Franks v. Nissen et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JEREMY A. FRANKS,
Plaintiff,
vs.
SGT. KALLEN NISSEN, in their
individual capacity; SGT. MARC
DRAPPEL, in their individual
capacity; CPL. JOE BRYAN, in their
individual capacity; CPL.
HUSBANDS, in their individual
capacity; DR. JEFFREY
KASSELMAN, in their individual and
official capacity; and DR. JEFFREY
DAMME, in their individual and
official capacity;
Defendants.
4:22CV3233
MEMORANDUM AND ORDER
This matter is before the Court on case management. The Federal
Rules of Civil Procedure require that a defendant serve an answer to a
complaint “within 21 days after being served with the summons and
complaint.” Fed. R. Civ. P. 12(a).
The Clerk of the Court issued a summons to Defendant Sgt. Kallen
Nissen (“Nissen”) on December 11, 2025. Filing No. 50 at 1–2. On December
22, 2025, a copy of the process receipt and return was filed by the Marshals
Service showing that the summons were delivered on December 16, 2025.
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2
Filing No. 52. Although served, Nissen has not filed an answer or any other
responsive pleading.1 Accordingly, in order to progress this matter,
IT IS ORDERED:
1. Plaintiff shall have until February 6, 2026, to file a motion for
default judgment against Defendant Nissen. Such motion shall fully comply
with Federal Rule of Civil Procedure 55 and Nebraska Civil Rule 55.1.
2. The Clerk of the Court is directed to set a pro se case
management deadline in this case using the following text: February 6,
2026: deadline for filing motion for default judgment against Defendant
Nissen.
Dated this 7th day of January, 2026.
BY THE COURT:
_________________________________
John M. Gerrard
Senior United States District Judge
1 As the summons and return are filed under seal, counsel from the Nebraska Attorney General’s
Office may be unaware that Defendant Nissen has been served.
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