Rushing v. Simpson et al
Plaintiff: Joseph Rushing
Defendant: Nancy Simpson, Joe Easter, Larry Majors and Evan Miller
Case Number: 4:2008cv01338
Filed: September 4, 2008
Court: US District Court for the Eastern District of Missouri
Office: Prisoner: Civil Rights Office
County: St. Genevieve
Presiding Judge: Catherine D. Perry
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

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Date Filed Document Text
December 11, 2009 Opinion or Order Filing 78 JUDGMENT IT IS HEREBY ORDERED, ADJUDGED and DECREED that defendants shall have judgment on plaintiff's federal law claims, those claims aredismissed with prejudice, and plaintiff's state law claims are dismissed without prejudice. Signed by Honorable Catherine D. Perry on December 11, 2009. (MCB)
August 14, 2009 Opinion or Order Filing 71 MEMORANDUM AND ORDER. ORDERED that plaintiff's motions to appoint counsel [# 60 and # 66 ] are DENIED. FURTHER ORDERED that plaintiff's motions to compel [# 61 and # 67 ] are DENIED. FURTHER ORDERED that plaintiff's motion to corresp ond with a witness through the mail system [# 53 ] is DENIED. FURTHER ORDERED that plaintiff's motion for an extension of time to respond to summary judgment [# 70 ] is GRANTED. Plaintiff will have 20 days from the date of this Order to file his response. Signed by Honorable Catherine D. Perry on 8/14/09. (KLH)
June 2, 2009 Opinion or Order Filing 48 ORDER re 43 MOTION to Appoint Counsel filed by Joseph Rushing IT IS HEREBY ORDERED that plaintiff's motion to appoint counsel [#43] is DENIED.Signed by Honorable Catherine D. Perry on June 2, 2009. (MCB)
May 22, 2009 Opinion or Order Filing 46 ORDER. IT IS HEREBY ORDERED that defendants must, by Friday, May 29,2009, respond to plaintiff's motion to appoint counsel, notice to the court, and response to defendants' motion for extension of time, all filed by plaintiff on May 20, 2009. Response to Court due by 5/29/2009. Signed by Honorable Catherine D. Perry on 5/22/09. (RJD)
April 3, 2009 Opinion or Order Filing 39 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's motion to allow plaintiff access to email and internet for legal purposes [#16] is DENIED. IT IS FURTHER ORDERED that plaintiff's motion for legal contact [#30] is DENIED. IT IS FURTHER ORDERED that plaintiff's motions to appoint counsel [#17] and [#37] are DENIED. IT IS FURTHER ORDERED that plaintiff's motion to compel [#31] is GRANTED in part. Defendants must produce the information plaintiff requested, in com pliance with this order. IT IS FURTHER ORDERED that defendants' motion for leave to file surreply [#29] is GRANTED. IT IS FURTHER ORDERED that defendants' motion for extension of time [#21] is DENIED as moot. Plaintiff's first motio n to compel [#25] is also DENIED as moot. IT IS FURTHER ORDERED that plaintiff's motion to reset deposition [#32] is DENIED. Plaintiff's motion for a new deposition [#36] is also DENIED. Signed by Honorable Catherine D. Perry on 4/3/09. (RJD)
February 2, 2009 Opinion or Order Filing 19 ORDER. IT IS HEREBY ORDERED that defendants must, within 15 days of thisOrder, respond to plaintiff's request for an order requiring MSOTC to provide him with internet access. Defendants must provide an affidavit describing, in detail, the legal materials available to detainees at MSOTC. Response to Court due by 2/18/2009. Signed by Honorable Catherine D. Perry on 2/2/09. (RJD)
November 17, 2008 Opinion or Order Filing 9 ORDER AND MEMORANDUM. ORDERED that plaintiff's original motion for leave to proceed in forma pauperis 2 is GRANTED. FURTHER ORDERED that plaintiff's October 14, 2008 motion for leave to proceed in forma pauperis [Doc. #6] is DENIED as moo t. FURTHER ORDERED that, as to plaintiff's excessive use of force claims against defendants Nancy Simpson, Joe Easter, Larry Majors, and Evan Miller, the Clerk shall issue process or cause process to be issued upon the complaint. FURTHER ORDERED that plaintiff's Due Process claim is DISMISSED, without prejudice, because it is legally frivolous and fails to state a claim or cause of action under 28 U.S.C. § 1915(e)(2)(B). An appropriate order of partial claim dismissal shall accompany this order and memorandum. Signed by Honorable Catherine D. Perry on 11/17/08. (KLH)
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Plaintiff: Joseph Rushing
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Defendant: Nancy Simpson
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Defendant: Joe Easter
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Defendant: Larry Majors
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Defendant: Evan Miller
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