Landers v. Nebraska Department of Corrections et al

Filing 16

MEMORANDUM AND ORDER - Landers' claims for declaratory relief for alleged past violations of federal law against Defendants in their official capacities are dismissed as barred by the Eleventh Amendment. Defendant Nebraska Department of Correcti onal Services is dismissed from this action. This action may proceed to service of process as to Landers' Due Process, Eighth Amendment, and state law claims against defendants Scott Frakes and Diane Sabatka-Rine in their official and individual capacities, in addition to those as-yet unspecified members of the Central Office Multi-Disciplinary Review Team also in their official and individual capacities. Plaintiff is granted, on the court's own motion, an extension of time until 90 d ays from the date of this order to complete service of process. For service of process on Defendants Scott Frakes and Diane Sabatka-Rine in their official capacities, the clerk of the court is directed to complete summons forms and USM-285 forms for Defendant Scott Frakes and Defendant Diane Sabatka-Rine using the address Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509, and forward them together with a copy of the Complaint and a copy of this Memorandum and Order t o the Marshals Service. For service of process on Defendant Scott Frakes in his individual capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Frakes using the address Nebraska Department of Corre ctional Services, 801 West Prospector Place, Lincoln, NE 68522, and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. For service of process on Defendant Diane Sabatka-Rine in her indi vidual capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for Defendant Sabatka-Rine using the address Nebraska Department of Correctional Services, 801 West Prospector Place, Lincoln, NE 68522, and forward the m together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. 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 s et the following pro se case management deadline: May 29, 2018: check for completion of service of process.Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party; Copy to USM as directed with summons and 285 forms with copy of complaint)(CS)