Fitzpatrick v. Stotier
||Michael Ray Fitzpatrick
||February 25, 2013
||Missouri Eastern District Court
||Cape Girardeau Office
||Stephen N. Limbaugh
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||42:1983 Prisoner Civil Rights
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|March 27, 2013
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Clerk shall not issue process or causeprocess to issue upon the complaint at this time.IT IS FURTHER ORDERED that plaintiff shall file a written supplement tohis complaint within thirty (30) days fr om the date of this Order, stating whether he is suing the named defendant in his official and/or individual capacity, in accordance with the specific instructions set forth above.IT IS FURTHER ORDERED that plaintiff's failure to supplement his complaint in accordance with this Court's instructions will result in the dismissal ofthis action, without prejudice and without further notice to him. Response to Court due by 4/26/2013. Signed by District Judge Stephen N. Limbaugh, Jr on 3/27/13. (MRS)
|June 21, 2013
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED.IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $9.77 within thirty (30) days fro m the date of this order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number;and (4) that the remitt ance is for an original proceeding. IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee within thirty (30) days, without first showing good cause, the Court will dismiss this action without prejudice. IT IS FURTHER ORD ERED that plaintiff's motion to amend his complaint by interlineation [Doc. #8] is DENIED without prejudice.IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to be issued upon the complaint and supplement [Docs. #1 and #7 ] as to defendant Brad Stotier in his individual capacity only. IT IS FURTHER ORDERED that, in his individual capacity, defendant Brad Stotier shall file an answer or other responsive pleading to plaintiff's claims within the time provided by th e applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that this action is DISMISSED, without prejudice, as to defendant Brad Stotier in his official capacity. See 28 U.S.C. § 1915(e)(2)(B).IT IS FUR THER ORDERED that, pursuant to the Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions). A separate Order of Partial Dismissal will be filed separately. (Initial Partial Filing Fee due by 7/22/2013.) Signed by District Judge Stephen N. Limbaugh, Jr on 6/21/2013. (JMC)
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