Burston v. Smith

Burston v. Smith

Plaintiff:	Ronald Dale Burston, Jr.
Defendant:	Daniel Smith
Case Number:	1:2012cv00029
Filed:	February 16, 2012
Court:	US District Court for the Eastern District of Missouri
Office:	Cape Girardeau Office
County:	Cape Girardeau
Presiding Judge:	Lewis M. Blanton
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
February 19, 2014	Filing 22 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Daniel Smith's Motion for Summary Judgment (Doc. No. 17) be and it is granted. A separate Summary Judgment will be entered on this date. Signed by Magistrate Judge Lewis M. Blanton on 2/19/2014. (JMC)
May 11, 2012	Filing 5 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 defendant Daniel Smith. Defendant shall be served in accordance with the waiver agree ment this Court maintains with the Missouri AttorneyGenerals Office. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendant Daniel Smith shall reply to plaintiffs claims within the time provided by the applicable provisions o f 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 plaintiff's claim against defendant Smith in his official capacity because this claim 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: PrisonerStandard( Initial Partial Filing Fee due by 6/11/2012.). Signed by Honorable Stephen N. Limbaugh, Jr on 5/11/12. (MRS)

Date Filed

Document Text

February 19, 2014

Filing 22 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Daniel Smith's Motion for Summary Judgment (Doc. No. 17) be and it is granted. A separate Summary Judgment will be entered on this date. Signed by Magistrate Judge Lewis M. Blanton on 2/19/2014. (JMC)

May 11, 2012

Filing 5 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 defendant Daniel Smith. Defendant shall be served in accordance with the waiver agree ment this Court maintains with the Missouri AttorneyGenerals Office. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendant Daniel Smith shall reply to plaintiffs claims within the time provided by the applicable provisions o f 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 plaintiff's claim against defendant Smith in his official capacity because this claim 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: PrisonerStandard( 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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Plaintiff: Ronald Dale Burston, Jr.
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