Moore v. Shipley et al
| Elijah William Moore |
| David Shipley, Unknown Dickey, Movement Team Members 2-3-4-5 and Use of Force Operator |
| 4:2013cv01928 |
| September 26, 2013 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Washington |
| Thomas C. Mummert |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| 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
120
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion for default judgment as to liability against Defendant Anthony Wayne Perry is DENIED without prejudice. (Doc. No. 111 .) Signed by District Judge Audrey G. Fleissig on June 3, 2015. (BRP)
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Filing
107
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion (Doc. No. 99 ) for leave to file a second amended complaint adding new claims is DENIED. The Court concludes that the new claims (retaliation and harassment claims against ne w defendants) do not arise out of the same operative facts as the first amended complaint (use of excessive force), and that allowing the amendment would result in undue delay in the litigation of Plaintiff's current claims. IT IS FURTHER OR DERED that Plaintiff's motion to allow his present counsel to withdraw and to appoint substitute counsel (Doc. No. 100 ) is DENIED. The primaryreason advanced by counsel in support of the motion namely, that he would be a necessary witness in the litigation of Plaintiff's new proposed claims no longer applies. And on this record, the Court is not swayed by counsel's argument that continuing to represent Plaintiff will be a hardship on counsel. Counsel voluntarily undertook representation of Petitioner, and can be expected to continue his representation through the litigation of this relatively straightforward case. (SEE ORDER FOR FURTHER DETAILS) Signed by District Judge Audrey G. Fleissig on May 1, 2015. (BRP)
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Filing
93
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motions (Doc. Nos. 66 & 73) of Defendants David Shipley, Paul Malady, Robert Thebeau, Jordan Villmer, and David Williamson to dismiss this action against them in their official capacities, is GRANTED. Signed by District Judge Audrey G. Fleissig on 3/13/15. (JWJ)
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Filing
91
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs Motion for Leave to Substitute verified motion (Doc. No. 88) is GRANTED, and Doc. No. 83 is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs motion for default judgment as to liability against Defendant Derek Dickey is DENIED without prejudice. (Doc. No. 88-2.) Dated this. Signed by District Judge Audrey G. Fleissig on 3/11/15. (JWJ)
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Filing
23
MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that defendants Derek Dickey, Movement Team Members 2-3-4-5 and Use of Force Operator are DISMISSED without prejudice. Signed by District Judge Catherine D. Perry on 02/19/2014. (CBL)
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Filing
4
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [#2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.50 within thirty (30) days of the date of t his 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. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue on defendants David Shipley and Unknown Dickey (COII), both of whom are alleged to be employed at ERDCC. IT IS FURTHER ORDERED that defendants shall reply to plaintiff's claims within the time provided by the Federal Rules of Civil Procedure. ( Initial Partial Filing Fee due by 11/2/2013.) Signed by District Judge Catherine D. Perry on October 3, 2013. (MCB)
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