Watson et al v. Witty et al
| Terry G. Watson |
| Karey L. Witty, Ralf Sulke, Geeneen Wilhite, Renee Tradaro, Paul Jones, Aschok Chada, Matt Strumm, Deloise Williams, George Lombardi, Michael Bowersox, Michelle Buckner, Unknown Allen, Dean Minor and Lisa Pogue |
| 2:2016cv00071 |
| October 5, 2016 |
| US District Court for the Eastern District of Missouri |
| Hannibal Office |
| Randolph |
| Patricia L. Cohen |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
429
OPINION, MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Defendant Jeff Allen's Motion to Dismiss, [Doc. No. 408 ] is GRANTED. IT IS FURTHER ORDERED that Defendant Will Jones' Motion to Dismiss, [Doc. No. 411 ] is GR ANTED. IT IS FURTHER ORDERED Plaintiff's Motion for Judgment on the Pleadings, [Doc. No. 416], is DENIED. IT IS HEREBY ORDERED that Plaintiff shall, within 7 days from the date of this Opinion, show cause as to why Defendants Kattelman and Crouch should not be dismissed for failure to prosecute. ( Show Cause Response due by 3/31/2021.) Signed by District Judge Henry Edward Autrey on 3/23/2021. (CBL)
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Filing
396
OPINION, MEMORANDUM AND ORDER- IT IS HEREBY ORDERED that Plaintiffs demand for compensatory damages in the amount of $1.00 is granted. Plaintiffs demand for punitive damages remains. IT IS FURTHER ORDERED that Plaintiffs request for injunctive relief is denied at this time, as this motion is not the appropriate pleading to seek injunctive relief.. Signed by District Judge Henry Edward Autrey on 12/8/2020. (AAT)
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Filing
392
OPINION, MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' Motion to Dismiss, [Doc. No. 370], is granted. IT IS FURTHER ORDERED that Defendants Mike Parson, Anne Precythe, Lori Lewis, and Chantay Godert are dismissed from this action. Mike Parson, Ann Precythe (MODOC Director), Asst. Warden Chantay Godert and Lori Lewis (Deputy Warden and ADA Site Director) terminated. Signed by District Judge Henry Edward Autrey on November 2, 2020. (MCB)
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Filing
336
OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion for Reconsideration of the Denial of a Temporary Restraining Order and Preliminary Injunction, [Doc. No. 326 ], is denied. IT IS FURTHER ORDERED that Plaintiffs Motion for a Final Judgment on the Pleadings, Grant Summary Judgment or Move the Cause to Trial, [Doc. No. 330 ], is denied. IT IS FURTHER ORDERED that Plaintiffs Motion for Recognition of Other Court Decisions [sic] Directly Impacting the Cause in the Instant Case, [Doc. No. 334 ], is denied. Signed by District Judge Henry Edward Autrey on 10/7/19. (KJS)
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Filing
331
OPINION, MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff shall either pay the $505 appellate filing fee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order.IT IS FURTHER ORDERED that if pl aintiff submits a motion to proceed in forma pauperis, he must also submit a certified copy of his prison account statement for the six-month period immediately preceding the filing of his notice of appeal.IT IS FURTHER ORDERED that the Clerk shall m ail plaintiff a copy of the Court's form motion to proceed in forma pauperis. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will deny in forma pauperis status. (cc: mailed plaintiff a copy of the Court's form motion to proceed in forma pauperis.) Initial Partial Filing Fee due by 10/3/2019.. Signed by District Judge Henry Edward Autrey on 09/03/2019. (AAS)
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Filing
315
OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants Motion to Dismiss, [Doc. No. 265], is GRANTED.IT IS FURTHER ORDERED that Defendants Collins and Sweeten are dismissed from this action. 265 Signed by District Judge Henry Edward Autrey on 5/3/19. (CLA)
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Filing
305
OPINION, MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Class Action, [Doc. No. 134 ], is denied. Signed by District Judge Henry Edward Autrey on 3/13/2019. (CLO)
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Filing
277
OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendants Buckner and Pogues motion for summary judgment [Doc. No. 245] is GRANTED.IT IS FURTHER ORDERED an appeal of this grant of summary judgment would not be made in good faith.A separate Order of Partial Judgment will accompany this Memorandum and Order. 245 Signed by District Judge Henry Edward Autrey on 1/7/19. (CLA)
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Filing
125
OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendants Dr. Ashok Chada, Dr. Paul Jones and Katherine Bartons motion for summary judgment [Doc. # 91 ] is GRANTED. IT IS FURTHER ORDERED an appeal of this grant of summary judgment would not be made in good faith. A separate Order of Partial Judgment will accompany this Memorandum and Order. Signed by District Judge Henry Edward Autrey on 2/21/18. (KJS)
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Filing
77
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's motion to accept relevant evidence to the proceedings [Doc. # 72 ] is GRANTED. The Court takes judicial notice that evidence related to the identification of defend ant Correctional Officer Allen is contained in the Disciplinary Action Report attached to plaintiff's motion. IT IS FURTHER ORDERED that defense counsel, Assistant Attorney General Jeffrey Spahr, shall respond to the Court no later than fifte en (15) days of the date of this Memorandum and Order, and state whether counsel is able to properly identify defendant Correctional Officer Allen, through the assistance of the Disciplinary Action Report provided by plaintiff in Docket No. 72 . IT IS FURTHER ORDERED that if defense counsel, Assistant Attorney General Jeffrey Spahr, is able to properly identify defendant Correctional Officer Allen, he shall provide the Court, within fifteen (15) days of the date of this Memorandum and Ord er, defendant Allen's first name, so that the Court may properly serve defendant Allen through the waiver agreement this Court maintains with the Missouri Attorney General's Office. IT IS FURTHER ORDERED that if Officer Allen is no longe r employed by the Missouri Department of Corrections, counsel shall provide to the Court, under seal, within fifteen (15) days of the date of this Memorandum and Order, the last known home address for defendant Allen so that service may be effectuated on defendant Allen through summons. Signed by Magistrate Judge Patricia L. Cohen on 6/13/2017. (CBL)
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Filing
71
OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion to clarify his notice of appeal is [Doc. # 63 ] GRANTED IN PART. The Court takes judicial notice that plaintiff seeks to appeal all Orders from this Court denying his reque sts for injunctive relief and all Orders striking his stand-alone declarations. IT IS FURTHER ORDERED that this Court DENIES plaintiffs request for an extension of time to file his Notice of Appeal to the extent he is seeking one in order to encom pass any additional Court Orders. IT IS FURTHER ORDERED that this Court will not stay this action during the pendency of plaintiffs interlocutory appeal with the Eighth Circuit Court of Appeals. Signed by District Judge Henry Edward Autrey on 5/11/17. (KJS)
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Filing
62
OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motions to amend his complaint [Doc. #50 and #56] are DENIED. IT IS FURTHER ORDERED that plaintiffs motion for reconsideration of the denial of his request for injunctive relief relat ive to his food visitation rights [Doc. #54] is DENIED.IT IS FURTHER ORDERED that plaintiffs request to interfere with his wifes probation officers policy refusing to allow her to see him at the prison is DENIED. IT IS FURTHER ORDERED that the declar ations and the IRR filed as stand-alone documents in violation of this Courts prior Orders [Doc. #49 and #53] are STRICKEN from the Court record. IT IS FURTHER ORDERED that plaintiffs motion for injunctive relief [Doc. #55] is DENIED. IT IS FURTHER O RDERED that plaintiffs request for recusal is DENIED. IT IS FURTHER ORDERED that plaintiffs motion to proceed in forma pauperis on appeal [Doc. #58] is GRANTED.IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $66.37 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 if plaintiff wishes to withdraw his Notice of Interlocutory Appeal without paying the appellate filing fee he must do so within fifteen (15) days of the date of this Memorandum and Order.IT IS FURTHER ORDERED that an appeal of the denial of his motion for injunctive relief would not be taken in good faith. 58 53 54 40 49 55 56 50 Signed by District Judge Henry Edward Autrey on 4/12/17. (CLA)
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Filing
52
OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs declarations [Doc. # 44 and # 45 ] are STRICKEN from the Court record. IT IS FURTHER ORDERED that the Clerk shall not accept any additional stand- alone declarations from plaintif f in this case. If plaintiff attempts to file any additional stand-alone declarations with this Court that are not attached to a motion or pleading they shall be returned to plaintiff forthwith. IT IS FURTHER ORDERED that plaintiffs motion for injunctive relief [Doc. # 46 ] is DENIED. IT IS FURTHER ORDERED that an appeal of the denial of his motion for injunctive relief would not be taken in good faith. Signed by District Judge Henry Edward Autrey on 3/20/17. (KJS)
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Filing
40
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall issue process on the following individuals in their individual capacity pursuant to the service agreement the Court maintains with Corizon: Dr. Aschok Chada; Dr. Paul Jones and Ca thy Barton for an alleged deliberate indifference to plaintiffs serious medical needs in violation of the Eighth Amendment relative to plaintiffs back and leg issues. Defendants shall answer plaintiffs claims relative to Count I of his amended com plaint. No other claims shall issue with respect to these defendants. IT IS FURTHER ORDERED that the Clerk shall not issue process on the following Corizon employees: Karey Witty, Ralf Sulke, Geeneen Wilhite, or Renee Tradaro. The claims in plaint iffs amended complaint against these individuals are subject to dismissal. The claims against Corizon, LLC are also subject to dismissal. IT IS FURTHER ORDERED that the Clerk shall issue process pursuant to the waiver of service agreement the Cour t maintains with the Missouri Attorney Generals Office on: Lisa Pogue, Michelle Buckner and Correctional Officer Allen, relative to plaintiffs claims pursuant to the Americans with Disability Act violations which allegedly occurred at SCCC and MCC . Defendant Pogue shall answer the claims encompassed in Counts II and III of plaintiffs amended complaint. Defendant Buckner shall answer the claims set forth in Count II in plaintiffs amended complaint. Defendant Allen shall answer the claims se t forth in Count IV of plaintiffs amended complaint. No other claims shall issue with respect to these defendants. IT IS FURTHER ORDERED that no claims shall issue on MDOC employees: Dean Minor, George Lombardi, Michael Bowersox, Matt Sturmm, or D eloise Williams. The claims in plaintiffs amended complaint against these individuals are subject to dismissal. IT IS FURTHER ORDERED that plaintiffs request for injunctive relief relating to his request for the Court to order new construction at Moberly Correctional Center [Doc. # 16 ] is DENIED WITHOUT PREJUDICE at this time. IT IS FURTHER ORDERED that plaintiffs requests for injunctive relief for a Court Order for automatic renewal of his Omeprazole [Doc. # 21 , # 24 and # 25 ] are DEN IED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that plaintiffs request for injunctive relief enjoining MCC from scheduling dispensing medications during meal times [Doc. # 26 ] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that plaintiffs reque st for injunctive relief seeking to restrict defendants from enforcing the food visit policies against him at Moberly [Doc. # 28 ] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that plaintiffs request for injunctive relief seeking to restrict defendants from threatening him with removal from the law library at MCC and with the disciplinary sanction of Ad-Seg [Doc. # 29 ] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the following declarations filed by plaintiff, offered as s upplements to his amended complaint or exhibits to the record [Doc. # 18 , # 19 , # 20 , # 22 , # 23 , # 27 , # 30 , # 31 , # 32 , # 33 , # 34 , # 35 , # 36 , # 37 , # 38 and # 39 ] are STRICKEN. An Order of Partial Dismissal shall accompany this Memorandum and Order. Signed by District Judge Henry Edward Autrey on 3/9/17. (KJS)
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Filing
14
OPINION, MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $62.28 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 a n original proceeding.IT IS FURTHER ORDERED that plaintiffs motions to supplement his complaint [Doc. # 5 , # 6 , # 7 , # 8 , # 10 , # 11 , # 12 ] are DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that plaintiffs request for specific injunctive r elief relating to an order from this Court to mandate Corizon to provide plaintiff with specific pain medications on an automatic chronic care renewal process is [Doc. # 13 ] DENIED WITHOUT PREJUDICE at this time.IT IS FURTHER ORDERED that plainti ff shall file an amended complaint in this action within thirty (30) days of the date of this Memorandum and Order. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a Prisoner Civil Rights Complaint form. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Memorandum and Order, plaintiffs action will be dismissed, without prejudice. Signed by District Judge Henry Edward Autrey on 12/2/16. (Sent plt a copy of the Prisoner Civil Rights Complaint form)(KJS)
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