Gilmore v. Gaden et al
| Byron T. Gilmore |
| Steve Brock and Ike Gaden |
| 4:2024cv01347 |
| October 7, 2024 |
| US District Court for the Eastern District of Missouri |
| Joseph S Dueker |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 19, 2024. A more recent docket listing may be available from PACER.
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Filing 11
NOTICE of Change of Address by Plaintiff Byron T. Gilmore. (CLT)
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Filing 10
NOTICE of Change of Address by Plaintiff Byron T. Gilmore. (KJS)
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Filing 9
NOTICE of Change of Address by Plaintiff Byron T. Gilmore. (CLT) Updated address and inmate number on 11/15/2024 (CMC).
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Filing 8
WAIVER OF SERVICE LETTER from clerk to St. Louis City Counselors Office as to Defendants: Ike Gaden and Steve Brock. (Attachments: #1 Complaint)(JEB)
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ORDER RECEIPT: (see receipt) Docket No: 8. Copy sent to non-electronic party on this date. Tue Nov 12 13:25:58 CST 2024 (Bailey, Jennifer)
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Filing 7
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 official capacity claims against all defendants brought pursuant to 42 U.S.C. 1983, 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 11/7/2024. (JEB)
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Filing 6
OPINION, 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 must pay an initial filing fee of $1.48 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) the statement that the remittance is for an original proceeding. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [ECF No. #4 ] is DENIED without prejudice at this time. IT IS FURTHER ORDERED that plaintiff's official capacity claims against all defendants brought pursuant to 42 U.S.C. 1983, are DISMISSED without prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause process to issue upon the complaint as to defendant Ike Gaden for excessive force and defendant Steve Brock for failure to intervene in their individual capacities. Defendants shall be served through the waiver agreement this Court maintains with the City of St. Louis. IT IS HEREBY CERTIFIED that an appeal from this partial dismissal would not be taken in good faith. A separate order of partial dismissal will be filed herewith. (Initial Partial Filing Fee due by 12/7/2024.) Signed by District Judge Henry Edward Autrey on 11/7/2024. (JEB)
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ORDER RECEIPT: (see receipt) Docket No: 6, 7. Copy sent to non-electronic party on this date. Thu Nov 7 10:23:04 CST 2024 (Bailey, Jennifer)
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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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***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)
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Case Opening Notification. Judge Assigned: Honorable Joseph S. Dueker. 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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***Complaint Letter Processed (see notice of electronic filing for distribution list) Tue Oct 8 12:01:21 CDT 2024 (admin,)
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Filing 4
MOTION to Appoint Counsel by Plaintiff Byron T. Gilmore. (JWD)
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Filing 3
Inmate Account Statement by Plaintiff Byron T. Gilmore. (JWD)
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Filing 2
MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Byron T. Gilmore. (JWD)
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Filing 1
COMPLAINT against defendant Steve Brock, Ike Gaden, Jury Demand, filed by Byron T. Gilmore. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Envelope)(JWD)
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