Wagner v. Gober et al
Plaintiff: Benjamin William Wagner
Defendant: James Gober
Case Number: 4:2015cv01789
Filed: November 20, 2015
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Francois
Presiding Judge: Charles A. Shaw
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
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Date Filed Document Text
January 10, 2019 Opinion or Order Filing 78 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for order directing the Missouri Department of Corrections to return money to his inmate account is DENIED. [Doc. 77 ] IT IS FURTHER ORDERED that an appeal of this Order would not be taken in good faith. Signed by District Judge Charles A. Shaw on 1/10/19. (JWD)
July 13, 2017 Opinion or Order Filing 75 MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that defendant Warner's motion for summary judgment is GRANTED. [Doc. 53] IT IS FURTHER ORDERED that plaintiff's motion for reconsideration of the dismissal pursuant to 28 U.S. C. § 1915(e)(2)(B) of his claims against defendants Gaines, Rhodes, White,Camden and White is DENIED. [Doc. 49] IT IS FURTHER ORDERED that plaintiff's Motion for Order is DENIED. [Doc. 56] IT IS FURTHER ORDERED that all other pending motions are DENIED as moot. [Docs. 46, 50, 51, 70] An appropriate judgment will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 7/13/2017. (MRC)
January 5, 2017 Opinion or Order Filing 44 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for deposition of the defendant is DENIED. [Doc. 39 ] Signed by District Judge Charles A. Shaw on 1/5/17. (JWD)
November 30, 2016 Opinion or Order Filing 41 ORDER -...IT IS HEREBY ORDERED that plaintiff's motion to temporarily suspend the required payment of filing fees is DENIED. [Doc. 40]. Signed by District Judge Charles A. Shaw on 11/30/2016. (MRC)
September 29, 2016 Opinion or Order Filing 36 MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that plaintiff's motion to compel production of his "complete prison record" for the period October 15, 2014 to March 31, 2015 is DENIED. [Doc. 33] IT IS FURTHER ORDERED that plaintiff's motion to amend the Case Management Order is GRANTED. [Doc. 32] Signed by District Judge Charles A. Shaw on 9/29/2016. (MRC)
March 31, 2016 Opinion or Order Filing 25 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Response to Defendant Warner's Affirmative Defenses, construed as a reply to the defendants Answer, is STRICKEN from the record of this case. [Doc. 24] IT IS FUR THER ORDERED that the Clerk of the Court shall delete from the record of this case Document 24, plaintiff's reply to the defendant's Answer (docketed as "Plaintiff's Response to Defendant Warners Affirmative Defenses"). Signed by District Judge Charles A. Shaw on 3/31/16. (JWD)
January 20, 2016 Opinion or Order Filing 16 MEMORANDUM AND ORDER -.....IT IS HEREBY ORDERED that plaintiff's motion for reconsideration is GRANTED in part and DENIED in part. [Doc. 14] IT IS FURTHER ORDERED that the Court's Memorandum and Order and Order of Dismissal dated December 21, 2015, are VACATED. [Docs. 8, 9] IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis is GRANTED. [Doc. 3] IT IS FURTHER ORDERED that plaintiff's second motion for leave to proceed in f orma pauperis is DENIED as moot. [Doc. 6] IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $4.25 within thirty (30) days of the date of this Order. 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 is directed to serve process on defendant Robert Warner. IT IS FURT HER ORDERED that plaintiff's official-capacity claims against all defendants are DISMISSED. IT IS FURTHER ORDERED that defendants James Gober, Richard Gaines, Tamera White, Gregory Rhodes, Melissa White, Randy Comden, Brad Burd, T om Villmer, Dwayne V. Kempker, Robert Killian, John/Jane Doe Assistant Warden, Paul Blair, Whitney Tucker, Unknown House, and Jason Horn are DISMISSED from this action without prejudice. IT IS FURTHER ORDERED that plaintiff's motion for preliminary injunction is DENIED as moot. [Doc. 5]. An Order of Partial Dismissal will be filed separately.. Signed by District Judge Charles A. Shaw on 1/20/2016. (MRC)
December 21, 2015 Opinion or Order Filing 8 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis isGRANTED. [Doc. 3 ]IT IS FURTHER ORDERED that plaintiff's second motion for leave to proceed informa pauperis is DENIED as moot. [Doc. 6 ]IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $4.25within thirty (30) days of the 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 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 is directed to serve process on defendant James Gober. IT IS FURTHER ORDERED that pl aintiff's official-capacity claims are DISMISSED. IT IS FURTHER ORDERED that defendants Richard Gaines, Tamera White, Gregory Rhodes, Melissa White, Randy Comden, Brad Burd, Robert Warner, Tom Villmer, Dwayne V. Kempker, Robert Killian, Unknown House, John/Jane Doe Assistant Warden, Paul Blair, Whitney Tucker, and Unknown Employee #E0057419 are DISMISSED from this action without prejudice. IT IS FURTHER ORDERED that plaintiffs motion for injunction is DENIED as moot. [Doc. 5 ] Signed by District Judge Charles A. Shaw on 12/21/15. (JWD)
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Plaintiff: Benjamin William Wagner
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Defendant: James Gober
Represented By: Joel A. Poole
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