Bailey v. Brothers et al
| David Eugene Bailey |
| Unknown Brothers, Unknown Nash, Unknown Calvin, Jane Doe #1 and Jane Doe #2 |
| 4:2010cv02091 |
| November 3, 2010 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Washington |
| Henry E. Autrey |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
30
MEMORANDUM AND ORDER re: 27 HEREBY ORDERED that Defendant McKinney's Motion for Summary Judgment, [Doc. No. 27 ] is granted. Signed by Honorable Henry E. Autrey on 04/20/12. (CLK)
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Filing
4
OPINION MEMORANDUM and ORDER. IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.98 within thirty (30) days of the date o f 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 fails to pay the initial partial filing fee within thirty (30) days of the date of this Order, then this case will be dismissed without prejudice and will not count as a strike pursuant to 28 U.S.C . § 1915(g). IT IS FURTHER ORDERED that plaintiffs claims against defendant Jane Doe #2, a Functional Unit Manager at Moberly Correctional Center, are SEVERED from the instant action, because they are not properly joined under Rule 20(a)(2) of t he Federal Rules of Civil Procedure. The Clerk of Court shall open a new case, utilizing the complaint [Doc. #1] submitted here. The new case will be styled David Eugene Bailey v. Jane Doe #2. IT IS FURTHER ORDERED that plaintiffs claims against defe ndants Jane Doe #1, Unknown Nash, Unknown Calvin, Unknown Brothers and Unknown Feith are SEVERED from the instant action, because they are not properly joined under Rule 20(a)(2) of the Federal Rules of Civil Procedure. The Clerk of Court shall open a new case, utilizing the complaint [Doc. #1] submitted here. The new case will be styled David Eugene Bailey v. Jane Doe #1, Unknown Nash, Unknown Calvin, Uknown Brothers, and Unknown Feith.IT IS FURTHER ORDERED that the Clerk shall not issue proces s or cause process to issue upon the complaint as to defendant CMS because, as to this defendant, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendant Unknown McKinney, a CMS doctor at Potosi Correctional Center. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendant Unknown McKinney shall reply to plaint iffs claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. A separate Order of Partial Dismissal shall accompany this Memorandum and Order. See Order for further details. Signed by Honorable Henry E. Autrey on 3/4/2011. (CBL)
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