DeFoor v. Lafayette County Sheriff's Department
| David M DeFoor |
| Lafayette County Sheriff's Department, Transport Staff Officer and Daytime Jail Sergeant |
| 4:2018cv00771 |
| September 27, 2018 |
| US District Court for the Western District of Missouri |
| Fernando J Gaitan |
| Prisoner Pro Se |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2018. A more recent docket listing may be available from PACER.
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Filing 21
ORDER that Plaintiff's third motion for appointment of counsel (Doc. #20 ) is denied without prejudice for the reasons set fort in this Court's Orders denying Plaintiff's prior requests for appointment of counsel (Docs. #11 , 14 ). Signed on 11/9/2018 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Doty, Greg)
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| Filing 20 PLAINTIFF'S 3RD MOTION for appointment of counsel filed by David M DeFoor. Suggestions in opposition/response due by 11/23/2018. (Davies, Cindy) |
| Filing 19 PLAINTIFF'S LETTER filed by David M DeFoor. (Attachment: #1 Exhibit) (Davies, Cindy) |
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Filing 18
ORDER that Plaintiff's motion to compel discovery (Doc. #17 ) is denied without prejudice as moot and as premature. Discovery has not yet begun in this case. Rather, this Court's November 5, 2018, instructed Lafayette County Sheriff Kerrick Alumbaugh to make a good faith attempt to identify sole remaining Defendant Transport Staff Officer. Doc. #16 . If Defendant Transport Staff Officer is identified, he will be directed to answer or otherwise respond to Plaintiff's complaint. Signed on 11/6/2018 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Doty, Greg)
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| Filing 17 PLAINTIFF'S MOTION to compel filed by David M DeFoor. Suggestions in opposition/response due by 11/20/2018. (Attachment: #1 Exhibit)(Davies, Cindy) |
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Filing 16
ORDER: ORDERED 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 balance of the $350.00 filing fee is paid ($348.25); (2) Defendants Transport Staff Officer and Daytime Jail Sergeant are added as Defendants in this case; (3) Defendants Lafayette County Sheriff's Department and Daytime Jail Sergeant are severed and dismissed from this case; (4) the Clerk of the Court is directed to mail a copy of this Order and Plaintiff's amended complaint (Doc. #10 ) to Lafayette County Sheriff Kerrick Alumbaugh (at 107 S. 11th St., Lexington, Missouri 64067); and (5) Sheriff Alumbaugh shall make a good faith attempt to identify Defendant Transport Staff Officer, on or before November 23, 2018. If Defendant Transport Staff Officer is no longer employed by Lafayette County, Sheriff Alumbaugh shall provide this Court, in camera, with Defendant Transport Staff Officer's last known address. Signed on November 5, 2018 by District Judge Fernando J. Gaitan, Jr. (CLERK'S NOTE: Copy of order mailed to Sheriff Alumbaugh with copy of Doc. 10 as directed.)(Davies, Cindy)
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| RECEIPT number KCMO073865 in the amount of $1.75 issued to David M. DeFoor. (Woods, Gloria) |
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Filing 15
ORDER: ORDERED that, because Plaintiff has not paid the initial partial filing fee as previously ordered, Plaintiff shall show cause, on or before November 15, 2018 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 November 1, 2018 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Davies, Cindy)
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Filing 14
ORDER that Plaintiff's second motion for appointment of counsel (Doc. #12 ) is denied without prejudice for the reasons set forth in this Court's October 10, 2018, Order denying Plaintiff's first motion for appointment of counsel (Doc. #11 ). Signed on 10/19/2018 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Doty, Greg)
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| Filing 13 PLAINTIFF'S STATEMENT regarding initial partial filing fee filed by David M DeFoor.(Davies, Cindy) |
| Filing 12 PLAINTIFF'S 2ND MOTION for appointment of counsel filed by David M DeFoor. Suggestions in opposition/response due by 11/2/2018. (Davies, Cindy) |
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Filing 11
ORDER: ORDERED that: (1) Plaintiff's motion for an extension of time to pay the initial partial filing fee (Doc. #7 ) is granted, in that Plaintiff shall pay the initial partial filing fee on or before October 20, 2018; and (2) Plaintiff's motion for appointment of counsel (Doc. #8 ) is denied without prejudice. Signed on October 10, 2018 by District Judge Fernando J. Gaitan, Jr. (Davies, Cindy)
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| Filing 10 PLAINTIFF'S AMENDED COMPLAINT as directed by 9/28/18 order (Doc. #6 ) filed by David M DeFoor.(Davies, Cindy) |
| Filing 9 PLAINTIFF'S LETTER filed by David M DeFoor. (Davies, Cindy) |
| Filing 8 PLAINTIFF'S MOTION for appointment of counsel filed by David M DeFoor. Suggestions in opposition/response due by 10/19/2018. (Davies, Cindy) |
| Filing 7 PLAINTIFF'S MOTION for extension of time to pay initial partial filing fee filed by David M DeFoor. Suggestions in opposition/response due by 10/19/2018. (Davies, Cindy) |
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Filing 6
ORDER: ORDERED that: (1) the Clerk of the Court is directed to send Plaintiff another set of civil rights forms for his use in filing an amended complaint; (2) Plaintiff is directed to file a single superseding amended complaint, as specifically discussed herein; and (3) Plaintiff's failure to both pay the required initial partial filing fee on or before October 11, 2018, and amend as directed, on or before October 12, 2018, will result in the dismissal of this case without further notice. Signed on September 28, 2018 by District Judge Fernando J. Gaitan, Jr. (CLERK'S NOTE: Civil rights forms mailed to plaintiff with copy of order as directed.) (Davies, Cindy)
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Filing 5
ORDER: ORDERED that: (1) Plaintiff is granted leave to proceed in forma pauperis; (2) Plaintiff shall pay to the clerk of the court for the Western District of Missouri, Western Division, an initial partial filing fee of $1.75; and (3) Plaintiff's failure to pay the required initial partial filing fee on or before October 11, 2018, will result in the dismissal of this case without further notice. Signed on September 27, 2018 by District Judge Fernando J. Gaitan, Jr. (Davies, Cindy)
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| Filing 3 Inmate ACCOUNT STATEMENT filed by David M DeFoor. (Davies, Cindy) |
| Filing 2 IFP FINANCIAL AFFIDAVIT filed by David M DeFoor. (Davies, Cindy) |
| Filing 1 COMPLAINT against Lafayette County Sheriff's Department filed by David M DeFoor. (Davies, Cindy) |
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