Ewing v. Kempker et al
| Jermaine S. Ewing |
| Cheryl Dowdy-Thompson, D. Novack, Paula Huffman-Phillips, Webster R. Arends, William Stange, Ian Wallace, Dewayne Kempker and Kenneth Richardson |
| 1:2013cv00114 |
| August 8, 2013 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Mississippi |
| Stephen N. Limbaugh |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
15
MEMORANDUM AND ORDER re: 13 MOTION for Preliminary Injunction filed by Plaintiff Jermaine S. Ewing, 2 MOTION to Appoint Counsel filed by Plaintiff Jermaine S. Ewing, 5 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Jermaine S. Ewing, 7 MOTION to Appoint Counsel filed by Plaintiff Jermaine S. Ewing. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #5] is GRANTED. IT IS FURTHER ORDERED that plaintiff sh all pay an initial filing fee of $5.37 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 pr ison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that the Clerk shall add "Omar L. Clark" as adefendant in this case. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue, because the amended complaint is legally frivolous and fails to state a claim upon which relief can be granted. See 28 U.S.C. § 1915. IT IS FURTHER ORDERED that plaintiff's motions for appointmen t of counsel [Docs. #2 and #7] are DENIED as moot. IT IS FURTHER ORDERED that plaintiff's motion for preliminary injunction [Doc. #13] is DENIED, without prejudice. A separate Order of Dismissal shall accompany this Memorandum and Order. (Initial Partial Filing Fee due by 3/12/2014.). Signed by District Judge Stephen N. Limbaugh, Jr on 2/10/14. (CSG)
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Filing
12
MEMORANDUM AND ORDER re: 11 MOTION to Change Venue filed by Plaintiff Jermaine S. Ewing; motion is DENIED. IT IS HEREBY ORDERED that plaintiff's "Request for Change of Venue" [Doc. #11] is DENIED without prejudice. IT IS FURTHER ORDERED that an appeal from this Order would not betaken in good faith. See 28 U.S.C. § 1915(a)(3). Signed by District Judge Stephen N. Limbaugh, Jr on 11/13/13. (CSG)
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Filing
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MEMORANDUM AND ORDER re: 3 MOTION for Joinder Claim filed by Plaintiff Jermaine S. Ewing: IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form Prisoner Civil Rights Complaint, as well as a copy of the Cour t's form Motion to Proceed In Forma Pauperis Prisoner Cases. IT IS FURTHER ORDERED that, consistent with this Order, plaintiff shallfile an amended complaint on the court-provided form within thirty (30) days of the date of this Order. IT IS FU RTHER ORDERED that plaintiff shall either pay the $400 filing fee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order, and if plaintiff submits a motion to proceed in forma pauperis, he must also sub mit a certified copy of his prison account statement for the six-month period immediately preceding the filing of his complaint. IT IS FURTHER ORDERED that plaintiff's motion for joinder of claims [Doc. #3] is DENIED as moot. IT IS FURTHER ORDER ED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice and without further notice to him. If the case is dismissed, the dismissal will not constitute a "strike" under 28 U.S.C. § 1915(g).(Response to Court due by 9/26/2013.) Signed by District Judge Stephen N. Limbaugh, Jr on 8/27/13. (CSG)
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