McIntyre v. Bliss et al

Plaintiff: Kerry McIntyre
Defendant: Robert Bliss, John Pierce, Alan Earls, Ricky Hayes and James Hurley
Case Number: 2:2013cv00017
Filed: March 5, 2013
Court: Missouri Eastern District Court
Office: Hannibal Office
County: Pike
Presiding Judge: David D. Noce
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
April 25, 2013 13 Opinion or Order of the Court MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to Defendants Robert Bliss, Ricky Hayes, and John Pierceal. IT IS FURTHER ORDERED that the Clerk shall not issue process or c ause process to issue upon the complaint as to Defendants Hurley or Earls because, as to these Defendants, the complaint is legally rivolous or fails to state a claim upon which relief can be granted, or both.IT IS FURTHER ORDERED that the Plaintiff shall pay an initial filing fee of $14.77 within thirty (30) days of 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 reg istration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that if Plaintiff fails to pay the initial partial filing fee within thirty (30) days of the date of this Order, then this case will be dismissed without prejudice. An Order of Partial Dismissal will be filed with this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 4/25/13. (JWJ)
May 31, 2013 29 Opinion or Order of the Court MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffsmotion for reconsideration [ECF No. 27] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall reinstate James Hurley as a defendant in this action. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue as to James Hurley.IT IS FURTHER ORDERED that plaintiffs motion for a subpoena duces tecum [ECF No. 25] is DENIED. IT IS FURTHER ORDERED that defendants shall notify the Cou rt, in camera, of the last known address for defendant Randy Hays. Defendants written response to thisOrder should be mailed directly to the chambers of United States Magistrate Judge David D. Noce at 111 S. 10th St., Suite 17.156, St. Louis, MO 63102. Signed by District Judge Audrey G. Fleissig on 5/31/2013. (KSH)

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Plaintiff: Kerry McIntyre
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Defendant: Robert Bliss
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Defendant: John Pierce
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Defendant: Alan Earls
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Defendant: Ricky Hayes
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Defendant: James Hurley
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