Wheeler v. Mays et al
| Emanuel Wheeler |
| Unknown Maze, Kennett Police Department and Aaron Mays |
| 1:2024cv00018 |
| January 31, 2024 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Henry Edward Autrey |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.
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Filing 6
Summons Issued as to defendant Unknown Maze. The summons was mailed to U.S. Marshal's Office STL. (JMC)
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Filing 5
ORDER OF PARTIAL DISMISSAL: IT IS HEREBY ORDERED that, as to defendant Kennett Police Department, plaintiff's claims are DISMISSED without prejudice. IT IS FURTHER ORDERED that an appeal of this Order of Partial Dismissal would not be taken in good faith. Signed by District Judge Henry Edward Autrey on 2/8/2024. (JMC)
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Filing 4
OPINION MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2] is GRANTED. See 28 U.S.C. 1915(a)(1). IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.00 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 prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that the Clerk of Court shall issue summons on the complaint as to defendant Officer Unknown Maze in his individual capacity, on plaintiff's claim of excessive force, at the Kennett Police Department located at 200 Cedar Street, Kennett, Missouri 63857. IT IS FURTHER ORDERED that because plaintiff is proceeding in forma pauperis in this action, service shall be effectuated by the United States Marshal's Office through summons, pursuant to Fed. R. Civ. P. 4. See 28 U.S.C. 1915. IT IS FURTHER ORDERED that a copy of the summons and return of summons shall be filed in this matter. IT IS FURTHER ORDERED that plaintiffs claims brought against the Kennett Police Department are DISMISSED for failure to state a claim. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [ECF No. 3] is DENIED at this time. IT IS FURTHER ORDERED that an appeal of this Order would not be taken in good faith. An Order of Partial Dismissal will accompany this Memorandum and Order. ( Initial Partial Filing Fee due by 3/11/2024.) Signed by District Judge Henry Edward Autrey on 2/8/2024. (JMC)
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ORDER RECEIPT: (see receipt) Docket No: 4,5. Thu Feb 8 16:05:07 CST 2024 (Carter, Jessica)
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***Complaint Letter Processed (see notice of electronic filing for distribution list) Mon Feb 5 17:01:09 CST 2024 (admin,)
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***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. (JMC)
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Case Opening Notification. Judge Assigned: U.S. District Judge Henry Edward Autrey. (JMC)
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Filing 3
MOTION to Appoint Counsel by Plaintiff Emanuel Wheeler. (JMC)
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Filing 2
MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Emanuel Wheeler. (JMC)
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Filing 1
DCM COMPLAINT against defendant Kennett Police Department, Unknown Maze jury Demand,, filed by Emanuel Wheeler. (Attachments: #1 Original Filing Form, #2 Envelope)(JMC)
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