O'Bryant v. Vandyke et al
| Martino O'Bryant |
| Felicia Vandyke, Christine Robinson and Lydia Unknown |
| 4:2026cv00869 |
| June 3, 2026 |
| U.S. District Court for the Eastern District of Missouri |
| Joshua M Divine |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 24, 2026. A more recent docket listing may be available from PACER.
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| Filing 17 MANDATE of USCA. USCA #:26-2422. In accordance with the judgment and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. Appeal is dismissed. (JAB) |
| Filing 16 USCA JUDGMENT as to #11 Notice of Appeal filed by Martino O'Bryant: In accordance with the judgment of July 24, 2026, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. This is a preliminary judgment and/or opinion of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals.(JAB) |
Filing 15
ORDER of USCA as to #11 Notice of Appeal filed by Martino O'Bryant. USCA Appeal #: 26-2422. 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. (CLT)
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Filing 14
ORDER of USCA as to #11 Notice of Appeal filed by Martino O'Bryant. USCA Appeal #: 26-2422. The $605 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. A motion for leave to proceed in forma pauperis must include a completed copy of the attached "Application to Proceed Without Prepaying Fees or Costs" or an affidavit that shows in the same detail the Appellant's inability to pay or to give security for fees and costs. If appellant does not pay the fee or move for IFP status by August 6, 2026, this appeal may be dismissed for failure to prosecute without further notice. (CLT)
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| Filing 13 Initial Notification from USCA for #11 Notice of Appeal filed by Martino O'Bryant USCA Appeal Number: 26-2422(CLT) |
| Filing 12 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #10 Order of Dismissal pursuant to Fed.R.Civ.P.41(b),,,,. Notice of Appeal filed on 7/15/26 by Plaintiff Martino O'Bryant. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JWD) |
| Filing 11 NOTICE OF APPEAL as to #10 Order of Dismissal pursuant to Fed.R.Civ.P.41(b), by Plaintiff Martino O'Bryant. (CLT) |
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Filing 10
ORDER OF DISMISSAL. On June 8, 2026, the Court ordered O'Bryant to either pay the civil filing fee or file a new and complete application for in forma pauperis status in accordance with 28 U.S.C. 1915(a). ECF 4. The Court gave O'Bryant clear instructions and ample opportunity forcompliance, but he did not respond to the order, and the time for doing so has passed. Instead, O'Bryant has filed two supplements to his complaint, neither of which address the Court's order. ECF 5, 9. The Court finds that O'Bryant has failed to comply with the Court's June 8, 2026 order and that this case is subject to dismissal. See Fed. R. Civ. P. 41(b); Haley v. Kan. City Star, 761 F.2d 489, 490 (8th Cir. 1985) (allowing a court to, "on its own motion, dismiss an action for failure of the plaintiff to comply with any order of the court"). The Court therefore dismisses this case without prejudice under Rule 41(b). Signed by District Judge Joshua M. Divine on 7/13/2026. (CLT)
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| Filing 9 SUPPLEMENTAL re #1 Complaint by Plaintiff Martino O'Bryant. (LNS) |
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Filing 8
Docket Text ORDER: IT IS HEREBY ORDERED that the deadline for plaintiff to either pay the $405 filing fee or file a new and complete application to proceed in forma pauperis is reset for June 30, 2026. Response to Court due by 6/30/2026. Signed by District Judge Joshua M. Divine on 6/22/2026. (CLT)
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| Filing 7 Mail Returned as Undeliverable. Mail sent to Martino O'Bryant. Returned document(s): #4 Order. Could not verify new address. NEF regenerated so that Plaintiff would receive electronically. (CLT) |
| Filing 6 Request for Electronic Noticing from Plaintiff, Martino O'Bryant. Email Address will be added to the party's record. (TLR) |
| Filing 5 SUPPLEMENTAL re #1 Complaint by Plaintiff Martino O'Bryant. (LNS) |
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Filing 4
ORDER: The Court thus DENIES O'Bryant's Application, ECF #2 . If O'Bryant wishes to continue this action, he must either pay the $405 filing fee or file a new and complete application no later than Monday, June 22, 2026. If O'Bryant does not timely comply with this Order, the Court will dismiss this action without prejudice and without further notice. (Response to Court due by 6/22/2026.) Signed by District Judge Joshua M. Divine on 6/8/26. (JAB)
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ORDER RECEIPT: (see receipt) Docket No: 4. Mon Jun 8 15:49:55 CDT 2026 (JAB)
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Filing 3
Docket Text ORDER: The Court orders the parties to review and comply with the undersigned's #Judge's Requirements, located on the Eastern District of Missouri's court website. The undersigned periodically updates his Judge's Requirements, and the parties must ensure that they are complying with the most recent version before filing any document. Failure to comply with the requirements may result in the imposition of "sanction[s] or other disadvantage." Fed. R. Civ. P. 83(b). Signed by District Judge Joshua M. Divine on 6/4/2026. (LNS)
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ORDER RECEIPT: (see receipt) Docket No: 3. Mailed to party not set up for electronic delivery. Thu Jun 4 08:09:03 CDT 2026 (LNS)
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| Case Opening Notification. Judge Assigned: Honorable Joshua M. Divine. (ERR) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Martino O'Bryant. (ERR) |
| Filing 1 COMPLAINT against defendant All Defendants Jury Demand,, filed by Martino O'Bryant. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Exhibit) (ERR) |
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