Simmons v. State of Missouri et al
| Steven A Simmons |
| Jackson County Dept. of Corrections, State of Missouri and Advance Correctional Healthcare |
| 4:2020cv00734 |
| September 14, 2020 |
| US District Court for the Western District of Missouri |
| Beth Phillips |
| Prisoner Pro Se |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 12
ORDER: ORDERED that: (1) the agency having custody of Plaintiff shall 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 ($346.41); (2) Defendants State of Missouri and Jackson County Department of Corrections are severed and dismissed from this case for the reasons set forth herein; (3) Advanced Correctional Healthcare shall notify the Court, in writing, within thirty (30) days from the date of this Order, as to whether or not they will and will not waive service of process; and (4) Defendant Advanced Correctional Healthcare shall answer or otherwise respond, pursuant to Fed. R. Civ. P. 4 and 12, within sixty (60) days from the date of this Order if service of process is waived, or within twenty-one (21) days after service of process if service of process is not waived. Signed on 10/14/2020 by Chief District Judge Beth Phillips. (Willis, Kathy)
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| RECEIPT number KCMO086757 in the amount of $3.59 issued to Millie Miranda Simmons for Steven A Simmons. (Melvin, Greg) |
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Filing 11
ORDER: ORDERED that: (1) Plaintiff's motion for reconsideration of this Court's Order denying appointment of counsel (Doc. #9 ) is denied for the reasons set forth in Doc. #7 and because Plaintiff fails to set forth any appropriate reason to reconsider that Order at this time in Doc. #9 . The Court further notes that Plaintiff's claims do not appear at this time to be factually or legally complex and Plaintiff has been able to litigate his claims; (2) Plaintiff's response regarding non-payment of the filing fee (Doc. #10 ) is denied without prejudice insofar as it was intended as a request for this Court to waive the initial partial filing fee. Any future requests to waive the initial partial filing fee will be denied unless they are supported by an updated copy of Plaintiff's inmate account statement establishing, as he claims, that he is unable to pay the $3.59 initial partial filing fee. The Court notes that the most recent copy of Plaintiff's inmate account statement it has received shows a balance $16.70 as recently as September 15, 2020 and a total of $107.81 in deposits over the past six months. Plaintiff does not argue that the pattern of deposits into his account has changed; and (3) Plaintiff is granted an extension of time, up to and including October 29, 2020, in which to either pay the initial partial filing fee or submit a properly-supported motion to waive the initial partial filing fee. Signed on 10/13/2020 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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| Filing 10 PLAINTIFF'S RESPONSE to Doc. 8 filed by Steven A Simmons.(Davies, Cindy) |
| Filing 9 PLAINTIFF'S MOTION for reconsideration of Doc. #7 Order filed by Steven A Simmons. Suggestions in opposition/response due by 10/27/2020. (Davies, Cindy) |
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Filing 8
ORDER: ORDERED that, because Plaintiff has not paid the initial partial filing fee as previously ordered, Plaintiff shall show cause, on or before October 15, 2020 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 October 1, 2020 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Davies, Cindy)
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Filing 7
ORDER: ORDERED that Plaintiff's motion for appointment of counsel (Doc. #6 ) is denied without prejudice.Signed on 9/29/2020 by Chief District Judge Beth Phillips. (Willis, Kathy)
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| Filing 6 PLAINTIFF'S MOTION for appointment of counsel filed by Steven A Simmons. Suggestions in opposition/response due by 10/13/2020. (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 $3.59; and (3) Plaintiff's failure to pay the required initial partial filing fee on or before September 30, 2020, will result in the dismissal of this case without further notice. Signed on September 16, 2020 by Chief District Judge Beth Phillips. (Davies, Cindy)
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| Filing 4 Inmate ACCOUNT STATEMENT filed by Steven A Simmons. (Davies, Cindy) |
| Filing 2 IFP FINANCIAL AFFIDAVIT filed by Steven A Simmons. (Davies, Cindy) |
| Filing 1 COMPLAINT against All Defendants filed by Steven A Simmons. (Attachment: #1 Exhibits)(Davies, Cindy) |
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