Russell v. Houston et al

Filing 65

ORDER granting 63 Stipulation Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PATRICK RONALD RUSSELL,
Plaintiff,
vs.
ROBERT HOUSTON, DENNIS
BAKEWELL, MELVIN ROUF, CURTIS
MOFFAT, MICHAEL EDISON and
MARK DANNER
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

4:09CV3249

ORDER

Pursuant to a stipulation of counsel for parties filed with this Court and for good
cause shown, it is hereby ordered that the file of the State of Nebraska Department of
Correctional Services (DCS) concerning Thomas Nesbitt,

# 36998, and maintained

pursuant to Neb, Rev. Stat. § 83-178 (2008), be made available for inspection by
Joshua W.Weir, Attorney at Law under the following conditions:
1.

That the inspection of the file in question be conducted by counselor

counsel's representative at the DCS institution which currently maintains said file.
2.

That any copies of material from said file desired by counsel be identified

by counsel to institutional personnel whose responsibility it shall be to create and deliver
to counsel the requested copies within a reasonable time following the request. This
order does not encompass any pre-sentence reports which may be in the inmate file
and requests for copies of such documents must be obtained separately by court order
from the court which requested the report to be made.

3.

That the reasonable cost of the copies requested by counsel shall be paid

by counsel directly to the DCS institution creating and delivering said copies.
4.

That counsel shall not make available to any person committed to DCS

the content of the file here in question without further order of this Court.
5.

The entry into this Stipulation by the parties in no way relieves either party

from complying with the Federal Rules of Civil Procedure.
Dated this 17th day of

May

,2011.
BY THE COURT:

District Judge
United States Magistrate Judge