Harker v. Houseman et al
| Jeffrey A. Harker |
| Jesse Houseman, John Jordan and Cape Girardeau County Sheriff's Office |
| 1:2015cv00114 |
| June 19, 2015 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Cape Girardeau |
| John A. Ross |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
14
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendant Jesse Houseman, because the complaint is legally frivolous and fails to state a claim upon which relief ma y be granted. See 28 U.S.C. ' 1915(e)(2)(B); Heck v. Humphrey, 512 U.S. 477 (1994). IT IS HEREBY CERTIFIED that an appeal from this Order would not be taken in good faith. See 28 U.S.C. ' 1915(a)(3). A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge John A. Ross on 12/10/2015. (JMC)
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Filing
9
MEMORANDUM AND ORDER re: 8 MOTION for Reconsideration re 5 Memorandum & Order, 6 Order of Dismissal pursuant to 28USC1915(e)(2)(B), filed by Plaintiff Jeffrey A. Harker; motion is GRANTED IN PART AND DENIED IN PART. IT IS HEREBY ORDERED t hat plaintiff's motion for reconsideration of the Court's July 7, 2015 dismissal of this action [Doc. 8] is GRANTED IN PART AND DENIED IN PART. The motion is granted as to defendant Jesse Houseman only and is denied in all other respects. I T IS FURTHER ORDERED that, with respect to defendant Jesse Houseman, the Clerk is directed to REOPEN and then ADMINISTRATIVELY STAY this action. IT IS FURTHER ORDERED that plaintiff must notify the Court, in writing, within thirty days of his final c riminal judgment. IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff with a full copy of the Courts July 7, 2015 Memorandum and Order [Doc. 5] and Order of Dismissal [Doc. 6]. IT IS HEREBY CERTIFIED that an appeal from this Order would not be taken in good faith. See 28 U.S.C. 1915(a)(3). Case reopened. Case stayed. Signed by District Judge John A. Ross on 7/30/15. (CSG)
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Filing
5
MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Jeffrey A. Harker, 4 MOTION to Appoint Counsel filed by Plaintiff Jeffrey A. Harker. IT IS HEREBY ORDERED that plaintiff 9;s motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED, and no initial partial filing fee will be assessed. IT IS FURTHER ORDERED that, based upon the Younger abstention doctrine, the Clerk shall not issue process or cause process to issue upon the complaint. See 28 U.S.C. 1915(e)(2)(B). IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [Doc. #4] is DENIED as moot. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge John A. Ross on 7/7/15. (CSG)
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