Gater v. Caldwell et al
| Jerry L. Gater |
| Tori Caldwell and Unknown Rukstad |
| 1:2024cv00207 |
| November 6, 2024 |
| U.S. District Court for the Eastern District of Missouri |
| Matthew T Schelp |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 3, 2025. A more recent docket listing may be available from PACER.
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Filing 14
ORDER of USCA as to #9 Notice of Appeal filed by Jerry L. Gater Regarding: Order to Show Cause USCA Appeal #: 24-3516 (CMH)
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Filing 13
ORDER of USCA as to #9 Notice of Appeal filed by Jerry L. Gater Regarding: Submission of non-electronic documents, if any. USCA Appeal #: 24-3516 (CMH)
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Filing 12
ORDER of USCA as to #9 Notice of Appeal filed by Jerry L. Gater Regarding: The $605 appellate filing and docketing fee has not been paid and is due. USCA Appeal #: 24-3516 (CMH)
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Filing 11
Initial Notification from USCA for #9 Notice of Appeal filed by Jerry L. Gater USCA Appeal Number: 24-3516(CMH)
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Filing 10
NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #9 Notice of Appeal. Notice of Appeal filed on 12/06/2024 by Plaintiff Jerry L. Gater. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(CMH)
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Filing 9
NOTICE OF APPEAL as to #7 Memorandum Opinion by Plaintiff Jerry L. Gater. [Address updated in CM/ECF this date](ANR)
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Filing 8
ORDER OF DISMISSAL...IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. Signed by District Judge Matthew T. Schelp on 12/3/2024. (NEP)
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Filing 7
MEMORANDUM OPINION...On November 08, 2024, the Court ordered Plaintiff to file a First Amended Complaint using the Court-provided civil complaint form as required by the Court's Local Rule. See Doc. #5 (citing E.D. Mo. L.R. 2.06(A) (providing that self-represented plaintiffs must bring all actions on applicable forms)); see also Martinez v. Union Pac. R. Co., 82 F.3d 223, 227 (8th Cir. 1996) (noting the Court of Appeals "has upheld strict compliance by trial courts with their local rules"); Hinterberger v. City of Indianapolis, 966 F.3d 523, 528 (7th Cir. 2020) (explaining that "district courts may require strict compliance with their local rules"). In the Order, the Court admonished Plaintiff that, if he failed to comply, his failure would result in the dismissal of this action without further notice. Nevertheless, Plaintiff failed to comply, and the time for him to do so has passed. See Fed. R. Civ. P. 6(a) (computing time). Because Plaintiff failed to comply, the Court will enter an Order of Dismissal herewith dismissing this action without prejudice. See Hutchins v. A.G. Edwards & Sons, Inc., 116 F.3d 1256, 1259 (8th Cir. 1997) ("A district court has the power to dismiss a litigant's cause of action when the litigant fails to comply with the court's orders."); Brent v. Hyundai Motor's Am., 679 F. App'x 976, 977 (11th Cir. 2017) (per curiam) (district courts may sua sponte dismiss a case for a plaintiff's failure to comply with a court order). Signed by District Judge Matthew T. Schelp on 12/3/2024. (NEP)
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Filing 6
CJRA ORDER (NMG). Magistrate Judge Patricia L. Cohen termed. Case reassigned to District Judge Matthew T. Schelp for all further proceedings. (CMH)
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ORDER RECEIPT: (see receipt) Docket No: 6. Tue Nov 19 11:15:55 CST 2024 (Hency, Christy)
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Filing 5
ORDER: IT IS HEREBY ORDERED that the Clerk is directed to mail Plaintiff a copy of the Court's civil complaint form. IT IS FURTHER ORDERED that Plaintiff must file and amended complaint on the Court-provided form within twenty-one (21) days of the date of this Order. IT IS FURTHER ORDERED if Plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice and without further notice to Plaintiff. Signed by Magistrate Judge Patricia L. Cohen on 11/8/2024. (JMC) (Complaint form forwarded to Gater)Modified on 11/12/2024 (MRS).
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Filing 4
Request for Electronic Noticing from Jerry Gater. Email Address will be added to the party's record. (JMC)
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Filing 3
Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (auto)
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Filing 2
MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Jerry L. Gater. (MRS)
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Filing 1
DCM COMPLAINT against defendant Tori Caldwell, Unknown Rukstad, filed by Jerry L. Gater.(MRS)
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***Complaint Letter Processed (see notice of electronic filing for distribution list) Wed Nov 6 16:00:48 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. (MRS)
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Case Opening Notification. Judge Assigned: U.S. Magistrate Judge Patricia L. Cohen. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. (MRS)
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