Yang v. Missouri Department of Corrections et al
| Richard Yang |
| Missouri Department of Corrections, George Lombardi, John Doe, Tom Clements, Mariann Atwell, Patricia Cornell, Fred Johnson, Don Roper, Omer L. Clark, William (Bill) Stange, Allan Hughes, Angela Riddell, Dwayne Kempker, K. Malloy, G. Phagley and Cindy Griffin |
| 1:2012cv00092 |
| June 4, 2012 |
| 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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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
99
MEMORANDUM AND ORDER re: 97 MOTION for Leave to Proceed in forma pauperis on appeal under 42:1983 (prisoner) filed by Plaintiff Richard Yang motion is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $1.80 within thirty (30) days of the date of this Order( Initial Partial Filing Fee due by 7/1/2015.) Signed by District Judge Stephen N. Limbaugh, Jr on 6/1/15. (MRS)
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Filing
93
MEMORANDUM AND ORDER..granting 87 MOTION to Strike 85 Memorandum in Opposition to Motion Exhibit D (Document Number 85-4) filed by Defendants...granting 80 Second MOTION for Summary Judgment filed by Defendants. Signed by District Judge Stephen N. Limbaugh, Jr on 4/24/15. (MRS)
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Filing
77
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that Motion to Alter or Modify (#73) is DENIED. IT IS FURTHER ORDERED that plaintiffs Motion to Change Venue (#75) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 8/28/14. (MRS)
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Filing
72
MEMORANDUM AND ORDER re: 54 MOTION for Summary Judgment filed by Defendant John Doe, Defendant Allan Hughes, Defendant Tom Clements, Defendant Fred Johnson, Defendant Omer L. Clark, Defendant Angela Riddell, Defendant Don Roper, De fendant Cindy Griffin, Defendant William (Bill) Stange, Defendant Patricia Cornell, Defendant George Lombardi, Defendant K. Malloy, Defendant Mariann Atwell, Defendant Dwayne Kempker, Defendant G. Phagley. IT IS HEREBY ORDERED that defendant s' Motion for Summary Judgment (#54) GRANTED IN PART and DENIED IN PART. IT IS HEREBY ORDERED that defendants are granted Summary Judgment on plaintiff's First Amendment claim regarding his Chinese language mail. Signed by District Judge Stephen N. Limbaugh, Jr on 7/23/14. (CSG)
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Filing
41
MEMORANDUM AND ORDER 40 PRO SE MOTION Issuance of Subpoena filed by Plaintiff Richard Yang motion is DENIED. IT IS FURTHER ORDERED that defendants shall SHOW CAUSE by September 16, 2013, why plaintiff cannot be permitted the opportunity to obtain an affidavit or declaration fromSECC inmate Carlos Mendoza.( Show Cause Response due by 9/16/2013.). Signed by District Judge Stephen N. Limbaugh, Jr on 8/14/13. (MRS)
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Filing
33
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [Doc. #15] is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 4/18/2013. (JMC)
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Filing
14
MEMORANDUM AND ORDER re: 13 MOTION for Entry of Clerk's Default against filed by Plaintiff Richard Yang. IT IS HEREBY ORDERED that plaintiff's motion for entry of default[Doc. #13] is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 9/20/12. (CSG)
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Filing
9
MEMORANDUM AND ORDER re: 6 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Richard Yang, 3 PRO SE MOTION Permission of Extension to File Filing Fees $350 filed by Plaintiff Richard Yang, 4 PRO SE MOTION Waive Service of Summons filed by Plaintiff Richard Yang. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #6] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee o f $1.95 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 name; (2) his prison registration number; (3) t he 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 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 as to defendants George Lombardi, Tom Clements, Mariann Atwell, Patricia Cornell, Fred Johnson, Don Roper, Omer Clark, William Strange, A llen Hughes, Angela Riddell, Dwayne Kemper, Jeff Norman, K. Malloy, G. Phaglay, Cindy Griffin. This defendants shall be served through the use of the waiver agreement the Clerk of Court maintains with the Missouri AttorneyGeneral's Office. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants George Lombardi, Tom Clements, Mariann Atwell, Patricia Cornell, Fred Johnson, Don Roper, Omer Clark, William Strange, Allen Hughes, Angela Riddell, Dwayne Kemper, Jeff Norma n, K. Malloy, G. Phaglay, Cindy Griffin shall reply to plaintiff's claims within the 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 defendant the Missouri Department of Corrections because, as to this defendant, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER OR DERED that plaintiff's motion to waive service of summons [Doc. #4] is DENIED AS MOOT given that plaintiff has been granted in forma pauperis status and service will be effectuated on his behalf. IT IS FURTHER ORDERED that plaintiff's motio n for a two year extension to pay the filing fee [Doc. #3] is DENIED. Plaintiff will be required to pay the initial partial filing fee in accordance with the Order set forth above. See 28 U.S.C. 1915(b). After payment of the initial partial filing fe e the Missouri Department of Corrections will forward payments from plaintiff's prisoner account each time the amount in the account exceeds $10, until the filing fees are paid. See 28 U.S.C. § 1915(b)(1)-(2). An Order of Partial Dismissal will accompany this Memorandum and Order. (Initial Partial Filing Fee due by 9/17/2012.) Signed by District Judge Stephen N. Limbaugh, Jr on 8/17/12. (CSG)
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