Payne v. Britten et al

Filing 116

MEMORANDUM AND ORDER - By November 7, 2014, Defendants shall return 11 of the withheld mail items to Plaintiff and the other two withheld mail items to the senders. In addition, Defendants shall file legible copies of all 13 mail items, and the tw o mail items they believe are in violation of prison regulations may be filed under seal. Defendants are reminded that the court may, at a later date, choose to unseal these items. If, for some reason, legible copies cannot be generated, the originals of those documents that cannot be reproduced in a readable form shall be retained and I should be immediately advised. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHRISTOPHER M. PAYNE,
Plaintiff,
v.
FRED BRITTEN, et al.,
Defendants.

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4:11CV3017

MEMORANDUM
AND ORDER

On October 20, 2014, Defendants filed a response to my October 10, 2014,
Memorandum and Order. (Filing 115.) In the response, Defendants stated:
1.

There are 13 items of mail at issue in this case. The Defendants
will voluntarily return 11 of the 13 items to the Plaintiff. The other
two mail items are believed to be in violation of prison regulations
and will be returned to the senders. The Defendants will produce
all 13 mail items to the Court, provided that the two items
believed to be in violation are made under seal in accordance with
NEB. CIV. R. § 7.5 (“Sealed Documents and Objects”). The
Defendants respectfully object to the disclosure of these two items
to the Plaintiff.

2.

The Defendants intend to file a motion for summary judgment.

(Filing 15.) Defendants shall proceed, as they have suggested, with part one of their
response. That is, by November 7, 2014, Defendants shall return 11 of the withheld
mail items to Plaintiff and the other two withheld mail items to the senders. In
addition, Defendants shall file legible copies of the 13 mail items, and the two mail
items they believe are in violation of prison regulations may be filed under seal.
However, Defendants are reminded that the court may, at a later date, choose to unseal
these items.

After Defendants have filed the mail items, I will read them and take them into
consideration in determining whether to appoint counsel and issue a progression order.
IT IS THEREFORE ORDERED that by November 7, 2014, Defendants shall
return 11 of the withheld mail items to Plaintiff and the other two withheld mail items
to the senders. In addition, Defendants shall file legible copies of all 13 mail items,
and the two mail items they believe are in violation of prison regulations may be filed
under seal., Defendants are reminded that the court may, at a later date, choose to
unseal these items. If, for some reason, legible copies cannot be generated, the
originals of those documents that cannot be reproduced in a readable form shall be
retained and I should be immediately advised.
DATED this 29th day of October, 2014.
BY THE COURT:
s/Richard G. Kopf
Senior United States District Judge

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