Bell v. Strange et al
| Robert Bell, Jr. |
| Unknown Roach, R. Owens, Jeff Norman, Bill Strange and G. Wohlferd |
| 1:2011cv00091 |
| May 24, 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 |
| Plaintiff |
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| Document Text |
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Filing
28
MEMORANDUM... The Court notes that it has relied on materials outside the pleadings in coming to its conclusion that plaintiff has not exhausted his administrative remedies. As a result, the Court was required to treat defendants motion as a motion f or summary judgment. Pursuant to Federal Rule of Civil Procedure 12(d), the "parties must be given a reasonable opportunity to present all the material that is pertinent to the motion." Here, plaintiff responded to the defendants motion, wh ich clearly states that it is a motion for summary judgment, and he has been afforded ample time to file additional materials since defendants filed their reply memorandum on September 23. Plaintiff's complaint will be dismissed. Signed by Honorable Stephen N. Limbaugh, Jr on 12/8/2011. (JMC)
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Filing
5
MEMORANDUM AND ORDER..granting 4 MOTION to Supplement 1 DCM Complaint filed by Plaintiff Robert Bell, Jr...granting 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Robert Bell, Jr. motion is GRANTED. .IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $2.00 within thirty (30) days of the date of this Order.( Initial Partial Filing Fee due by 8/8/2011.)IT IS FURTHER ORDERED that if plaintiff fails to pay the initial p artial 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. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. Signed by Honorable Stephen N. Limbaugh, Jr on 7/8/11. (MRS)
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