Huskey Jr. v. Corizon/Centurion et al
| Jerry Lee Huskey Jr. |
| Corizon/Centurion, Dr. Lovelace, Beth Clad, Kathy Barton, Dawn Wade, J Cofield, T. Bredeman, Terri J Stone, M Noyes, DeShaun Wings, Earl Dr. Scott, Susan Hodges, Keith Dr. Segall, Renee Sheere, Dr. Garcia, Mrs. Donaldson, Dr. Incerillo, Dr. Chada, Corizon Medical Care Provider and Centurion Medical Care Provider |
| 2:2022cv04122 |
| August 15, 2022 |
| US District Court for the Western District of Missouri |
| Nanette K Laughrey |
| Prisoner Pro Se |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 17 CLERK'S JUDGMENT: This case is dismissed pursuant to 28 U.S.C. 1915A(b)(1) for Plaintiff's failure to state a constitutional claim upon which relief under 1983 may be granted. Dismissal is without prejudice as to any malpractice or other claim that Plaintiff may pursue in state court under state law. (Willis, Kathy) |
Filing 16
ORDER that this case is dismissed pursuant to 28 U.S.C. 1915A(b)(1) for Plaintiffs failure to state a constitutional claim upon which relief under 1983 may be granted. Dismissal is without prejudice as to any malpractice or other claim that Plaintiff may pursue in state court under state law. Finally, Plaintiff is cautioned that, if he files an appeal, he will be obligated to pay appellate filing fees of $505.00 (fees that are in addition to the $350.00 he now owes for having filed this case). See Henderson v. Norris, 129 F.3d 481, 483 (8th Cir.1997) (citation and quotation marks omitted). The Clerk of the Court shall enter judgment accordingly. Signed on 10/7/2022 by District Judge Nanette K. Laughrey. (Willis, Kathy)
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Filing 15
ORDER granting #11 as follows: Defendant Corizon/Centurion Director of Policy and Procedure (Defendant 1) and Defendant Corizon/Centurion Onsite Administrator of Training, Etc. (Defendant 2) are dismissed as parties in this case. Signed on 10/4/2022 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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Filing 14
ORDER denying without prejudice #13 Plaintiff's motion to appoint counsel. See Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir. 2006) (no constitutional or statutory right to counsel in civil cases; criteria for appointment). Signed on October 4, 2022, by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached.
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| Filing 13 PLAINTIFF'S MOTION for appointment of counsel filed by Jerry Lee Huskey Jr. (Willis, Kathy) |
| Filing 12 PLAINTIFF'S ONE-PAGE STATEMENTS as directed by Order dated 9/20/2022 (Doc. #10 ) filed by Jerry Lee Huskey Jr. (Willis, Kathy) |
| Filing 11 PLAINTIFF'S MOTION for Order filed by Jerry Lee Huskey Jr. (Willis, Kathy) |
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Filing 10
ORDER that: (1) the agency having custody of Plaintiff forward to the Clerk of the Court monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account each time the amount in the account exceeds $10.00 until the $350.00 filing fee is paid; and (2) Plaintiff provide the Court with the one-page statements for each Defendant as described above no later than October 7, 2022. Signed on 9/20/2022 by District Judge Nanette K. Laughrey. (CLERK'S NOTE: Collect filing fee letter mailed to MO DOC Finance Office with copy of 9/20/2022 Order as directed.)(Willis, Kathy)
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| RECEIPT number KCMO096978 in the amount of $40.00 issued to Jerry Huskey. (Woods, Gloria) |
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Filing 9
ORDERED that, because Plaintiff has not paid the initial partial filing fee as previously ordered, Plaintiff shall show cause, on or before SEPTEMBER 22, 2022, as to why this case should not be dismissed pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and for failure to comply with this Court's Orders. Signed on 9/8/2022 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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Filing 8
ORDER granting #7 Plaintiff's motion to withdraw amended complaint(s), and vacating the Order dated August 19, 2022 (Doc. 4), directing Plaintiff to file an amended complaint. Signed on August 26, 2022, by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (McCoy, Mike)
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| Filing 7 PLAINTIFF'S MOTION to Withdraw Amended Complaints filed by Jerry Lee Huskey Jr. (Related document 4 ) (Willis, Kathy) |
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Filing 6
ORDER: Plaintiff shall pay to the clerk of the court for the Western District of Missouri, an initial partial filing fee of $31.51; and Plaintiff's failure to pay the required initial partial filing fee on or before SEPTEMBER 6, 2022, will result in the dismissal of this case without further notice. Signed on 8/22/2022 by District Judge Nanette K. Laughrey. (Willis, Kathy)
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| Filing 5 INMATE ACCOUNT STATEMENT filed by Jerry Lee Huskey Jr. (Willis, Kathy) |
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Filing 4
ORDER: Plaintiff has filed a motion for leave to file an amended complaint, but he has tendered no amended complaint for filing. Plaintiff is advised that an "amended complaint supercedes an original complaint and renders the original complaint without legal effect. In re Atlas Van Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000). Therefore, Plaintiff's motion #3 is granted as follows: By September 9, 2022, plaintiff shall file a stand-alone amended complaint in which he names as Defendants all individuals and/or entities he wishes to sue along with a short and plain statement describing how each Defendant may have violated his rights under federal law. Signed on August 19, 2022, by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (McCoy, Mike)
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| Filing 3 PLAINTIFF'S MOTION for Leave to file Amended Complaint filed by Jerry Lee Huskey Jr. (Willis, Kathy) |
| Filing 2 IFP FINANCIAL AFFIDAVIT filed by Jerry Lee Huskey Jr. (Willis, Kathy) |
| Filing 1 COMPLAINT filed by Jerry Lee Huskey Jr. (Attachment: #1 1983 Complaint Exhibits)(Willis, Kathy) |
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