Perry v. Crews et al
| Mark R. Perry |
| Jason Finch, Michelle Gomas, R. Palmer, M. Figge, John Doe, T. Crews, John Colligan and James Crump |
| 4:2013cv01883 |
| September 20, 2013 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Francois |
| Rodney W. Sippel |
| 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
38
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for stay Doc. # 27 is DENIED. IT IS FURTHER ORDERED that defendants' motion for summary judgment Doc. # 24 is GRANTED. IT IS FURTHER ORDERED that plaintiff's claims against defendants are DISMISSED with prejudice pursuant to 42 U.S.C. § 1997(e). IT IS FURTHER ORDERED that all other pending motions are DENIED AS MOOT. A separate Judgment shall accompany this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 6/23/14. (ARL)
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Filing
15
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motions to proceed in forma pauperis [Doc. #2 and #10] are GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.75 within thirty (30) days of th e 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 remitt ance 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. IT IS FURTHER ORDERED tha t the Clerk shall issue process or cause process to issue, through the waiver agreement with the Missouri Attorney General's Office, upon plaintiff's First Amendment retaliation claims in the second amended complaint as to defendants Jaso n Finch, Ms. R. Palmer, Michelle Gomas, John Colligan and Ms. M. Figge in their individual capacities only. The Clerk shall not issue process on plaintiff's claims against these defendants in their official capacities, as these claims are sub ject to dismissal. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. 1997e(g)(2), defendants Jason Finch, Ms. R. Palmer, Michelle Gomas, John Colligan and Ms. M. Figge, in their individual capacities, shall reply to plaintiff's claims of First Amendment retaliation in his second amended complaint within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to iss ue upon the second amended complaint as to defendants T. Crews and John Doe2 because, as to these defendants, the second amended complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDER ED that the Clerk shall not issue process or cause process to issue upon plaintiff's second amended complaint as to plaintiff's claims for due process violations relating to his loss of "good time credits," removal from the FTC Treatment program in August 2010, his loss of a "conditional release date" relating to 2010, his placement in administrative segregation for twenty (20) days, and inability to use videotape evidence during his administrative hearing for a conduct violation he received in 2010. IT IS FURTHER ORDERED that plaintiff's motions for appointment of counsel [Doc. #4 and #13] are DENIED. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. An appropriate Order of Partial Dismissal shall accompany this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 2/5/14. (KXS)
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Filing
9
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for extension of time Doc. # 8 is GRANTED. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on a court-provided form no later than January 14, 2014. IT IS H EREBY ORDERED that plaintiff shall either pay the $350 filingfee or submit a proper motion to proceed in forma pauperis no later than January 14, 2014. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed, the dismissal will not constitute a strike under 28 U.S.C. § 1915(g).( Response to Court due by 1/14/2014.) Signed by District Judge Rodney W. Sippel on 12/9/13. (ARL)
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Filing
7
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form Prisoner Civil Rights Complaint. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form Motion to Proceed In Forma Pauperis Prisoner Cases. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court-provided form within thirty (30) days of the date of this Order. IT IS HEREBY ORDERED that plaintiff shall either pay the &# 036;350 filing fee or submit a proper motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice . If the case is dismissed, the dismissal will not constitute a "strike" under 28 U.S.C. § 1915(g). IT IS FURTHER ORDERED that plaintiffs motion for issuance of subpoenas [Doc. #5] is DENIED without prejudice as prematurely filed. (NOTE: Copy of forms and Order mailed to Plaintiff) Signed by District Judge Rodney W. Sippel on 11/15/13. (LAH)
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