Bibby v. Bess et al
||Dwayne V. Kempker and Chad Bess
||October 22, 2010
||US District Court for the Eastern District of Missouri
||Cape Girardeau Office
||Stephen N. Limbaugh
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|April 8, 2011
MEMORANDUM AND ORDER re: 19 MOTION to Appoint Counsel filed by Plaintiff Michael Bibby, 16 MOTION to Dismiss Case filed by Defendant Chad Bess, Defendant Dwayne V. Kempker. IT IS HEREBY ORDERED that the defendants' Motion to Dismiss, filed J anuary 18, 2011 (#17) is GRANTED. IT IS FURTHER ORDERED that plaintiff's complaint if DISMISSED without prejudice. IT IS FURTHER ORDERED that plaintiff's second Motion to Appoint Counsel, filed February 18, 2011 (#19) is DENIED as moot. IT IS FINALLY ORDERED that judgment is hereby entered in favor of the defendants. Signed by Honorable Stephen N. Limbaugh, Jr on 4/8/11. (CSG)
|November 4, 2010
MEMORANDUM AND ORDER..granting 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Michael Bibby IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of$5.53 within thirty (30) days of the date of this Order>( Initial Partial Filing Fee due by 12/6/2010.)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. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendants Bess and Kempker. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants shall reply to plaint iffs claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. Signed by Honorable Stephen N. Limbaugh, Jr on 11/4/10. (MRS)
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