Boyd-Nicholson v. Frakes et al
MEMORANDUM AND ORDER that Plaintiff shall file no later than August 29, 2017, a response to Defendants' summary judgment motion (Filing No. 35 ). If Plaintiff wishes to file a dispositive motion of his own, he shall also file it no later than August 29, 2017. Plaintiffs response and/or dispositive motion must be filed with the court no later than August 29, 2017. The clerk's office is directed to set a pro se case management deadline using the following text: August 29, 2017: check for Plaintiffs response/dispositive motion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ARON LEE BOYD-NICHOLSON,
STEPHANIE SNODGRASS, LpN; and
APRIL ROLLINS, RN;
This matter is before the court on its own motion. On May 19, 2017, the
court granted Plaintiff’s Motion for Limited Discovery with respect to two
materials: (1) a copy of the incident report written by Case Worker Chris Bartek on
August 12, 2015, and (2) the deposition of inmate Alberto Vasquez by written
questions pursuant to Federal Rule of Civil Procedure 31. (Filing No. 50.) Limited
discovery is now complete.
With regard to (1), on June 5, 2017, Defendants certified that a true and
correct copy of Defendants’ Responses to Plaintiff’s Requests for Production of
Documents were served on Plaintiff. (Filing No. 51.) With regard to (2), Mr.
Vasquez informed the Tecumseh State Correctional Institution public information
and litigation officer, who provided the questions to Mr. Vasquez, “that he
remembers the incident but not any specifics like the court is asking for.” (Filing
No. 58; Filing No. 58-1.) Accordingly,
IT IS THEREFORE ORDERED that:
Plaintiff shall file no later than August 29, 2017, a response to
Defendants’ summary judgment motion (Filing No. 35). If Plaintiff wishes to file a
dispositive motion of his own, he shall also file it no later than August 29, 2017.
Plaintiff’s response and/or dispositive motion must be filed with the court no later
than August 29, 2017.1
The clerk’s office is directed to set a pro se case management deadline
using the following text: August 29, 2017: check for Plaintiff’s
Dated this 25th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
In determining Plaintiff’s filing due date, the court took into consideration
the prison mailbox rule. See United States v. Harrison, 469 F.3d 1216, 1217 (8th
Cir. 2006) (“Under the prison mailbox rule, a pro se pleading is deemed filed upon
deposit in the prison mail system prior to the expiration of the filing deadline.”);
Sulik v. Taney County, 316 F.3d 813, 815 (8th Cir. 2003) (“[T]he prison mailbox
rule governs the determination of when a prisoner's civil complaint has been
filed.”), overruled on other grounds in later appeal, 393 F.3d 765 (8th Cir. 2005).
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