Dorsey v. Foley et al
| Brian Dorsey and Brian J. Dorsey |
| Trevor S. Foley, Myles Strid, Richard Adams and Trevor Foley |
| 4:2024cv00198 |
| February 9, 2024 |
| US District Court for the Eastern District of Missouri |
| Henry Edward Autrey |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
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Filing 40
--Clerk entered document in error, pdf attachment has been deleted-- (CLH) Modified on 3/8/2024 (CLH).
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Filing 39
OPINION, MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff Brian J. Dorsey's "Motion for Reconsideration/Relief from a Judgment Pursuant to Federal Rules of Civil Procedure 59(e), 60(b)(6), and/or 60(d)(1), and Request to File Attached New/Amended Complaint Instanter"(ECF No. #33 ) is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File Exhibit 8 Under Seal (ECF No. #34 ) is DENIED as moot.. Signed by District Judge Henry Edward Autrey on 3/8/2024. (CLH)
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Filing 38
Docket Text ORDER Re #34 Motion for Leave to File Under Seal; MOTION TO FILE UNDER SEAL IS GRANTED. SO ORDERED. Signed by District Judge Henry Edward Autrey on 3/7/2024. (JEB)
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Filing 37
REPLY to Response to Motion re #33 MOTION for Reconsideration re #25 Order of Dismissal (case - Stipulation of Dismissal),, #24 Memorandum & Order,, filed by Plaintiff Brian J. Dorsey. (Brenner, Arin)
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Filing 36
RESPONSE in Opposition re #33 MOTION for Reconsideration re #25 Order of Dismissal (case - Stipulation of Dismissal),, #24 Memorandum & Order,, filed by Defendants Richard Adams, Trevor Foley, Myles Strid. (Crane, Andrew)
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Filing 35
SEALED MEMORANDUM in Support of #34 MOTION for Leave to File Under Seal Exhibit 8 filed by Plaintiff Brian J. Dorsey. Redacted Copy due by 3/11/2024. (Attachments: #1 Exhibit)(Brenner, Arin)
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Filing 34
MOTION for Leave to File Under Seal Exhibit 8 by Plaintiff Brian J. Dorsey. (Brenner, Arin)
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Filing 33
MOTION for Reconsideration re #25 Order of Dismissal (case - Stipulation of Dismissal),, #24 Memorandum & Order,, by Plaintiff Brian J. Dorsey. (Attachments: #1 Exhibit Amended Complaint & Exhibits)(Brenner, Arin)
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Filing 32
ORDER: IT IS HEREBY ORDERED that the Clerk shall STRIKE "Plaintiff Brian J. Dorsey's Amended Complaint for Declaratory and Injunctive Relief Pursuant to 42 U.S.C. 1983" (ECF No. #26 ) and the "Memorandum in Support of Filing Exhibit 8 Under Seal" (ECF No. #28 ). IT IS FURTHER ORDERED that Plaintiff Brian J. Dorsey's "Motion for Leave to File Exhibit 8 Under Seal" (ECF No. #27 ) is DENIED as moot. Signed by District Judge Henry Edward Autrey on 3/5/2024. (CLH)
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Filing 31
WAIVER OF SERVICE Returned Executed filed by Trevor Foley Trevor Foley waiver signed on 3/4/2024, answer due 5/3/2024. (Goodwin, Gregory)
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Filing 30
WAIVER OF SERVICE Returned Executed filed by Richard Adams Richard Adams waiver signed on 3/4/2024, answer due 5/3/2024. (Goodwin, Gregory)
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Filing 29
WAIVER OF SERVICE Returned Executed filed by Myles Strid Myles Strid waiver signed on 3/4/2024, answer due 5/3/2024. (Goodwin, Gregory)
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Filing 28
--STRICKEN PER ORDER #32 --SEALED MEMORANDUM in Support of #27 MOTION for Leave to File Under Seal Exhibit 8 filed by Plaintiff Brian J. Dorsey. Redacted Copy due by 3/7/2024. (Attachments: #1 Exhibit 8 - All DOC Correspondence)(Brenner, Arin) Modified on 3/5/2024 (CLH).
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Filing 27
MOTION for Leave to File Under Seal Exhibit 8 by Plaintiff Brian J. Dorsey. (Brenner, Arin)
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Filing 26
--STRICKEN PER ORDER #32 -- AMENDED COMPLAINT against defendant Richard Adams, Trevor Foley, Myles Strid Amendment to #1 Complaint,,, Waivers issued 3/4/24, , filed by Brian J. Dorsey. Related document: #1 Complaint,,, filed by Brian J. Dorsey. (Attachments: #1 Exhibit 1 - Warrant of Execution, #2 Exhibit 2 - MDOC Protocol, #3 Exhibit 3 - Emails & Letter to MDOC, #4 Exhibit 4 - 2024-01-31 Goodwin Email, #5 Exhibit 5 - Report from Dr. Gail A. Van Norman, #6 Exhibit 6 - Report from Dr. Craig Stevens, #7 Exhibit 7 - Declaration of Allen L. Bohnert, #8 Civil Cover Sheet, #9 Original Filing Form, #10 Waiver of Service Adams, #11 Waiver of Service Foley, #12 Waiver of Service Strid)(Brenner, Arin) Modified on 3/5/2024 (CLH).
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Filing 25
ORDER OF DISMISSAL. In accordance with the Opinion, Memorandum and Order filed herewith and incorporated herein, IT IS HEREBY ORDERED that this case is DISMISSED without prejudice. Pursuant to Local Rule 13.05, Section B(2), if a party wishes for any documents previously filed under seal to remain sealed, a Motion to Continue Sealing must be filed in this case within 90 days following the final disposition of the litigation. (60-Day Reminder for LR 13.05 Unsealing 5/3/2024 90-day Reminder for LR 13.05 Unsealing 6/3/2024.) Signed by District Judge Henry Edward Autrey on 3/4/2024. (JEB)
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Filing 24
OPINION, MEMORANDUM AND ORDER (See Full Order). IT IS HEREBY ORDERED that Defendants' "Motion to Dismiss for Failure to Exhaust Administrative Remedies" (ECF No. #12 ) is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. A separate order of dismissal will be entered herewith. IT IS FURTHER ORDERED that "Plaintiff Brian Dorsey's Motion for a Temporary Restraining Order and Preliminary Injunction' (ECF No. #2 ) and Defendants' "Motion to Dismiss and Suggestions in Support" (ECF No. #18 ) are DENIED as moot. Signed by District Judge Henry Edward Autrey on 3/4/2024. (JEB)
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Filing 23
Docket Text ORDER Re: #20 Motion for Leave to File Over Length Response; LEAVE TO FILE IS GRANTED. SO ORDERED. Signed by District Judge Henry Edward Autrey on 2/28/2024. (JEB)
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Filing 22
NOTICE of Filing Exhibit with the Clerk's Office by Defendants Richard Adams, Trevor Foley, Myles Strid re #19 Reply to Response to Motion, #12 MOTION to Dismiss Case for failure to exhaust administrative remedies, #21 Response in Opposition to Motion, #18 MOTION to Dismiss Case Statute of Limitations : (Attachments: #1 Exhibit A - MDOC Grievance Policy, #2 Exhibit B - Antognini Report, #3 Exhibit C - Execution Witness Statements, #4 Exhibit D - GB and MB Affidavit, #5 Exhibit E - DM Affidavit, #6 Exhibit E - KS Affidavit, #7 Exhibit G - TE Affidavit, #8 Exhibit H - JB Affidavit, #9 Exhibit E- Email from Dorsey's Counsel)(Goodwin, Gregory)
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Filing 21
RESPONSE in Opposition re #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Defendants Richard Adams, Trevor Foley, Myles Strid. (Crane, Andrew)
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Filing 20
MOTION for Leave to File Over Length Response by Defendants Richard Adams, Trevor Foley, Myles Strid. (Goodwin, Gregory)
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Filing 19
REPLY to Response to Motion re #12 MOTION to Dismiss Case for failure to exhaust administrative remedies filed by Defendants Richard Adams, Trevor Foley, Myles Strid. (Goodwin, Gregory)
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Filing 18
MOTION to Dismiss Case Statute of Limitations by Defendants Richard Adams, Trevor Foley, Myles Strid. (Goodwin, Gregory)
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Filing 17
Electronic Notice of Noncompliance sent in error; parties state reason for not being able to redact in memorandum. Modified on 2/29/2024 (CLH).
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Filing 16
SEALED RESPONSE re #12 MOTION to Dismiss Case for failure to exhaust administrative remedies by Plaintiff Brian J. Dorsey. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(CLH)
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Filing 15
Docket Text ORDER: Re: #13 MOTION for Leave to File Under Seal Response to Motion to Dismiss by Plaintiff Brian J. Dorsey. GRANTED. SO ORDERED. Signed by District Judge Henry Edward Autrey on 2/23/2024. (CLH)
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Filing 14
SEALED MEMORANDUM in Support of #13 MOTION for Leave to File Under Seal Response to Motion to Dismiss, #12 MOTION to Dismiss Case for failure to exhaust administrative remedies filed by Plaintiff Brian J. Dorsey. Redacted Copy due by 2/26/2024. (Attachments: #1 Response to Motion to Dismiss, #2 Exhibit 1, #3 Exhibit 2)(Brenner, Arin)
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Filing 13
MOTION for Leave to File Under Seal Response to Motion to Dismiss by Plaintiff Brian J. Dorsey. (Brenner, Arin)
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Filing 12
MOTION to Dismiss Case for failure to exhaust administrative remedies by Defendants Richard Adams, Trevor Foley, Myles Strid. (Crane, Andrew)
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Filing 11
ENTRY of Appearance by Andrew Jacob Crane for Defendants Richard Adams, Trevor Foley, Myles Strid. (Crane, Andrew)
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Filing 9
ORDER: IT IS HEREBY ORDERED that, within fourteen (14) days of the date of this Order, Defendants Trevor Foley, Myles Strid, and Richard Adams shall respond to "Plaintiff Brian Dorsey's Motion for a Temporary Restraining Order and Preliminary Injunction." (ECF No. #2 ). (Response to Court due by 2/27/2024.) Signed by District Judge Henry Edward Autrey on 2/13/2024. (JEB)
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Filing 10
Receipt: $ 405.00, receipt number 19517 Civil Filing Fee- Non-Prisoner on behalf of Arin Brenner (CCAM). (auto)
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Filing 8
ENTRY of Appearance by Gregory Michael Goodwin for Defendants Richard Adams, Trevor Foley, Myles Strid. (Goodwin, Gregory)
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Filing 7
WAIVER OF SERVICE Returned Executed filed by Trevor Foley Trevor Foley waiver signed on 2/9/2024, answer due 4/9/2024. (Goodwin, Gregory)
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Filing 6
WAIVER OF SERVICE Returned Executed filed by Richard Adams Richard Adams waiver signed on 2/9/2024, answer due 4/9/2024. (Goodwin, Gregory)
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Filing 5
WAIVER OF SERVICE Returned Executed filed by Myles Strid Myles Strid waiver signed on 2/9/2024, answer due 4/9/2024. (Goodwin, Gregory)
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Filing 4
Electronic Notice - Application for Admission needed as to Arin Melissa Brenner. Review of case shows that Attorney Arin Melissa Brenner 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)
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Filing 3
NOTICE Request for Hearing: by Plaintiff Brian J. Dorsey re #2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order (Brenner, Arin)
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Filing 2
MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Brian Dorsey. (Attachments: #1 Attachment Interrogatories)(Brenner, Arin). Modified on 2/9/2024 to reflect title of document(JWD).
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Filing 1
COMPLAINT against All Defendants, in the amount of $405.00 receipt number STL-19517, Non-Jury Demand, filed by Brian Dorsey. (Attachments: #1 Exhibit 1 - Warrant of Execution, #2 Exhibit 2 - MDOC Protocol, #3 Exhibit 3 - Emails & Letter to MDOC, #4 Exhibit 4 - 2024-01-31 Goodwin Email, #5 Exhibit 5 - Report from Dr. Gail A. Van Norman, #6 Exhibit 6 - Report from Dr. Craig Stevens, #7 Exhibit 7 - Declaration of Allen L. Bohnert, #8 Civil Cover Sheet Civil Cover Sheet, #9 Original Filing Form Original Filing Form, #10 Waiver of Service Waiver of Service (Foley), #11 Waiver of Service Waiver of Service (Adams), #12 Waiver of Service Waiver of Service (Strid))(Brenner, Arin) Modified on 2/9/2024 to add the filing fee receipt information (JWD).
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Case Opening Notification. Judge Assigned: Honorable Henry Edward Autrey. 3 Waiver(s) of Service issued. (JWD)
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