Engel et al v. MECC et al
| Joseph Michael Devon Engel and Clarence Z. Howard |
| MECC and MODOC |
| 4:2021cv01020 |
| August 13, 2021 |
| US District Court for the Eastern District of Missouri |
| Henry Edward Autrey |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2021. A more recent docket listing may be available from PACER.
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Filing 22
ORDER of USCA. The order remanding case to district court for calculation and collection of appellate filing fees pursuant to Henderson v. Norris, 129F.3d 418 (8th Cir. 1997), entered 09/07/2021, is hereby vacated. This court has previously determined that Appellant has three "strikes" under 28 U.S.C. 915(g). Accordingly, Appellant may not proceed in this appeal without first paying the full appellate docketing fee. Appellant is directed to pay to the Clerk of the United States District Court the appellate docketing fee of $505, or to file a pleading in this court explaining why Appellant is eligible to proceed without pre-payment of the fee. If appellant fails to either pay the fee or respond to this order within 30 days of the date of this order, the appeal will be dismissed for failure to prosecute. Compliance is due October 12, 2021. USCA Appeal #: 21-3011 (JEB)
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Filing 21
ORDER of USCA as to #15 Notice of Appeal filed by Joseph Michael Devon Engel Regarding: If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, CDs, videos, administrative records and state court files. These documents should be submitted within 10 days. USCA Appeal #: 21-3011 (MCB)
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Filing 20
ORDER of USCA Regarding: This case is remanded to the district court for calculation and collection of appellate filing fees pursuant to Henderson v. Norris,129 F.3d 481 (8th Cir. 1997). USCA Appeal #: 21-3011 (MCB) Modified on 9/8/2021 (MCB).
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Filing 19
Initial Notification from USCA for #15 Notice of Appeal filed by Joseph Michael Devon Engel USCA Appeal Number: 21-3011.(MCB)
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Filing 18
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal [ECF No. #14 ] is DENIED. IT IS FURTHER ORDERED that within thirty (30) days from the date of this Order, plaintiff shall pay to this Court the full $505.00 filing fee for filing an appeal. 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 identification number; (3) the case number; and (4) that the remittance is for the appeal of the instant action. IT IS FINALLY ORDERED that plaintiff shall file any future documents or pleadings in connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit. Signed by District Judge Henry Edward Autrey on 9/7/21. (EAB)
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Filing 17
NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #11 Order of Dismissal (case - Stipulation of Dismissal), #10 Opinion Memorandum,,,, Order (Financial),,,. Notice of Appeal filed on 9/3/2021 by Plaintiff Joseph Michael Devon Engel. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JWD) Modified on 9/7/2021 to correct date appeal was filed(JWD).
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Filing 16
Docket Text ORDER: Re: #14 MOTION for Leave to Proceed in forma pauperis on appeal under 42:1983 (prisoner) by Plaintiff Joseph Michael Devon Engel. (JEB) filed by Joseph Michael Devon Engel ; GRANTED. SO ORDERED. Signed by District Judge Henry Edward Autrey on September 7, 2021. (MCB)
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ORDER RECEIPT: (see receipt) Docket No: 16. sent to non-electronic party this date. Tue Sep 7 11:23:12 CDT 2021 (Berg, Melanie)
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ORDER RECEIPT: (see receipt) Docket No: 18. copy sent to non-electronic party on this date. Tue Sep 7 16:41:51 CDT 2021 (Brown, Erica)
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Filing 15
NOTICE OF APPEAL as to #10 Opinion Memorandum Order (Financial) #11 Order of Dismissal (case - Stipulation of Dismissal), by Plaintiff Joseph Michael Devon Engel. (JEB)
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Filing 14
MOTION for Leave to Proceed in forma pauperis on appeal under 42:1983 (prisoner) by Plaintiff Joseph Michael Devon Engel. (JEB)
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Filing 13
Letter/email to D.O.C. re:initiation of prisoner's installment payments for filing fee (MCB)
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Filing 12
Letter from Clerk sent to pro-se prisoner re:FRAP - all procedures for filing Notice of Appeal (copy of motion to proceed IFP on appeal attached and mailed). (EAB)
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Filing 11
ORDER OF DISMISSAL WITHOUT PREJUDICE. In accordance with the Opinion, Memorandum and Order entered herewith, IT IS HEREBY ORDERED that this case is DISMISSED without prejudice to the filing of a fully paid complaint. Signed by District Judge Henry Edward Autrey on 8/26/21. (EAB)
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Filing 10
OPINION, MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. #4 ] is DENIED. IT IS FURTHER ORDERED that this case is DISMISSED without prejudice to the filing of a fully-paid complaint. IT IS FURTHER ORDERED that the Clerk of Court shall request that the agency having custody of plaintiff begin making payments in accordance with 28 U.S.C. 1915(b)(2) until the full $402 civil filing fees are paid in full. IT IS FURTHER ORDERED that plaintiff's motion for temporary restraining order [ECF No. #8 ] is DENIED as moot. IT IS FINALLY ORDERED that plaintiffs motion for appointment of counsel [ECF No. #2 ] is DENIED as moot. An Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Henry Edward Autrey on 8/26/21. (EAB)
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ORDER RECEIPT: (see receipt) Docket No: 10, 11, 12. copy sent to non-electronic party on this date. Thu Aug 26 16:20:53 CDT 2021 (Brown, Erica)
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***REMARK: New Civil Case opened for plaintiff Clarence Z. Howard as case no. 4:21-cv-01051-RWS. (JKL)
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ORDER RECEIPT: (see receipt) Docket No: 9. copy sent to non-electronic party on this date. Mon Aug 23 12:09:32 CDT 2021 (Brown, Erica)
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Filing 9
OPINION, MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the Clerk is directed to STRIKE plaintiff Clarence Z. Howard from this action. IT IS FURTHER ORDERED that, using the complaint filed in the instant matter, the Clerk shall open a new prisoner civil rights case for the stricken plaintiff Clarence Z. Howard. IT IS FURTHER ORDERED that in the new case that is opened for plaintiff Clarence Z. Howard, the Clerk shall file a copy of this Memorandum and Order, his motion for leave to proceed in forma pauperis [ECF No. #6 ], his income account statement [ECF No. #7 ], and the motion for temporary restraining order [ECF No. #8 ]. IT IS FURTHER ORDERED that the Clerk shall STRIKE from the record in the instant case plaintiff Clarence Z. Howards motion for leave to proceed in forma pauperis [ECF No. 6] and his income account statement [ECF No. 7]. Signed by District Judge Henry Edward Autrey on 8/20/21. (EAB) (cc: case initiation team on 8/23/2021). (EAB).
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***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (JKL)
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Case Opening Notification: Judge Assigned: Honorable Henry E. Autrey. (JKL)
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***Complaint Letter Processed (see notice of electronic filing for distribution list) Mon Aug 16 16:02:32 CDT 2021 (admin,)
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Filing 8
MOTION for Temporary Restraining Order by Plaintiffs Joseph Michael Devon Engel, Clarence Z. Howard. (JKL)
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Filing 7
Non-Certified Inmate Account Statement by Plaintiff Clarence Z. Howard. (JKL)
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Filing 6
MOTION for Leave to Proceed in forma pauperis by Plaintiff Clarence Z. Howard. (JKL)
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Filing 5
Certified Inmate Account Statement by Plaintiff Joseph Michael Devon Engel. (JKL)
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Filing 4
MOTION for Leave to Proceed in forma pauperis by Plaintiff Joseph Michael Devon Engel. (JKL)
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Filing 3
MOTION to Appoint Counsel by Plaintiff Clarence Z. Howard. (JKL)
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Filing 2
MOTION to Appoint Counsel by Plaintiff Joseph Michael Devon Engel. (JKL)
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Filing 1
COMPLAINT against defendant MECC, MODOC Jury Demand,, filed by Joseph Michael Devon Engel, Clarence Z. Howard. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Exhibit Howard Grievance, #4 Exhibit Howard Letter to Attorneys, #5 Exhibit Engel Mailroom Correspondence, #6 Exhibit Howard Mailroom Correspondence, #7 Correspondence Engel/Howard Correspondence, #8 Envelope Engel/Howard Envelope)(JKL)
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