Scott v. Russell et al
| Kerwin D. Scott |
| Stanley Payne, Carl Brawley, Robert Harris, Mary Storz, Joe Hoffmiester, Unknown Browers, Terry Russell, Unknown McGee, Dwayne Kempker and John Doe #1 |
| 4:2013cv00255 |
| February 8, 2013 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Francois |
| Terry I. Adelman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
103
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' motions to dismiss are granted. (Docs. No. 65 & 80.) Plaintiff's claims against Defendants Payne, Hoffmiester, Russell, and Kempker in both Counts of Plaintiff's third amended complaint are DISMISSED without prejudice. Plaintiff's claims against Defendants Morgan, Weber, Boatright, and John/Jane Does No. 1-10 in Count II of Plaintiff's third amended complaint are DISMISSED without prejudice to refiling in a separate action. Signed by District Judge Audrey G. Fleissig on 9/10/2014. (NCL)
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Filing
96
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion for reconsideration of the Courts Order denying counsels request to withdraw is GRANTED. Doc. No. 90 . IT IS FURTHER ORDERED that Plaintiffs motions for appointment of counsel are GRANTED. Doc. Nos. 89 & 94 . IT IS FURTHER ORDERED that Plaintiffs counsel shall be permitted to withdraw from her representation of Plaintiff in this matter at such time as substitute counsel is designated for appointment from the Courts Pro bono Service Panel. IT IS FURTHER ORDERED that prior to her withdrawal from this case, Plaintiffs counsel shall deliver to appointed counsel all files and records related to the case. Signed by District Judge Audrey G. Fleissig on 4/7/2014. (RAK)
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Filing
70
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED the parties are to, no later than January 23, 2014, submit to the Clerk's Office the consent/option form either consenting to the jurisdiction of the undersigned or opting to have the case assigned to a United States District Judge. IT IS FURTHER ORDERED that Plaintiff shall identify the Doe Defendants not later than January 23, 2014. Failure to identify the Doe Defendants will result in the instant case being reassigned due to lack of consent. Response to Court due by 1/23/2014. Signed by Magistrate Judge Terry I. Adelman on 1/2/2014. (KMS)
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Filing
60
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff shall file a third amended complaint within thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that plaintiffs motions for appointment of counsel [Docs. #29 and #51] and mo tion instructing defendants to respond to the second amended complaint [Doc. #44], are DENIED as moot. IT IS FURTHER ORDERED that the following pro se motions are DENIED without prejudice: Doc. #53 (motion requesting judicial notice), Doc. #55 (motion for temporary restraining order regarding deprivation of plaintiffs property), and Doc. #56 (motion for order directing defendants to respond to Doc. #55). Signed by Magistrate Judge Terry I. Adelman on 10/30/2013. (KMS)
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Filing
41
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Extension of time (Docket No. 40) is GRANTED. it is further ordered that the Clerk shall return the proposed Amended Complaint and other documents from Plaintiff received by mail on July 19, 2013. IT IS FURTHER ORDERED that Plaintiff shall submit the proposed Amended Complaint including a certificate of service showing Defendants' counsel as the recipient of the copy of the pleading no later than thirty (30) days from the date of this Memorandum and Order. Signed by Magistrate Judge Terry I. Adelman on 8/2/2013. (KMS)
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Filing
38
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff Motion Asking the Court to Direct Defendants [sic] to Respond in the Interest of Justice - to Achieve the Ends of Justice(Docket No. 37 ) is returned to Plaintiff without filing. IT IS FURT HER ORDERED that in the future, Plaintiff shall include a certificate of service on each separate pleading he files in this matter as stated in this Order, or the pleading will be returned to Plaintiff without filing. IT IS FURTHER ORDERED that the C lerk of the Court shall send another copy of the Order entered on July 3, 2013 (Docket No. 34 ) wherein the undersigned directed Plaintiff to submit an amended complaint on the Court-provided form no later than August 5, 2013. IT IS FURTHER ORDERED that the Clerk shall mail to Plaintiff another Civil Complaint form. Signed by Magistrate Judge Terry I. Adelman on 7/17/13. (KJS)
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Filing
34
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff Request Leave of Court to Proceed - Plaintiffs Supplemental Pleading - Plaintiff Request the Court to Direct the Defendants to Respond (Docket No. 28) is DENIED WITHOUT PREJUDICE. IT IS FURT HER ORDERED that the Clerk shall mail to plaintiff a Civil Complaint form. IT IS FURTHER ORDERED that Plaintiff shall submit an amended complaint on the Court provided form no later than thirty (30) days from the date of this Memorandum and Order. (Response to Court due by 8/2/2013.)(copy of order and civil complaint form mailed to Mr. Scott) Signed by Magistrate Judge Terry I. Adelman on 7/3/2013. (KMS)
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Filing
24
MEMORANDUM AND ORDER re: 4 2 [17ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. FURTHER ORDERED that plaintiff shall pay an initial filing fee of $42.79 within thirty (30) days of the date of this Order. FURTHER ORDERED that plaintiff's motions for appointment of counsel [Docs. #4 and #17] are DENIED without prejudice. FURTHER ORDERED that plaintiff's official-capacity claims against all defendants are DISMISSED without prejudice, pu rsuant to 28 U.S.C. 1915(e)(2)(B). FURTHER ORDERED that, as to defendants Terry Russell, Joe Hoffmiester, Dwayne Kempker, and Stanley Payne, the Clerk shall not issue process or cause process to issue, because the amended complaint is legally frivolo us and fails to state a claim upon which relief can be granted. FURTHER ORDERED that plaintiff's Fourteenth Amendment claims against defendants Carl Brawley, Mary Storz, Unknown Browers, Robert Harris, Unknown McGee, and John Doe #1 are DISMISSE D without prejudice. FURTHER ORDERED that plaintiff's claims that defendants Unknown Browers and Robert Harris violated his constitutional rights when they used a racial slur against him are DISMISSED without prejudice. FURTHER ORDERED that, as to plaintiff's remaining Eighth Amendment claims against defendants Carl Brawley, Robert Harris, Mary Storz, Unknown McGee, Unknown Browers, and John Doe #1 in their individual capacities, the Clerk shall issue process or cause process to be iss ued on the amended complaint. FURTHER ORDERED that, pursuant to the Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions). A separate Order of Partial Dismissal shall accompany this Memorandum and Order. ( Response to Court due by 7/5/2013.). Signed by District Judge Jean C. Hamilton on 6/5/13. (CEL)
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Filing
12
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion for leave to amend his complaint by interlineation [Doc. #11] is DENIED without prejudice. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on a court form withi n thirty (30) days of the date of this Order.IT IS FURTHER ORDERED that the Clerk of Court shall send plaintiff the court form titled Prisoner Civil Rights Complaint under 42 U.S.C. § 1983. Signed by Magistrate Judge Terry I. Adelman on 3/4/13. (KJS)
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