Lowe v. Sturdevant et al
| Willie James Lowe, Jr. |
| Ralph Sturdevant, Jennifer Pecorella, Barron Pratte, Daniel Macke, Jerry Olsen, Lynn Lyons and John Marshall |
| 4:2023cv00799 |
| June 21, 2023 |
| US District Court for the Eastern District of Missouri |
| John M Bodenhausen |
| Matthew T Schelp |
| P.I.: Other |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| None |
Docket Report
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This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.
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Filing 22
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Consolidate, Doc. #16 , is GRANTED. Case No. 4:23-cv-799-MTS (Lowe v. Sturdevant, et al.) shall be consolidated into Case No. 4:23-cv-798-MTS (Lowe v. Pecorella, et al.), the lowest case number. IT IS FURTHER ORDERED that the Clerk of Court shall docket and file a copy of this Order in each of the above consolidated cases. IT IS FURTHER ORDERED that the Clerk of Court shall administratively close Case No. 4:23-cv-799-MTS, and all future filings concerning either case shall be filed only in Case No. 4:23-cv-798-MTS. IT IS FINALLY ORDERED that Plaintiff shall file a First Amended Complaint by September 5, 2023. The Clerk of Court is directed to mail Plaintiff a blank Civil Complaint form so that Plaintiff can file his First Amended Complaint. Signed by District Judge Matthew T. Schelp on July 25, 2023. (BRP)
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| ***REMARK: The Memorandum and Order issued on July 25, 2023 and Civil Complaint Form was mailed to Willie Lowe, Jr. at Ste. Genevieve Detention Center. Associated Cases: 4:23-cv-00798-MTS, 4:23-cv-00799-MTS(BRP) Modified on 7/26/2023 (BRP). |
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Filing 21
ORDER : IT IS HEREBY ORDERED that Plaintiff shall update the Court with his new mailing address within thirty (30) days of his date of release from prison (8/7/2023) and must also notify the Court of any changes of address in the future. Failure to notify the Court of a change in address will result in dismissal of this action under Local Rule 2.06(B). [SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Matthew T. Schelp on 07/10/2023. (KCD)
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ORDER RECEIPT: (see receipt) Docket No: 21. Mon Jul 10 12:59:46 CDT 2023 (Davis, Kinica)
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| Filing 20 PRO SE MOTION by Plaintiff Willie James Lowe, Jr. (BRP) |
| Filing 19 ENTRY of Appearance by Bradley J. Sylwester for Defendants John Marshall, Jerry Olsen, Jennifer Pecorella, Barron Pratte, Ralph Sturdevant. (Sylwester, Bradley) |
| Filing 18 ENTRY of Appearance by John L. Mullen for Defendants John Marshall, Jerry Olsen, Jennifer Pecorella, Barron Pratte, Ralph Sturdevant. (Mullen, John) |
| Filing 17 ENTRY of Appearance by Michael E. Bub for Defendants John Marshall, Jerry Olsen, Jennifer Pecorella, Barron Pratte, Ralph Sturdevant. (Bub, Michael) |
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Filing 16
ORDER: IT IS HEREBY ORDERED that all motions and deadlines in this action are STAYED pending the Court's ruling on the Motion to Consolidate in Lowe v. Pecorella et al, 4:23-cv-00798-MTS. Signed by District Judge Matthew T. Schelp on 7/6/2023. (KXS)
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ORDER RECEIPT: (see receipt) Docket No: 16. Thu Jul 6 11:24:30 CDT 2023 (Spurgeon, Katherine)
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| Filing 15 NOTICE of Filing of Motion to consolidated by Defendants Lynn Lyons, Daniel Macke with case number 4:23cv798 (Attachments: #1 Motion to Consolidate, #2 Memorandum in Support of Motion to Consolidate)(Schute, Karin) |
| Filing 14 NOTICE Regarding Scope of Employment Certification by Plaintiff Willie James Lowe, Jr (BRP) |
| Filing 13 Return Letter from Clerk to Plaintiff (Attachments: #1 Item Returned, #2 Item Returned, #3 Request by Non-Prisoner Self-Represented Party for Electronic Noticing) (BRP) |
| Filing 12 Request For CM/ECF Notifications by Plaintiff Willie James Lowe, Jr. (BRP) |
| Filing 11 REASSIGNMENT ORDER (GJL). The above-styled and numbered case was removed from St. Francois County Circuit Court on June 21, 2023. A review of the case reflects that the Original Filing Form filed by counsel for plaintiff states: "This Same Cause, Or A Substantially Equivalent Complaint, Was Previously Filed In This Court As Case Number 1:23-cv-00090-MTS And Assigned To The Honorable Judge Matthew T. Schelp." Due to clerical error, this case was randomly assigned to the Honorable John M. Bodenhausen, United States Magistrate Judge and must be reassigned. Accordingly, IT IS THEREFORE ORDERED that the above-styled cause is reassigned to the Honorable Matthew T. Schelp, United States District Judge. (JWD) |
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ORDER RECEIPT: (see receipt) Docket No: 11. Mailed to plaintiff Willie James Lowe, Jr. Fri Jun 23 09:50:32 CDT 2023 (Dockery, Jason)
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| Notice from Clerk instructing Defendants John Marshall, Jerry Olsen, Jennifer Pecorella, Barron Pratte, Ralph Sturdevant to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 7/3/2023. (ANP) |
| Filing 10 MOTION to Substitute Party United States of America for Daniel Macke and Lynn Lyons by Defendants Lynn Lyons, Daniel Macke. (Schute, Karin) |
| Filing 9 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (auto) |
| Filing 8 Electronic Notice - Application for Admission needed as to Michael W. Silvey. Review of case shows that Attorney Michael W. Silvey is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) |
| Filing 7 MOTION to Reset Hearing Date by Plaintiff Willie James Lowe, Jr. (JWD) |
| Filing 6 MOTION Requesting Video Conference, or in the Alternative, Request for Issuance of a Writ by Plaintiff Willie James Lowe, Jr. (JWD) |
| Filing 5 MOTION to Dismiss or Make More Definite Plaintiff's Petition by Defendants John Marshall, Jerry Olsen, Jennifer Pecorella, Barron Pratte, Ralph Sturdevant. (JWD) |
| Filing 4 Petition (Removal/Transfer) Received From: St. Francois County Circuit Court, filed by Willie James Lowe, Jr.(JWD) |
| Filing 3 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Lynn Lyons, Daniel Macke Sent To: Plaintiff (JWD) |
| Filing 2 SUPPLEMENTAL re #1 Notice of Removal Petition, Ex. A - Certification of Scope of Employment by Defendants Lynn Lyons, Daniel Macke. (Schute, Karin) |
| Filing 1 NOTICE OF REMOVAL from St. Francois County Circuit Court, case number 23SF-CC00118, Non-Jury Demand,, filed by Lynn Lyons, Daniel Macke. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Notice of Filing to Plaintiff, #4 Notice of Filing Notice of Removal, #5 State Court file)(Schute, Karin) |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Wed Jun 21 17:02:06 CDT 2023 (admin,) |
| ***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. (JWD) |
| Case Opening Notification. Judge Assigned: Honorable John M. Bodenhausen. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. (JWD) |
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