Kinnie v. Allen et al
| Dairius D'wayne Kinnie |
| Elizabeth Allen, Scott Anders and St. Louis County Justice Center and Medical Department |
| St. Louis County, Missouri. |
| 4:2023cv00980 |
| August 7, 2023 |
| US District Court for the Eastern District of Missouri |
| Stephen R Welby |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.
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Filing 21
ORDER. (See Full Order.) IT IS HEREBY ORDERED that the Clerk of Court shall effectuate service of process via the United States Marshal's Office upon Defendant Elizabeth Allen at the address provided in docket number 20. IT IS FURTHER ORDERED that a copy of the summons and the return of summons shall be filed under seal and ex parte. Signed by Magistrate Judge Stephen R. Welby on 10/2/2023. (CBL)
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ORDER RECEIPT: (see receipt) Docket No: 21. Order sent to party not electronically notified this date. Mon Oct 2 10:04:10 CDT 2023 (Long, Carol)
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Filing 20
EX PARTE SEALED DOCUMENT by Respondent St. Louis County, Missouri.. (McGarry, Willie) (Modified on 9/29/2023 to add Ex Parte restriction.) (CBL).
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Filing 19
SUMMONS Returned Executed filed by Dairius D'wayne Kinnie. Scott Anders served on 9/26/2023, answer due 10/17/2023. (JMP) (Modified on 9/29/2023 to correct service and answer date.) (CBL).
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Filing 18
*** IMPROPER SERVICE - SEE MEMORANDUM AND ORDER #17 *** SUMMONS Returned Executed filed by Dairius D'wayne Kinnie. Elizabeth Allen served on 9/26/2023, answer due 10/17/2023. (JMP) Modified on 9/29/2023 (CBL).
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Filing 17
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion of St. Louis County to quash service on Defendant Elizabeth Allen [ECF No. #15 ] is GRANTED. IT IS FURTHER ORDERED that St. Louis County is directed to submit the last known residential address and/or forwarding work address for Defendant Elizabeth Allen under seal and ex parte. no later than twenty-one (21) days from the date of this Order. Signed by Magistrate Judge Stephen R. Welby on 9/28/2023. (CLH)
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ORDER RECEIPT: (see receipt) Docket No: 17. Mailed to party not set up for electronic delivery. Thu Sep 28 11:12:56 CDT 2023 (Hutson, Chelsea)
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Filing 16
MEMORANDUM in Support of Motion re #15 MOTION to Quash Service filed by Respondent St. Louis County, Missouri.. (McGarry, Willie)
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Filing 15
MOTION to Quash Service by Respondent St. Louis County, Missouri.. (McGarry, Willie)
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Filing 14
ENTRY of Appearance by Willie Thomas McGarry for Respondent St. Louis County, Missouri.. (McGarry, Willie)
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Filing 13
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's second motion for appointment of counsel [ECF No. #12 ] is DENIED without prejudice. Signed by Magistrate Judge Stephen R. Welby on 9/19/2023. (JMP)
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ORDER RECEIPT: (see receipt) Docket No: 13. Tue Sep 19 14:51:23 CDT 2023 (Parker, Jacqueline)
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Filing 12
PRO SE MOTION FOR APPOINTMENT OF COUNSEL AND AFFIDAVIT IN SUPPORT by Plaintiff Dairius D'wayne Kinnie. (JMP)
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Filing 11
Summons Issued as to defendant Scott Anders. The summons was hand delivered to USMS for service. (HMA)
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Filing 10
Summons Issued as to defendant Elizabeth Allen. The summons was hand delivered to USMS for service. (HMA)
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Filing 9
ORDER OF PARTIAL DISMISSAL. In accordance with the Opinion, Memorandum and Order entered on this date and incorporated herein, IT IS HEREBY ORDERED that Plaintiff's claim against the St. Louis County Justice Center Medical Department is DISMISSED without prejudice. See 28 U.S.C. 1915(e)(2)(B). IT IS FURTHER ORDERED that Plaintiff's official capacity claims against defendants Scott Anders and Elizabeth Allen are DISMISSED without prejudice. See 28 U.S.C. 1915(e)(2)(B). IT IS FURTHER ORDERED that an appeal of this Order of Partial Dismissal would not be taken in good faith. Signed by District Judge Henry Edward Autrey on 9/14/2023. (HMA)
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Filing 8
OPINION, MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Plaintiff's claims against the St. Louis County Justice Center Medical Department are DISMISSED without prejudice. IT IS FURTHER ORDERED that Plaintiff's official capacity claims against defendants Scott Anders and Elizabeth Allen are DISMISSED without prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause process to issue upon the amended complaint as to defendants Scott Anders and Elizabeth Allen, in their individual capacities, regarding Plaintiff's medical deliberate indifference claims. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendant St. Louis County Justice Center Medical Department because, as to this defendant, the complaint is legally frivolous. Signed by District Judge Henry Edward Autrey on 9/14/2023. (HMA)
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ORDER RECEIPT: (see receipt) Docket No: 8, 9. copy sent to non-electronic party on this date. Thu Sep 14 13:44:46 CDT 2023 (Aubuchon, Heather)
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Filing 23
Receipt: $ 6.42, receipt number 17461 Civil Filing Fee/PLRA/CCAM on behalf of ST. LOUIS COUNTY GOVERNMENT (CCAM). (auto)
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Filing 7
AMENDED COMPLAINT against defendant Elizabeth Allen, Scott Anders, St. Louis County Justice Center and Medical Department Amendment to #1 Complaint, filed by Dairius D'wayne Kinnie. Related document: #1 Complaint filed by Dairius D'wayne Kinnie.(KJS)
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Filing 6
MEMORANDUM AND ORDER. (See Full Order.)IT IS HEREBY ORDERED that Plaintiff's motion to proceed in forma pauperis [ECF No. #2 ] is GRANTED. IT IS FURTHER ORDERED that Plaintiff shall pay an initial filing fee of $6.42 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 for an original proceeding. IT IS FURTHER ORDERED that, within thirty (30) days of the date of this Memorandum and Order, Plaintiff shall submit an amended complaint in accordance with the instructions set forth herein. IT IS FURTHER ORDERED that the Clerk of Court shall mail to Plaintiff two blank Prisoner Civil Rights Complaint forms. Plaintiff may request additional forms as needed. IT IS FURTHER ORDERED that Plaintiff's Motion to Appoint Counsel [ECF No. #4 ] is DENIED without prejudice at this time. IT IS FURTHER ORDERED that if Plaintiff fails to timely comply with this Memorandum and Order, the Court will dismiss this action without prejudice and without further notice. (Amended/Supplemental Pleadings due by 9/13/2023.) Signed by Magistrate Judge Stephen R. Welby on 8/14/2023. (Attachments: #1 2 Copies Prisoner Civil Rights Form)(CBL)
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ORDER RECEIPT: (see receipt) Docket No: 6. Order and Prisoner Civil Rights Form sent to party not electronically notified this date. Mon Aug 14 15:57:23 CDT 2023 (Long, Carol)
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Filing 5
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)
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Filing 4
MOTION to Appoint Counsel by Plaintiff Dairius D'wayne Kinnie. (JBH)
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Filing 3
Inmate Account Statement by Plaintiff Dairius D'wayne Kinnie. (JBH)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff Dairius D'wayne Kinnie. (JBH)
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Filing 1
COMPLAINT against defendant Elizabeth Allen, Scott Anders Jury Demand,, filed by Dairius D'wayne Kinnie. (Attachments: #1 Envelope, #2 Civil Cover Sheet, #3 Original Filing Form)(JBH)
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Case Opening Notification. Judge Assigned: Honorable Stephen R. Welby. 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. (JBH)
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***Complaint Letter Processed (see notice of electronic filing for distribution list) Mon Aug 7 17:01:20 CDT 2023 (admin,)
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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. (JBH)
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