, 3216 W Van Dorn St., 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). 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 Defendants Guiffre and Gage. The clerk of the court is directed to set the following pro se case management deadline: December 26, 2017: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
November 13, 2017
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MEMORANDUM AND ORDER - The clerk's office shall obtain a current address for Defendant Tomkins from the Marshals Service. For service of process on Defendant Paul Tomkins in his individual capacity, the clerk of the court is directed to completeor Defendant Tomkins. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party; E-mailed to USM) (KLF) a summons form and a USM-285 form for Defendant Tomkins using the address provided by the Marshals Service and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendant Tomkins personally in his individual capacity at the address provided. 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 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 the service forms f
December 26, 2017
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MEMORANDUM AND ORDER that the Plaintiff shall have until January 26, 2018 to file a motion for default judgment against Defendant Chelsea Guiffre. Such motion shall fully comply with Federal Rule of Civil Procedure 55 and Nebraska Civil Rule 55.1. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: January 26, 2018: deadline for filing motion for default judgment against Defendant Chelsea Guiffre. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)