Hemingway v. Lyerla et al
||March 28, 2017
||US District Court for the Eastern District of Missouri
||Cape Girardeau Office
||John M. Bodenhausen
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42 U.S.C. § 1983 Prisoner Civil Rights
|Jury Demanded By:
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|November 9, 2018
MEMORANDUM AND ORDER re: 31 MOTION for Summary Judgment filed by Defendant Branden McSpadden motion is DENIED WITHOUT PREJUDICE..IT IS FURTHER ORDERED that defendant shall have until January 15, 2019, to file a motion for summary judgm ent directed to plaintiff's claims that he was exposed to human waste in unsanitary conditions in violation of the Eighth Amendment and was denied toilet paper in order to retaliate for engaging in protected activity.( Dispositive Motions due by 1/15/2019.) IT IS FURTHER ORDERED that plaintiff shall have until February 15, 2019, to file a response to defendants motion. Signed by Magistrate Judge John M. Bodenhausen on 11/9/18. (MRS)
|July 25, 2017
MEMORANDUM AND ORDER.. GRANTING 9 MOTION for Extension of: Time an Additional 60 days to Pay Initial Partial Filing Fee. filed by Plaintiff Lamon Taneal Hemingway, Sr. Motion is GRANTED( Initial Partial Filing Fee due by 9/25/2017.). Signed by Magistrate Judge John M. Bodenhausen on 7/25/17. (MRS)
|June 22, 2017
MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Lamon Taneal Hemingway, Sr. motion is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $ ;1.70 within thirty (30) days of the date of this Order..IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendant Brandon McSpadden in his individual capacity. Defendant shall be served thr ough the waiver agreement the Court maintains with the Missouri Attorney General's Office...IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants Lucas Lyerla; Jason Pritchett; Unknown Edging; Marc Berry; Unknown Crass; Unknown Mann; Unknown Russell; Unknown Hopkins; Unknown McIntosh; Unknown Ash; Wesley Fluharty; Corey Sisk; Unknown Ward; Unknown Clark; Jesse May; William Petty; and Timothy Seabaugh because, as to these d efendants, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to the official capacity c laims against defendant Brandon McSpadden. These claims are subject to dismissal. See 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED that this case is assigned to Track 5: Prisoner Standard( Initial Partial Filing Fee due by 7/24/2017.) Signed by District Judge Rodney W. Sippel on 6/22/17. (MRS)
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