Aziz v. Lombardi
| Wasim Aziz |
| Unknown Paden, Unknown Smith, Unknown Burnett, Juanita Barnett, Unknown Tyrell, Paul Drake and Regina Braden |
| 5:2010cv06008 |
| January 22, 2010 |
| US District Court for the Western District of Missouri |
| St. Joseph Office |
| Unknown |
| Fernando J. Gaitan |
| Prisoner Pro Se |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
9
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for reconsideration 8 is GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED that the December 22, 2009 Memorandum and Order 5 and December 29, 2009 Order of Dismissal 6 are VACATED. IT IS FURTHER ORDERED that in accordance with the reasoning set forth above, as well as the pertinent reasoning set forth in the Court's December 22, 2009 Memorandum and Order, plaintiff's action is DISMISSED, without preju dice, as to defendants Lombardi, Crawford, Jean Johnson, Jackson, Hamlin, Mason, Skaggs, Grubbs, Larkins, Rotters, Luebbers, Since, David Johnson and Steagall. See 28 U.S.C. § 1915(g).IT IS FURTHER ORDERED that plaintiff's motion for leave to proceed in forma pauperis 2 is GRANTED, with respect to his allegations against defendants Braden, Drake, Tyrell, Barnett, Burnett, Smith and Paden. IT IS FURTHER ORDERED that plaintiff's claims that he is being denied toothpaste and adequa te dental hygiene by defendants Braden, Drake, Tyrell, Barnett, Burnett, Smith and Paden falls within the imminent danger exception under 28 U.S.C. § 1915(g). IT IS FURTHER ORDERED that because plaintiffs allegations against defendants Braden, D rake, Tyrell, Barnett, Burnett, Smith and Paden occurred in the Western District of Missouri and these defendants are located in that district, the Clerk shall transfer this case to the Untied States District Court for the Western District of Missouri. See 28 U.S.C. § 1391(b); 28 U.S.C. § 1406(b). Signed by Honorable Jean C. Hamilton on 1/22/10. (TRC) [Transferred from moed on 1/26/2010.]
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Filing
6
ORDER OF DISMISSAL : ORDERED that plaintiff's complaint is DISMISSED withoutprejudice pursuant to 28 U.S.C. 1915(g). IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith.. Signed by Honorable Jean C. Hamilton on 12/29/09. (CEL) [Transferred from moed on 1/26/2010.]
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Filing
5
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's action is DISMISSED without prejudice, pursuant to 28 U.S.C. § 1915(g). A separate Order of Dismissal will accompany this Memorandum and Order. Signed by Honorable Jean C. Hamilton on 12/22/09. (TRC) [Transferred from moed on 1/26/2010.]
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