IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

AUSTIN EDWARD LIGHTFEATHER,

Plaintiff, 

vs. 

BRANDON HOLISTER, LMHIP; 

UNKNOWN WHITE FEMALE OFFICER 

FOR NDCS, FOSTER, Inmate of 

Tecumsehs Super Max Prison; B.J., Inmate 

of Tecumsehs Super Max Prison; 

NEBRASKA DEPARTMENT OF 

CORRECTIONAL SERVICES, STEPHANIE 

BAREN, Counsel Ombudsman, Inspector 

General of Nebraska; BLUE, Case 

Manager; VICTOR OSUNA, RICARDO 

MANDOZA, LEWIS VASQUEZ, KRUGLE, 

Captain, of RTC; CORPRAL ANDREWS, 

MATTHEW PAVEY, CODY MILLER, 

Corpral; and MARTIN, Dietary Kitchen;

Defendants.

8:23CV214

MEMORANDUM AND ORDER

This matter is before the Court on three motions filed by Plaintiff on July 10, 

2023, which seek a “continuance” or an extension of his deadline to show cause and to 

amend his Complaint. Filing No. 7; Filing No. 8; Filing No. 9. 

I. MOTIONS TO EXTEND SHOW CAUSE DEADLINE

On June 9, 2023, the Court ordered Plaintiff “to show cause why this case should 

not be dismissed pursuant to the provisions of 28 U.S.C. §1915(g) or, in other words, to 

show cause why the immediate danger exception is applicable to him” by July 10, 2023

(hereinafter “Show Cause Order”). Filing No. 6. In all three of his motions, Plaintiff 

requests a 30-day extension of time to file his response to the Show Cause Order. 

Filing No. 7 at 1; Filing No. 8 at 2; Filing No. 9 at 1–4, 8. While Plaintiff’s motions 

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contain allegations that appear responsive to the Show Cause Order, the Court will 

grant Plaintiff’s request for a 30-day extension of time to file a response to the Show 

Cause Order. Plaintiff has 30 days from the date of this Memorandum and Order to 

submit one document containing his response to the Show Cause Order.

II. MOTIONS TO AMEND

In Filing No. 7, Plaintiff asks to change defendant “B.J.” to D.J. a/k/a Dan Jones 

to reflect the defendant’s correct name. Filing No. 7 at 2. Upon consideration, Plaintiff’s 

request is granted, and the caption will be updated accordingly.

In Filing No. 8, Plaintiff requests “to add information . . . regarding retaliation from 

N.D.C.S. Employees.” Filing No. 8 at 1. Liberally construing Plaintiff’s request as a 

motion to supplement, the Court will grant Plaintiff’s motion and consider page 1 of 

Filing No. 8 as supplemental to the Complaint. See NECivR 15.1(b).

In Filing No. 9, Plaintiff asks to add defendants “Lank” Griffin and “Blue” a/k/a Jay 

Bone to this action along with Plaintiff’s allegations against them. Filing No. 9 at 5–6.

Upon consideration, the Court will grant Plaintiff’s request to add these two defendants 

and will consider pages 5 and 6 of Filing No. 9 as supplemental to the Complaint. 

Plaintiff is warned, however, that if he seeks to further amend his Complaint, 

then, going forward, he must comply with NECivR 15.1(a) and file a “motion for leave to 

amend [that] specifically state[s] the proposed amendments” and includes “as an 

attachment to the motion an unsigned copy of the proposed amended pleading that 

clearly identifies the proposed amendments.” The Court will not permit the piecemeal 

filing of supplemental materials in this case as the repeated filing of supplemental

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materials frustrates the Court’s ability to discern and review the claims Plaintiff seeks to 

raise in this matter.

IT IS THEREFORE ORDERED that:

1. Plaintiff’s request for a 30-day extension of time to file his response to the 

Show Cause Order, Filing No. 7; Filing No. 8; Filing No. 9, is granted. Plaintiff shall 

have until August 17, 2023, to file one document containing his response to the Show 

Cause Order. 

2. Plaintiff’s motion to correct a defendant’s name, Filing No. 7, is granted. 

The Clerk of Court is directed to update the caption and change defendant “B.J.” to 

“D.J. a/k/a Dan Jones.”

3. Plaintiff’s motions to supplement his Complaint and add defendants, 

Filing No. 8; Filing No. 9, are granted. The Court will consider page 1 of Filing No. 8

and pages 5 and 6 of Filing No. 9 as supplemental to the Complaint. 

4. The Clerk of Court is directed to add the following language to the docket 

text of Filing No. 8 and Filing No. 9: “Supplement to Complaint, Filing No. 1, as stated in

Filing No. 10.”

5. The Clerk of Court is further direct to add “Lank Griffin” and “Blue a/k/a 

Jay Bone” as defendants to this action.

6. The Clerk of Court is directed to set a pro se case management deadline 

using the following text: August 17, 2023: response to Show Cause Order due. 

 

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Dated this 18th day of July, 2023.

BY THE COURT:

Joseph F. Bataillon

Senior United States District Judge

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