Cunningham v. Sharpe
Plaintiff: Rodney Cunningham
Defendant: John Sharpe
Case Number: 4:2018cv00753
Filed: May 14, 2018
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Francois
Presiding Judge: David D. Noce
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
April 22, 2019 Opinion or Order Filing 30 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion of defendant John Sharpe for summary judgment (Doc. 27 ) is sustained. An appropriate judgment order is issued herewith. Signed by Magistrate Judge David D. Noce on 4/22/2019. (CLO)
July 11, 2018 Opinion or Order Filing 12 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendant John Sharpe in his individual capacity. Service shall be effectuated at the address provided by defense couns el in its response to the court filed on June 25, 2018. [Doc. #11] IT IS FURTHER ORDERED that because plaintiff is proceeding in forma pauperis in this action, service shall be effectuated by the United States Marshal's Office through summons, pursuant to Fed.R.Civ.P. 4. See 28 U.S.C. § 1915. IT IS FURTHER ORDERED that a copy of the summons and the return of summons shall be filed under seal and will not be served upon plaintiff, as these documents will contain defendant Sharpe's last known home address. Signed by Magistrate Judge David D. Noce on 7/11/18. (JAB)
June 18, 2018 Opinion or Order Filing 9 MEMORANDUM AND ORDER: On June 4, 2018, the Missouri Attorney General's Office indicated that it would not waive service on behalf of John Sharpe as he no longer is employed by the Missouri Department of Corrections. Therefore, the Court will o rder counsel to submit, under seal and ex parte, the last known address for defendant John Sharpe. Accordingly, IT IS HEREBY ORDERED that, no later than twenty-one days from the date of this Memorandum and Order, defense counsel shall file, under seal and ex parte, the last known home address for defendant John Sharpe. Signed by Magistrate Judge David D. Noce on 6/18/18. (JAB)
May 17, 2018 Opinion or Order Filing 5 OPINION 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 the plaintiff shall pay an initial filing fee of $10.20 within 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 f or 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 Cl erk shall issue process or cause process to issue upon the complaint as to defendant Correctional Officer John Sharpe in his individual capacity. Defendant shall be served through the waiver agreement this Court maintains with the Missouri Attorne y Generals Office. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendant John Sharpe shall reply to plaintiff's claims 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 issue upon the complaint as to plaintiffs official capacity claims against defendant John Sharpe because these claims are legally frivolous or fail to stat e a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. An Order of Partial Dismissal will accompany this Memorandum and Order. ( Initial Partial Filing Fee due by 6/16/2018.) Signed by District Judge Henry Edward Autrey on 5/17/18. (KJS)
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Plaintiff: Rodney Cunningham
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Defendant: John Sharpe
Represented By: Office of Missouri Attorney General(Designation State / Local Government)
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