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Golden v. Department Of Corrections

United States District Court, D. Nebraska

February 3, 2016

MR. KELLY M. GOLDEN, Plaintiff,
v.
DEPARTMENT OF CORRECTIONS, et al., Defendants.

MEMORANDUM AND ORDER

John M. Gerrard United States District Judge

This matter is before the court on initial review of Plaintiff Kelly Golden’s Complaint (Filing No. 1). 28 U.S.C. § 1915(e)(2). For the reasons discussed below, Plaintiff’s Complaint does not comply with general rules of pleading or the rules concerning the proper joinder of defendants. On the court’s own motion, Plaintiff will be provided an opportunity to file an amended complaint.

I. SUMMARY OF COMPLAINT

Plaintiff named fifteen individuals as the defendants-Kyle J. Poppert, Larry Wayne, Cathy Sheair, Jason Hurt, Diane J. Sabatka-Rine, Marshall Lux, Jerall Moreland, Judge Teresa Luther, C. Prokop, James Ellinger, Curtis Wees, Randy Kohl, Mark Boyer, Mario Peart, Matt Heckman and Unit Manager Davis-as well as the Department of Corrections “as a whole.” (Filing No. 1.) The events giving rise to Plaintiff’s claims occurred anywhere between August of 2011 up to the filing of the Complaint in May of 2015.

Plaintiff set forth numerous unrelated allegations in his Complaint, including:

• Plaintiff was provided too much good time and was released from custody.
• Nobody checked Plaintiff’s paperwork when they released him.
• Judge Teresa Luther signed a warrant for Plaintiff’s arrest.
• Someone informed the Kansas Police Department that Plaintiff was aggressive and violent.
• In Wyndott County Jail, Plaintiff was denied his mental health medication for 25.5 days.
• Nurse Prokop threw away Plaintiff’s medication.
• Nurse Prokop tore up paperwork that would have kept Plaintiff from getting two “write ups.” • The Ombudsman’s Office never contacted Plaintiff again after his original letter.
• The unit administrator and unit manager put off helping Plaintiff with indigent packages ...

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