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Mack v. Ricketts

United States District Court, D. Nebraska

October 23, 2018

NATHANIAL GERALD SERRELL MACK, Plaintiff,
v.
PETE RICKETTS, Nebraska State Governor officially and Individually; DAVID HEINAMEN, Former Governor Officially and Individually; SCOTT FRAKES, N.D.C.S. Director Officially and Individually; MICHEL KENNEY, Former N.D.C.S. Director Officially and Individually; ROBERT P. HOUSTON, Former N.D.C.S. Director Officially and Individually; MICHAEL ROTHWELL, N.D.C.S. Deputy Director Division of Programs and Community Services Officially and Individually; DIANE SABATKA-RINE, Deputy Director of Operations Officially and Individually; ROSALYN COTTON, Nebraska State Parole Board Chair Officially and Individually; REX RICHARDS, Nebraska State Parole Board Vice Chair Person Officially and Individually; MARIO PURT, Lincoln Correctional Center Warden Officially and Individually; ROBERT MADSON, Nebraska State Penitentiary Warden Officially and Individually; RICHARD CRUICKSHANK, Nebraska State Penitentiary Warden Officially and Individually; JASON HURT, Nebraska State Penitentiary Associate Warden and Former Lincoln Correctional Center Unit Administrator (Officially and Individually); DAVID HARDGRAVES, Lincoln Correctional Center Unit Administrator and former Housing Unit Bravo Unit Manager (officially and Individually); DR. JEFF MELVIN, PH.D. N.D.C.S. Behavioral Health Assistant Administrator for Sex Offender Services and C-Sort (Clinical Sex Offender Review Team) Chair Person (Officially and Individually); DR. STEPHANIE BRUHN, N.D.C.S. Behavioral Health Assistant Administrator for Sex Offender Services and C-Sort Team Chair Person (Officially and Individually); WAYNE CHANDLIER, N.D.C.S. Behavioral Health Assistant Administrator for Mental Health Services (Officially and Individually); TAMMY JACKSON, LIMHP N.D.C.S. Mental Health practioner Clinical Sex Offender Programs Manager and C-Sort Vice Chair Person (Officially and Individually); PAUL RODRIQIEZ, LIMHP N.D.C.S. Clinical Sex Offender Programs Manager and C-Sort Team Vice Chair Person (Officially and Individually); JANE DOE I, Former Nebraska State Penitentiary Mental Health Practioner II (Officially and Individually); HEATHER JACKSON, Nebraska State Penitentiary Mental Health Practioner II (Officially and Individually); JERAMY SIMONSEN, Nebraska State Penitentiary Mental Health Practioner II and former Acting Clinical Sex Offender Programs Manager and C-Sort Vice Chair Person (Officially and Individually); and TOM PFEIFER, Nebraska State Penitentiary Librarian (Officially and Individually) et al.; Defendants.

          MEMORANDUM AND ORDER

          Richard G. Kopf Senior United States District Judge

         This matter is before the court on Plaintiff's “Motion Requesting Continuance for Pro Se 1983 Amended Complaint.” (Filing No. 20.) Upon initial review, the court determined that Plaintiff's Complaint failed to state a plausible claim for relief against any of the Defendants and gave Plaintiff until October 26, 2018, to file an amended complaint which states a plausible equal protection claim against Defendants Dr. Melvin, Dr. Bruhn, Tammy Jackson, Paul Rodriqiez, Jeramy Simonsen, Heather Jackson, and Jane Doe. (Filing No. 19 at CM/ECF p. 25.) All other remaining claims were dismissed without prejudice and without leave to amend. (Id.) Plaintiff now asks for an additional 90 days to file his amended complaint. Upon consideration, IT IS ORDERED that:

         1. Plaintiff's motion for an extension of time to file an amended complaint (filing no. 20) is granted. Plaintiff shall have until January 24, 2019, to file an amended complaint in accordance with the court's September 26, 2018 Memorandum and Order. No other extensions shall be granted.

         2. The clerk of the court is directed to set a pro se case management deadline using the following text: January 24, 2019: check for amended complaint.

         3. The clerk of the court is directed to remove the following Defendants from this action pursuant to the court's September 26, 2018 Memorandum and Order (filing no. 19): Pete Ricketts, David Heinamen, Scott Frakes, Michel Kenney, Robert P. Houston, Michael Rothwell, Diane Sabatka-Rine, Rosalyn Cotton, Rex Richards, Mario Purt, Robert ...


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