Burston v. Cooper
||Ronald Dale Burston, Jr.
||February 16, 2012
||US District Court for the Eastern District of Missouri
||Cape Girardeau Office
||Lewis M. Blanton
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|October 4, 2012
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that within ninety (90) days of September 28, 2012, plaintiff shall file a motion to substitute under Fed.R.Civ.P. 25. IT IS FURTHER ORDERED that within ninety (90) days of September 28, 2012, in addition to filing a motion to substitute the proper party, plaintiff shall also provide the Court an address at which the new party may be served. IT IS FURTHER ORDERED that plaintiff's failure to comply with this Court Memorandum and Order will result in a dismissal of this action Response to Court due by 12/27/2012. Signed by Magistrate Judge Lewis M. Blanton on 10/4/2012. (JMC)
|July 13, 2012
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that within fifteen (15) days of the date of this Order, Mr. J. Thaddeus Eckenrode shall provide the Court with a supplemental briefing as to the circumstances surrounding the relief requested in his " Motion for Leave to Withdraw Entry of Appearance, Notice of Waiver and Answer Filed on Behalf of Defendant James Cooper." In his supplemental brief Mr. Eckenrode should provide legal citations in support of the relief requested. IT IS FURTHER OR DERED that if James Cooper is no longer a current employee of Corizon, Inc., within fifteen (15) days of the date of this Order, Mr. J. Thaddeus Eckenrode shall inform the Court in writing of the last known address of defendant Cooper. Mr. Eckenrode& #039;s response to this Order should be entitled "In Camera Response to Order of July 12, 2012," and should be mailed directly to the chambers of the undersigned, at the following address: United States District Court, Eastern District of M issouri, Southeastern Division, 555 Independence, Cape Girardeau, Missouri, 63703. IT IS FURTHER ORDERED that upon receipt of the in camera response, the Court will notify plaintiff in writing whether an address for Mr. Cooper has been provided, and if so, the Court will arrange for issuance of summons and Marshal's forms on plaintiff's behalf.Response to Court due by 7/30/2012. Signed by Magistrate Judge Lewis M. Blanton on 7/13/2012. (JMC)
|May 11, 2012
MEMORANDUM AND ORDER re: 3 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Ronald Dale Burston, Jr. motion is GRANTED. IT IS FURTHER OR DERED that the plaintiff shall pay an initial filing fee of $1.00 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 n ame; (2) his prison registration 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 O rder, 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 plaintiffs individual capacity claims against defendant Cooper. Defendant shall be se rved according to the waiver agreement this Court maintains with Correctional Medical Service. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendant Cooper shall reply to plaintiff's individual Capacity claims within th e time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to plaintiffs official capacity claims ag ainst defendant Cooper because as to these claims 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( Initial Partial Filing Fee due by 6/11/2012.) Signed by Honorable Stephen N. Limbaugh, Jr on 5/11/12. (MRS)
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