Grace v. Hakala et al
| William Grace |
| Michael Hakala, John Mattews, Becky Lizenbee and Kimberly Sterling |
| 1:2011cv00081 |
| May 5, 2011 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Mississippi |
| Lewis M. Blanton |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
439
MEMORANDUM AND ORDER re: 438 MOTION for Leave to Proceed in forma pauperis on appeal under 42:1983 (prisoner) filed by Plaintiff William Grace: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal [Doc. #438] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $4.08 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court,&qu ot; 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. (Initial Partial Filing Fee due by 2/9/2015.) Signed by District Judge Stephen N. Limbaugh, Jr on 1/9/15. (CSG)
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Filing
388
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that defendants' Motion for Summary Judgment (Doc. No. 308) be and it is granted. A separate Summary Judgment will be entered on this date. IT IS FURTHER ORDERED that plaintiff's Motion for Summary Judgment (Doc. No. 315) be and it is denied. IT IS FURTHER ORDERED that all pending motions be and they are denied. Signed by Magistrate Judge Lewis M. Blanton on 2/26/14. (MRS)
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Filing
357
MEMORANDUM AND ORDER.IT IS HEREBY ORDERED that plaintiffs motions to compel (Docs. No. 294, 297) be and they are denied. IT IS FURTHER ORDERED at Defendants Motion to Strike Plaintiffs Motion in Suggestions (Doc. No. 304) (Doc. No. 305) be and it is granted. IT IS FURTHER ORDERED that Docket Number 304 be and it is STRICKEN FROM THE RECORD as improperly filed. IT IS FURTHER ORDERED that plaintiffs motion to file an Amended Complaint (Doc. No. 296) be and it is denied. Signed by Magistrate Judge Lewis M. Blanton on 9/9/13. (MRS)
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Filing
203
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motions to compel [Doc. #102-#107, #133, #168 and #186] are DENIED. IT IS FURTHER ORDERED that plaintiff's motion for depositions [Doc. #154] is DENIED without prejudice.IT IS FURT HER ORDERED that defendants' motion for protective order[Doc. #173] is GRANTED. IT IS FURTHER ORDERED that plaintiff's motions for physical examinations [Doc. #109 and #151] are DENIED.IT IS FURTHER ORDERED that plaintiffs motions for issua nce of subpoenas [Doc. #119, #125 and #130] are DENIED. IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff with five (5) blank subpoena forms. IT IS FURTHER ORDERED that plaintiffs motions to add parties [Doc. #134, #143, #183 and #185] are DENIED.IT IS FURTHER ORDERED that defendants motion to file a sur-reply [Doc. #177] is GRANTED. IT IS FURTHER ORDERED that plaintiff's motions for injunctive relief [Doc. #120, #160 and #187] are DENIED. IT IS FURTHER ORDERED that plai ntiffs motions for additional access to the law library [Doc. #153, #164 and #165] are DENIED. IT IS FURTHER ORDERED that plaintiff's motions for appointment of counsel [Doc. #124, #144 and #145] are DENIED. IT IS FURTHER ORDERED that Docket Tex t Order #162, granting plaintiff leave to supplement the record, is VACATED. IT IS FURTHER ORDERED that Docket Numbers #108, #131, #136, #142, #152, #155, #156, #158, #159, #163, #166,#169, #170, #176, #179, #180, #181, #184 and #191 are STRICKEN FROM THE RECORD as improperly filed. Signed by Magistrate Judge Lewis M. Blanton on 6/14/12. (MRS)
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Filing
100
MEMORANDUM AND ORDER re: 98 MOTION to Appoint Counsel filed by Plaintiff William Grace, 97 MOTION to Supplement 1 DCM Complaint, filed by Plaintiff William Grace MOTIONS ARE DENIED. Signed by Magistrate Judge Lewis M. Blanton on 12/23/11. (MRS)
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Filing
85
MEMORANDUM AND ORDER granting : 72 MOTION for Leave to Proceed in forma pauperis on appeal under 42:1983 (prisoner) filed by Plaintiff William Grace..IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $4.25 within thirt y (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 registrationnumber; (3) the case number; and (4) that the remittance is for an original proceeding. ( Initial Partial Filing Feeon Appeal due by 11/14/2011.). Signed by Honorable Stephen N. Limbaugh, Jr on 10/12/11. (MRS)
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Filing
76
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the second amended complaint as to defendants Michael Hakala, John Matthews, Amanda Gibson, Terrye Mitchell, Kimberly Sterling, Lacy Derricks on, Ruth Taylor, Stephanie Novak and Lynette Williams.IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2),defendants Michael Hakala, John Matthews, Amanda Gibson, Terrye Mitchell,Kimberly Sterling, Lacy Derrickson, Ruth Taylor, Steph anie Novak and LynetteWilliams shall reply to plaintiffs claims within the time provided by the applicableprovisions of Rule 12(a) of the Federal Rules of Civil Procedure.IT IS FURTHER ORDERED that plaintiffs claim against some unnameddefendant for l oss of weight/denial of Ensure will be dismissed as it is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that plaintiffs motion to add a party [Doc. #31] is DENIED AS MOOT given the filing of the second amended complaint.IT IS FURTHER ORDERED that plaintiffs motions for injunctive relief[Doc. #37, #47, #50, #52 and #53] are DENIED. IT IS FURTHER ORDERED that plaintiffs motions for discovery [Doc. #34, #48, #49, #51, #55, #61, #62, #63 , #64, #65, #66, #67, #68, #69 and #71] are DENIED. IT IS FURTHER ORDERED that defendants motion to strike plaintiffs prematurely-served interrogatories [Doc. #40] is GRANTED.IT IS FURTHER ORDERED that defendants motion for extension of time to respo nd to plaintiffs interrogatories is DENIED AS MOOT, given that plaintiff has not yet been granted leave to propound discovery in this matter. IT IS FURTHER ORDERED that plaintiffs third motion for appointment of counsel [Doc. #38] is DENIED.An appropriate Order of Partial Dismissal shall accompany this Memorandumand Order. Signed by Honorable Stephen N. Limbaugh, Jr on 10/6/11. (MRS)
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Filing
29
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiffs motion for reconsideration of the Courts May 19, 2011 dismissal of defendants Gibson, Mitchell, Norman, Roger, Clark and Derrickson [Doc. #10] is DENIED. IT IS FURTHER ORDERED that plaintiffs motion for extension of time to pay the initial partial filing fee of $3.83 [Doc. #13] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $3.83 within thirty (30) days of the date of this Order. Plainti ff is instructedto make his remittance payable to Clerk, United States District Court, and toinclude upon it: (1) his name; (2) his prison registration number; (3) the casenumber; and (4) that the remittance is for an original proceeding.IT IS FURTHE R ORDERED that if plaintiff fails to pay the initial partialfiling fee within thirty (30) days of the date of this Order, then this case will be dismissed without prejudice. Plaintiff will not be given any additionalextensions of time to pay the init ial partial filing fee without good cause being shown. T IS FURTHER ORDERED that the Clerk of Court shall provide toplaintiff, along with a copy of this Order, a blank complaint form for the filing of a prisoner civil rights complaint. IT IS FURTHER ORDERED that plaintiff shall file a second amended complaint, in accordance with the instructions set forth above, no later than thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to timely file a second amend ed complaint or fails to comply with the instructions set forth above relating to the filing of the second amended complaint, the Court shall dismiss this action without prejudice. IT IS FURTHER ORDERED that upon the filing of the second amended comp laint, it will be subject to review under 28 U.S.C. § 1915. IT IS FURTHER ORDERED that plaintiffs motions to add parties [Doc. #11, #16, #21 and #25] are DENIED without prejudice. IT IS FURTHER ORDERED that plaintiffs motions for discovery [Doc. #8 and #12] are DENIED without prejudice. IT IS FURTHER ORDERED that plaintiffs motions for injunctions [Doc.#15 and #22] are DENIED without prejudice. IT IS FURTHER ORDERED that plaintiffs motions for appointment of counsel [Doc. #7 and #24] are DENIED without prejudice. ( Initial Partial Filing Fee due by 9/9/2011., Response to Court due by 9/9/2011.). Signed by Honorable Stephen N. Limbaugh, Jr on 8/9/11. (MRS)
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Filing
4
MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff William Grace motion is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing feeof $3.83 within thirty (30) days of the date of this Order>( Initial Partial Filing Fee due by 6/20/2011.)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 dismi ssed without prejudice. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendants Hakala, Matthews, Lizenbee and Sterling, who all appear to be employed by Correctional Medical Services. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants Hakala, Matthews, Lizenbee and Sterling shall reply to plaintiffs claims within the time provided by the applicable provisions of Rule 12(a) of the FederalRules of Civil P rocedure. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants Norman, Roger, Clark, Mitchell,Gibson and Derrickson because, as to these defendants, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. Signed by Honorable Stephen N. Limbaugh, Jr on 5/19/11. (MRS)
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