United States District Court, D. Nebraska
MEMORANDUM AND ORDER
RICHARD G. KOPF SENIOR UNITED STATES DISTRICT JUDGE
matter is before the court on Plaintiff's Motion for
Discovery (filing no. 3), Motion for Summons
(filing no. 4), and Motion for Temporary Restraining
Order and Preliminary Injunction (filing no. 5).
MOTION FOR DISCOVERY AND MOTION FOR SUMMONS
filed a “Praecipe Request for Transcripts, Copy of
Grievances, and Medical, & Institution Records”
which the court construes as a Motion for Discovery.
(Filing No. 3.) Plaintiff asks the court to
“issue a Praecipe for Production of Document[s],
Transcripts, Grievances, Medical records, Health records From
Mental Health, Also Any Notes on File about Plaintiff's
Institution Records” on the Nebraska Attorney General
and require the Attorney General to deliver the requested
documents to the court. (Id.(capitalization in
original)) Plaintiff also asks the court to issue summons on
the Nebraska Attorney General. (Filing No. 4.)
discovery or service of process may take place in this case
at this time. Before this matter may proceed, Plaintiff is
required to pay an initial partial filing fee of $51.13. Once
payment is made, the court is required to review
Plaintiff's Complaint to determine whether summary
dismissal is appropriate. See28 U.S.C. §
1915(e)(2). The court must dismiss a complaint or any portion
thereof that states a frivolous or malicious claim, that
fails to state a claim upon which relief may be granted, or
that seeks monetary relief from a defendant who is immune
from such relief. 28 U.S.C. § 1915(e)(2)(B).
court has not yet conducted an initial review of
Plaintiff's Complaint pursuant to section 1915(e). No.
discovery may take place in this case unless the court
determines that this matter may proceed to service of
process. Accordingly, Plaintiff's Motion for Discovery
(filing no. 3) and Motion for Summons (filing
no. 4) are denied without prejudice to reassertion.
MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY
also filed a Motion for Temporary Restraining Order and
Preliminary Injunction. (Filing No. 5.) Plaintiff
alleges the Defendants have that any injury is likely to
occur. Rather, the suggested threat of harm is merely
speculative. Accordingly, the court will deny his request for
a temporary restraining order and preliminary injunction.
THEREFORE ORDERED that:
Plaintiff's Motion for Discover (filing no. 3)
and Motion for Summons (filing no. 4) are denied
without prejudice to reassertion.
Plaintiff's Motion for Temporary Restraining Order and
Preliminary Injunction (filing no. 5) is denied.
 Plaintiff included an “Affidavit
of Bias Prejudice against Plaintiff” with his Motion
for Temporary Restraining Order and Preliminary Injunction.
(Filing No. 5 at CM/ECF p. 3.) Plaintiff declares
that he cannot have a fair trial in this matter because the
undersigned judge is personally biased and prejudiced against
Plaintiff based on rulings in favor of the Nebraska
Department of Correctional Services (“NDCS”) in
three other cases filed by Plaintiff-Case Numbers 4:18CV3059,
8:18CV253, and 8:18CV280. In each of the three cases
identified by Plaintiff, he filed a petition seeking a writ
of habeas corpus pursuant to 28 U.S.C. § 2254, which I
dismissed without prejudice because the petitions raised
“conditions of confinement” claims that are not
properly brought as habeas corpus claims. (SeeFiling No.
8, No. 4:18CV3059; Filing No. 10, No.
8:18CV253; Filing No. 5, No. 8:18CV280.) Thus, the