September 17, 2020 |
Filing
113
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' motion for summary judgment is GRANTED with respect to Defendants Rentfro, Hobbs, and Herzog and DENIED with respect to Defendant Uptegrove. IT IS FURTHER ORDERED that a conference ca ll with counsel for the parties is set for September 24, 2020, at 3:00 p.m., to discuss the trial date in this case. Call information will be sent separately via email. (Telephone Conference set for 9/24/2020 03:00 PM in Telephone Conference in Chambers before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 9/17/2020. (AFC)
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November 4, 2019 |
Filing
88
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion to dismiss is GRANTED. ECF No. 77 . Defendant Missouri Department of Corrections is dismissed from the case. Plaintiff's claims against individual Defendants remain pending. Missouri Department of Corrections terminated. Signed by District Judge Audrey G. Fleissig on 11/4/2019. (AFC)
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July 7, 2016 |
Filing
23
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that "Corey N. Uptegrove" shall be SUBSTITUTED for "Unknown Uptgrove" as a party-defendant in this action. IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause pro cess to be issued on the complaint as to defendant Corey N. Uptegrove at the address provided under seal in Document #20. IT IS FURTHER ORDERED that summons and return of summons on defendant Corey N. Uptegrove shall be FILED UNDER SEAL. IT IS FURTHER ORDERED that "Eric M. Herzog" shall be SUBSTITUTED for "Unknown Hergore" as a party-defendant in this action. Signed by District Judge Audrey G. Fleissig on 7/7/2016. (NEB)
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June 27, 2016 |
Filing
19
ORDER: IT IS HEREBY ORDERED that no later than thirty (30) days from the date of this Order, defense counsel Jeffrey T. Spahr, Assistant Attorney General, shall provide the Court, under seal and ex parte, with the last known full names, residenti al addresses, and/or places of employment for Missouri Department of Corrections employees, past or present, whose names are similar to Mr. Uptgrove and Mr. Hergore. IT IS FURTHER ORDERED that plaintiff's motion to compel [Doc. 15 ] is DENIED a s premature. IT IS FURTHER ORDERED that plaintiff's motion for an extension of time [Doc. 16 ] is DENIED as moot, because the Court will attempt to obtain the requisite information from the Office of the Missouri Attorney General. IT IS FURTHER ORDERED that plaintiff's motion for counsel [Doc. 17 ] is DENIED, without prejudice. Signed by District Judge Audrey G. Fleissig on June 27, 2016. (BRP)
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May 13, 2016 |
Filing
13
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that, on or before June 14, 2016, plaintiff shall provide the Court with the correct name and address of defendants "Unknown Hergore" and Unknown Uptgrove so that service may be effected. Signed by District Judge Audrey G. Fleissig on 05/13/2016. (KCB)
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April 4, 2016 |
Filing
7
MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. # 2 ] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $4.83 within thirty (30) days of the date of t his Order. Plaintiff is instructed to make his remittance payable to AClerk, 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 ori ginal proceeding. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to be issued upon the complaint as to all defendants in their individual capacities. IT IS FURTHER ORDERED that, in their individual capacities, all defendant s shall reply to the complaint within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. See 42 U.S.C. ' 1997e(g)(2). IT IS FURTHER ORDERED that plaintiff's official-capacity andFourteen th Amendment claims against all defendants are DISMISSED withoutprejudice. See 42 U.S.C. ' 1915(e)(2)(B). IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [Doc. # 4 ] is DENIED, without prejudice to refiling at a lat er time. IT IS FURTHER ORDERED that, pursuant to this Court=s differentiated case management system, this case is assigned to Track 5B (prisoner actions-standard). A separate Order of Partial Dismissal shall accompany this Memorandum and Order. ( Initial Partial Filing Fee due by 5/4/2016.) Signed by District Judge Audrey G. Fleissig on 4/4/2016. (NEB)
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October 14, 2015 |
Filing
5
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that the Clerk shall not issue process or cause process to issue on the complaint at this time. IT IS FURTHER ORDERED that plaintiff shall file a written supplement to his complaint within thirty (30) day s from the date of this Order, stating whether he is suing the named defendants in their official capacity, individual capacity, or both individual and official capacities, in accordance with the specific instructions set forth above. IT IS FURTHER ORDERED that plaintiff's failure to supplement his complaint in accordance with this Court's instructions will result in the dismissal of this action, without prejudice and without further notice to him. Signed by District Judge Audrey G. Fleissig on 10/14/2015. (NEB)
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