Benford v. Dunklin County et al
| Terry Lewis Benford |
| Dunklin County, Nichole Green, Ashley Grisham, Gina Whitlock and Unknown Pewhitt |
| 1:2018cv00005 |
| January 8, 2018 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Dunklin |
| John M. Bodenhausen |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
80
MEMORANDUM AND ORDER re: 59 MOTION for Summary Judgment filed by Defendant Jeannie Whitlock. IT IS HEREBY ORDERED that Defendant's Jeannie Whitlock Motion for Summary Judgment (ECF No. 59) is GRANTED, and Plaintiff's claims against Defendant are DISMISSED without prejudice for failure to exhaust administrative remedies. An appropriate Judgment is entered herewith. Signed by Magistrate Judge John M. Bodenhausen on 2/5/20. (CSG)
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Filing
56
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants shall serve copies their Motions for Summary Judgment (ECF No. 39) and Requesting that Their Statement of Uncontroverted Material Facts be Deemed Admitted, and for Judgment on Their Behalf ( ECF No. 50), Suggestions in Support of Their Motion for Summary Judgment (ECF No. 40), and Statement of Uncontroverted Material Facts (ECF No. 41) to Plaintiff at at Booneville Correctional Center, 1216 E. Morgan Street, Boonville, MO 65233. IT IS FU RTHER ORDERED that Plaintiff shall have until August 26, 2019, to file responsive pleadings to Defendants' motions. Plaintiff's response must comply with Rule 56 of the Federal Rules of Civil Procedure and Local Rule 4.01(E). Plaintiff is specifically warned that failure to respond to Defendants' motions may result in dismissal of his complaint for failure to prosecute, pursuant to Rule 41(b). Signed by Magistrate Judge John M. Bodenhausen on 7/11/19. (CSG)
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Filing
45
MEMORANDUM AND ORDER re: 42 MOTION to Stay Further Proceedings filed by Defendant Ashley Grisham, Defendant Charles Pewitt. IT IS HEREBY ORDERED that Defendants' Motion to Stay Further Proceedings (ECF No. 42) is GRANTED as to D efendants Dr. Charles Pewitt and Ashley Grisham. Discovery shall be stayed pending disposition of their motion for summary judgment. If during the Court's consideration of the motion for summary judgment Plaintiff is able to demonstrate that the re are relevant matters outside the current record that the Court can consider as a matter of law and that further discovery needs to be done with respect to these matters, the Court can delay ruling onthe motion and permit further discovery. Signed by Magistrate Judge John M. Bodenhausen on 3/26/19. (CSG)
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Filing
34
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Dr. Charles Pewitt and Ashley Grisham's Motion to Dismiss for Failure of Plaintiff to Comply with Court Order (ECF No. 30) is DENIED without prejudice. IT IS FURTHER ORDERED that Plainti ffs Motion for Appointment of Counsel to Represent under 42 U.S.C. [§] 1983 and Request for Delay of Case Management Order Track 5 Disclosures of Documents by Plaintiff and Discovery of Defendants (ECF No. 32) is denied without prejudice as to his request for appointment of counsel and granted as to his request for delay. No later than December 20, 2018, Plaintiff shall submit to Defendants a list, including addresses, of all persons having knowledge or information of the facts giving ris e to his claim and all documents that Plaintiff believes mention, relate to, or in any way support his claims. IT IS FURTHER ORDERED that Plaintiff's "Request of Discovery of all Medical and Grievances Records from Dunklin County Jail" is DENIED inasmuch as Plaintiff is not entitled to all of Dunklin County Jail's medical and grievance records or individual files of other prisoners who are not parties to this action. IT IS FURTHER ORDERED that erring on the side of caution, D efendants shall provide copies of Plaintiff's medical and grievance records from Dunklin County Jail during the relevant time period related to Plaintiff's claims in this case. IT IS FURTHER ORDERED that Defendants shall answer the complaint no later than fourteen (14) days from the date of this Memorandum and Order. ( Response to Court due by 12/4/2018.). Signed by Magistrate Judge John M. Bodenhausen on 11/20/2018. (JMC)
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Filing
25
MEMORANDUM AND ORDER re: 16 MOTION to Dismiss :Plaintiff's Complaint for Failure to State a Claim filed by Defendant Ashley Grisham, Defendant Charles Pewitt. IT IS HEREBY ORDERED that the Motion to Dismiss filed by defendants A shley Grisham and Charles Pewitt is GRANTED to the extent Grisham seeks dismissal of plaintiff's claim that she violated his constitutional rights by failing to send him for an outside medicalconsultation, and is DENIED in all other respects. A separate order of partial dismissal will be entered herewith. IT IS FURTHER ORDERED that defendants Ashley Grisham and Charles Pewitt shall answer the complaint no later than thirty (30) days from the date of this Memorandum and Order. Signed by Magistrate Judge John M. Bodenhausen on 7/18/18. (CSG)
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Filing
10
MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Terry Lewis Benford. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis (Docket No. 2) is GRANTED. I T IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $3.78 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 incl ude upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) the statement that the remittance is for an original proceeding. IT IS FURTHER ORDERED that defendants Dunklin County and Nicole Green are DISMISSED from this action. IT IS FURTHER ORDERED that the official capacity claims against defendants Ashley Grisham, Gina Whitlock and Dr. Charles Pewitt are DISMISSED. IT IS HEREBY CERTIFIED that an appeal from this partial dismissal would not be taken in good faith . IT IS FURTHER ORDERED that the Clerk of Court shall issue process, or cause process to issue, upon defendants Ashley Grisham, Gina Whitlock, and Dr. Charles Pewitt. The defendants shall be served by issuance of summons and service by the U.S. Marshal's Office at the Dunklin County Justice Center, 1175 Floyd Street, Kennett, MO 63857. (Initial Partial Filing Fee due by 5/25/2018.) Signed by District Judge Ronnie L. White on 4/25/18. (CSG)
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