Wilson v. Sabatka-Rine et al

Filing 81

ORDER regarding the parties' 79 Stipulation. The file of the State of Nebraska Department of Correctional Services (DCS) concerning Harold Wilson, #37418, and maintained pursuant to Neb. Rev. Stat. § 83-178, be made available for insp ection by Marnie Jensen, Attorney at Law, under the following conditions: That the inspection of the file in question be conducted by counsel or counsels representative at the DCS institution which currently maintains said file. 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 doe s 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. That counsel shall not make availa ble to any person committed to DCS the content of the file here in question without further order of this court. The entry into the Amended Stipulation by the parties does not relieve the parties from complying with the Federal Rules of Civil Procedure. IT IS SO ORDERED. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HAROLD WILSON,
Plaintiff,

4:11CV3215

vs.
ORDER
DIANE SABATKA-RINE, et al.,
Defendants.
This matter is before the court on the parties’ Amended Stipulation (Filing No. 79).
Pursuant to the stipulation and for good cause shown, it is hereby ordered that the file of the
State of Nebraska Department of Correctional Services (DCS) concerning Harold Wilson,
#37418, and maintained pursuant to Neb. Rev. Stat. § 83-178, be made available for inspection
by Marnie Jensen, Attorney at Law, under the following conditions:
1.

That the inspection of the file in question be conducted by counsel or 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 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.
4.

The entry into the Amended Stipulation by the parties does not relieve the parties

from complying with the Federal Rules of Civil Procedure.

IT IS SO ORDERED.

Dated this 9th day of December, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge