Rushing v. Cape Girardeau County Sheriff's Department
| Shaun Rushing |
| Cape Girardeau County Sheriff's Department and City of Cape Girardeau Officers Involved |
| 1:2023cv00200 |
| November 7, 2023 |
| US District Court for the Eastern District of Missouri |
| Stephen R Clark |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 Letter from Clerk sent to pro-se prisoner re:FRAP - all procedures for filing Notice of Appeal (copy of motion to proceed IFP on appeal attached and mailed) (CMH) |
Filing 9
ORDER OF DISMISSAL pursuant to 28USC1915(e)(2)(B). For the reasons stated in the Memorandum and Order entered this same date, the Court dismisses this case without prejudice. The Court certifies that an appeal from this action would not be taken in good faith. Signed by Chief District Judge Stephen R. Clark on 11/30/2023. (CMH)
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| Filing 8 MEMORANDUM AND ORDER re: #6 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Shaun Rushing, #7 MOTION to Appoint Counsel filed by Plaintiff Shaun Rushing. Accordingly, the Court denies Rushing's #6 second motion to proceed in forma pauperis as duplicative. Further, the Court denies Rushing's #7 second motion to appoint counsel as moot. Finally, the Court dismisses this action, without prejudice, for failure to state a claim and legal frivolity. See 28 U.S.C. 1915(e)(2)(B). A separate Order of Dismissal accompanies this Memorandum and Order. The Court certifies that an appeal from this dismissal would not be taken in good faith. Signed by Chief District Judge Stephen R. Clark on 11/30/2023. (CMH) Modified on 11/30/2023 (CMH). |
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ORDER RECEIPT: (see receipt) Docket No: 8-10. Thu Nov 30 15:32:31 CST 2023 (Hency, Christy)
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| Filing 7 MOTION to Appoint Counsel by Plaintiff Shaun Rushing. (CMH) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Plaintiff Shaun Rushing. (CMH) |
| Filing 5 AMENDED COMPLAINT against defendant City of Cape Girardeau Officers Involved,Terminating Cape Girardeau County Sheriff's Department (Officers/Agency) Amendment to #1 DCM Complaint, Jury demand, filed by Shaun Rushing. Related document: #1 DCM Complaint filed by Shaun Rushing. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Envelope) (CMH) |
| Filing 4 MEMORANDUM AND ORDER: Accordingly, the Court grants Rushing's #2 Motion for Leave to Proceed in forma pauperis. Further, the Court denies, without prejudice, Rushing's #3 Motion to Appoint Counsel. Finally, the Court allows Rushing to amend his complaint. The Clerk of Court must mail to Rushing two blank Prisoner Civil Rights Complaint forms. Rushing may request additional forms as needed. Rushing must file an amended complaint in accordance with the instructions in this Order no later than December 15, 2023. The Court advises Rushing that his amended complaint will take the place of his original filing and will be the only pleading that this Court will review. If Rushing fails to timely comply with this Order, the Court may dismiss this action without prejudice and without further notice. ( Amended/Supplemental Pleadings due by 12/15/2023.) Signed by Chief District Judge Stephen R. Clark on 11/15/2023. (JMC) |
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ORDER RECEIPT: (see receipt) Docket No: 4. 2 Blank Prisoner forms included with mailing Wed Nov 15 17:04:51 CST 2023 (Carter, Jessica)
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| Filing 3 MOTION to Appoint Counsel by Plaintiff Shaun Rushing. (CMH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Shaun Rushing. (CMH) |
| Case Opening Notification. Judge Assigned: Chief U.S. District Judge Stephen R. Clark. (CMH) |
| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (CMH) |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Wed Nov 8 14:01:13 CST 2023 (admin,) |
| Filing 1 DCM COMPLAINT against defendant Cape Girardeau County Sheriff's Department Jury Demand,, filed by Shaun Rushing. (Attachments: #1 Original Filing Form, #2 Civil Cover Sheet, #3 Envelope)(CMH) |
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