Warren v. Seabaugh et al
| Lee Vernon Warren |
| Timothy Seabaugh and Jeff Norman |
| 1:2011cv00054 |
| April 4, 2011 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Mississippi |
| Stephen N. Limbaugh |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
36
MEMORANDUM OPINION re: 24 MOTION to Amend/Correct 1 DCM Complaint, 8 Amended Complaint, filed by Plaintiff Lee Vernon Warren, 16 MOTION to Dismiss Case filed by Defendant Timothy Seabaugh, 27 MOTION for Leave to File Amended Complaint filed by Plaintiff Lee Vernon Warren, 28 MOTION for Temporary Restraining Order filed by Plaintiff Lee Vernon Warren. Signed by Honorable Stephen N. Limbaugh, Jr on 11/8/11. (CSG)
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Filing
25
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's May 20, 2011 Motion to Incorporate Exhibits (#9) is GRANTED. IT IS FURTHER ORDERED that plaintiff's May 31, 2011 Letter to Clerk of the United States District Court (#13) is STRI CKEN. IT IS FURTHER ORDERED that plaintiffs June 28, 2011 Motion for Entry of Clerk's Default (#17) is DENIED. IT IS FINALLY ORDERED that plaintiff's July 28, 2011 Motion to Produce Documents (#22) is DENIED. Signed by Honorable Stephen N. Limbaugh, Jr on 8/15/2011. (JMC)
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Filing
10
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that, as to defendant TimothySeabaugh, the Clerk shall issue process or cause process to be issued on the amended complaint. IT IS FURTHER ORDERED that, as to defendants Jeff Norman,Dorothy Wright, Sandria Hutcheson, and Dwayne V. Kempker, the Clerk shall not issue process or cause process to issue upon the amended complaint, because it is legally frivolous and fails to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B) . IT IS FURTHER ORDERED that, pursuant to this Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions). A separate order of partial dismissal shall accompany this memorandum and order. Signed by Honorable Stephen N. Limbaugh, Jr on 5/25/2011. (JMC)
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Filing
7
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's motion to substitute "Timothy Seabaugh" for defendant "K enneth Seabaugh" [Doc. #3] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $1.70 within thirty (30) days from the date of this order. Plaintiff is instructed to make his remittance payable to &quo t;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 remittance is for an original proceeding.IT IS FURTHER ORDERED that plaintiff shall file an a mended complaint within thirty (30) days from the date of this Order. In the amended complaint, plaintiff shall complete in its entirety the court-provided form for filing a complaint pursuant to 42 U.S.C. § 1983. Specifically, in the "Capt ion" of the form complaint, plaintiff shall set forth the name of each defendant he wishes to sue; and in the "Statement of Claim," he shall set forth as to each named defendant the specific factual allegations supporting his claim aga inst the particular defendant, as well as the specific rights that he claims the defendant violated. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff, in addition to a copy of this Order and Memorandum, the court-provided form for filing a complaint pursuant to 42 U.S.C. §1983. IT IS FURTHER ORDERED that plaintiff's failure to amend his complaint in accordance with this Court's instructions will result in the dismissal of this action, without prejudice. IT IS FURTHER O RDERED that upon the filing of the amended complaint, the Clerk shall resubmit this action to the Court for review pursuant to 28 U.S.C. § 1915(e). Plaintiff is advised that the Court will consider only the amended complaint when reviewing this action under § 1915(e).( Amended/Supplemental Pleadings due by 6/2/2011., Initial Partial Filing Fee due by 6/2/2011.)(prisoner civil rights complaint form forwarded to Mr. Warren). Signed by Honorable Stephen N. Limbaugh, Jr on 5/3/2011. (JMC)
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