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17-298 - Frank v. Estives, et al


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17-298 - Frank v. Estives, et al
August 15, 2017
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ORDER - that leave to proceed in forma pauperis is granted, and the Complaint shall be filed without payment of fees. Plaintiff is advised that the next step in his case will be for the court to conduct an initial review of his 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) (KLF)
August 28, 2017
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MEMORANDUM AND ORDER -All claims alleged against Defendants "U.S. Government" and "Department of Corrections" are dismissed without prejudice, and they shall no longer be partiesto this action. 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 the remaining Defendants. Failure to file an Amended Complaint within 30 days will result in the court dismissing this case without further notice to Plaintiff. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 9/27/2017: check for amended complaint) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)
August 28, 2017
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STRICKEN - MEMORANDUM AND ORDER: All claims alleged against Defendants U.S. Government and Department of Corrections are dismissed without prejudice and they shall no longer be parties to this action. The court will give Plaintiff 30 days to file an Amended Complaint that states a claim on which relief may be granted against the remaining Defendants. Failure to file an Amended Complaint within 30 days will result in the court dimissing this case without further notice to Plaintiff. Party Department of Corrections and United States Government terminated. ***Pro Se Case Management Deadlines: Pro Se Case Management Deadline set for 9/27/2017: Check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(KMG,) Modified on 8/29/2017 to reflect the document is stricken (KMG).
September 6, 2017
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MEMORANDUM AND ORDER - Plaintiff must update his address within 30 days. Failure to do so will result in dismissal of this action without further notice to Plaintiff. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: October 6, 2017: check for address. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
September 11, 2017
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ORDER - The clerk of the court shall send Plaintiff a copy of this Memorandum and Order, together with a copy of the court's August 28th Memorandum and Order (Filing No. 8), at his last-known address. Plaintiff shall have 30 days from today's date in which to file an amended complaint that states a claim on which relief may be granted against Defendants Douglas County and Correct Care Solutions. Failure to file an amended complaint within 30 days will result in the court dismissing this case without further notice to Plaintiff. Plaintiff's amended or supplemental complaint filed on September 8, 2017 (Filing No. 16), shall be stricken from the court file. All pending motions filed by Plaintiff (Filing Nos. 6, 7, 11, and 15) are denied without prejudice. The clerk of the court is directed to set the following pro se case management deadline: October 11, 2017: check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
October 30, 2017
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MEMORANDUM AND ORDER - Plaintiff's Motion for miscellaneous relief (Filing No. 22) is denied without prejudice. Defendant Douglas County is dismissed from the action without prejudice. Defendant Correct Care Solutions is dismissed from the action without prejudice. Officers Parks and Rose, in their official and individual capacities, are dismissed from the action without prejudice. Officers Estives, Grothe, and Grahm, in their official capacities only, are dismissed from the action without prejudice. The clerk of the court will modify the docket sheet to list Officers Officers Estives, Grothe, and Grahm, in their individual capacities, as the only Defendants of record. The only claim alleged in Plaintiff's Amended Complaint (Filing No. 21) that will be allowed to proceed is a Fourth Amendment "excessive force" claim alleged against Officers Estives, Grothe, and Grahm, in their individual capacities. All other claims are dismissed without prejudice. For service of process on Defendants Estives, Grothe, and Grahm, in their individual capacities, the clerk of the court is directed to complete a summons form and a USM-285 form for each Defendant using the address "Douglas County Correctional Center, 710 South 17th Street, Omaha, NE 68102," and forward them together with a copy of the Amended Complaint (Filing No. 21) and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendants personally in their individual capacities at the Douglas County Correctional Center, 710 South 17th Street, Omaha, NE 68102. 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). 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 90 days from the date of this order to complete service of process. 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 set the following pro se case management deadline: January 29, 2018 - Check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
November 15, 2017
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MEMORANDUM AND ORDER - Plaintiff must update his address within 30 days. Failure to do so will result in dismissal of this action without further notice to Plaintiff. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: December 15, 2017: check for address. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
January 10, 2018
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ORDER - that Defendants' motion for extension of time (Filing No. 41) is granted, and Plaintiff shall have until January 29, 2018, to respond to Defendants' motion for summary judgment (Filing No. 38). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)