Stewart v. Precythe et al
| Curtis Stewart |
| Stan Payne, Heather Haynes, Ronda Pash, (John) Doe, Anne L. Precythe and Jeannie Freelin |
| 5:2020cv06055 |
| April 7, 2020 |
| U.S. 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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Filing 22
ORDER that Plaintiff shall file a response, on or before June 12, 2020, to Defendants' motion to dismiss for failure to state a claim (Doc. #20 ), or face dismissal of this case without further notice. Signed on 05/15/2020 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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| Filing 21 SUGGESTIONS in support re #20 MOTION to dismiss party Heather Haynes and Jeannie Freelin filed by Mark D. Blanton on behalf of Defendants Jeannie Freelin, Heather Haynes. (Related document(s) #20 ) (Blanton, Mark) |
| Filing 20 MOTION to dismiss party Heather Haynes and Jeannie Freelin filed by Mark D. Blanton on behalf of Jeannie Freelin, Heather Haynes. Suggestions in opposition/response due by 5/28/2020 unless otherwise directed by the court. (Blanton, Mark) |
| Filing 19 RESPONSE to order re #17 Order to Show Cause,, filed by Mark D. Blanton on behalf of Defendants Jeannie Freelin, Heather Haynes. (Related document(s) #17 ) (Blanton, Mark) |
| Filing 18 NOTICE of appearance by Mark D. Blanton on behalf of Jeannie Freelin, Heather Haynes (Attorney Mark D. Blanton added to party Jeannie Freelin(pty:dft), Attorney Mark D. Blanton added to party Heather Haynes(pty:dft))(Blanton, Mark) |
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Filing 17
ORDER: ORDERED that: (1) Defendants Precythe, Payne, John Doe Defendants, and Pash are severed and dismissed from this case; (2) the Attorney General of Missouri shall notify the Court, in writing, within thirty (30) days from the date of this Order, for which Defendants they will and will not waive service of process; and (3) Defendants Haynes and Freelin 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 April 9, 2020 by District Judge Fernando J. Gaitan, Jr. (Davies, Cindy)
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| Filing 15 CASE TRANSFERRED IN from District of Missouri Eastern; Case Number 4:19-cv-01075. |
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Filing 14
MEMORANDUM AND ORDER OF TRANSFER TO OTHER DISTRICT to: Western District of Missouri: IT IS HEREBY ORDERED that the Clerk of Court shall TRANSFER this case to the United States District Court for the Western District of Missouri. (Case to be transferred after 4/7/2020.) Signed by District Judge Jean C. Hamilton on 3/24/2020. (AFC) [Transferred from moed on 4/8/2020.]
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ORDER RECEIPT: (see receipt) Docket No: 14. Mailed to non-electronic party this date. Tue Mar 24 10:03:46 CDT 2020 (Cordray, Abby) [Transferred from moed on 4/8/2020.]
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| Filing 13 PRO SE MOTION PRELIMINARY INJUNCTION by Plaintiff Curtis Stewart. (Attachments: #1 MEMORANDUM OF LAW IN SUPPORT, #2 DECLARATION IN SUPPORT)(JMP) [Transferred from moed on 4/8/2020.] |
| Filing 12 AMENDED COMPLAINT against defendant Stan Payne, Anne L. Precythe Amendment to #1 DCM Complaint, filed by Curtis Stewart. Related document: #1 DCM Complaint filed by Curtis Stewart.(JMP) [Transferred from moed on 4/8/2020.] |
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Filing 11
ORDER - IT IS HEREBY ORDERED that plaintiff Curtis Stewarts Motion for Enlargement of Time to file an Amended Complaint (ECF No. #10 ) is GRANTED. IT IS FURTHER ORDERED that plaintiff shall have to and including Thursday, September 26, 2019 to file an amended complaint in accordance with this Courts July 26, 2019 order.( Amended/Supplemental Pleadings due by 9/26/2019.). Signed by District Judge Jean C. Hamilton on 08/27/2019. (AAS) [Transferred from moed on 4/8/2020.]
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| Filing 10 MOTION for Extension of Time to File Amended Complaint by Plaintiff Curtis Stewart. (KJS) [Transferred from moed on 4/8/2020.] |
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ORDER RECEIPT: (see receipt) Docket No: 11. Tue Aug 27 15:39:57 CDT 2019 (Shepard, Alicia) [Transferred from moed on 4/8/2020.]
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| Filing 9 LETTER - FINANCIAL ENTRY Collection of Filing Fee. (AAS) [Transferred from moed on 4/8/2020.] |
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Filing 8
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis (ECFNo. #2 ) is GRANTED.IT IS FURTHER ORDERED that the institution having custody of plaintiff shall,whenever the amount in plaintiffs prison account exceeds $10.00, send monthly payments thatequal 20 percent of the funds credited to the account the preceding month to the United StatesDistrict Court for the Eastern District of Missouri Clerks office, pursuant to 28 U.S.C. 1915(b)(2), until the filing fee of $350 is paid in full.IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Courtsprisoner civil rights complaint form.IT IS FURTHER ORDERED that plaintiff must file an amended complaint withinthirty (30) days from the date of this Order.IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Courtmay dismiss this action without further proceedings. IT IS FURTHER ORDERED that plaintiffs motion for preliminary injunction (ECFNo. #4 ) is DENIED without prejudice.IT IS FURTHER ORDERED that plaintiffs Motion to Show Cause of Hinderance ofAccess to Courts (ECF No. #6 ) is DENIED without prejudice. (cc: mailed plaintiff a copy of the Courtsprisoner civil rights complaint form.( Amended/Supplemental Pleadings due by 8/25/2019.) Signed by District Judge Jean C. Hamilton on 07/26/2019. (AAS) [Transferred from moed on 4/8/2020.]
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ORDER RECEIPT: (see receipt) Docket No: 8. Fri Jul 26 15:04:17 CDT 2019 (Shepard, Alicia) [Transferred from moed on 4/8/2020.]
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| Filing 7 Letter to Court from Curtis Stewart re:requesting a copy of the docket sheet (cc: Mr. Stewart a copy of the docket sheet) (AAS) [Transferred from moed on 4/8/2020.] |
| Filing 6 MOTION TO SHOW CAUSE OF HINDRANCE OF ACCESS TO COURTS by Plaintiff Curtis Stewart. (AAS) [Transferred from moed on 4/8/2020.] |
| Filing 5 MEMORANDUM in Support of Motion re #4 MOTION for Preliminary Injunction filed by Plaintiff Curtis Stewart. (KJS) [Transferred from moed on 4/8/2020.] |
| Filing 4 MOTION for Preliminary Injunction by Plaintiff Curtis Stewart. (KJS) [Transferred from moed on 4/8/2020.] |
| NOTICE: IF YOU HAVE ALREADY UPGRADED YOUR PACER ACCOUNT YOU CAN DISREGARD THIS NOTICE. IF YOU DO NOT UPGRADE YOU WILL NOT BE ABLE TO FILE IN THE SYSTEM AFTER MAY 31, 2019. PLEASE UPGRADE IMMEDIATELY. If you are using a shared account to file cases, you will need to create an individual account; instructions can be found at:#https://www.moed.uscourts.gov/sites/moed/files/Register-for-New-PACER-account.pdf. If you already have an individual account, it will need to be upgraded; instructions can be found #https://www.moed.uscourts.gov/sites/moed/files/Upgrade-Current-PACER-Account.pdf. If you need further assistance contact the MOED CM/ECF Help Desk at 314-244-7650 or #moedml_cmecf_help@moed.uscourts.gov. (CSAW) [Transferred from moed on 4/8/2020.] |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Wed May 1 11:01:10 CDT 2019 (admin,) [Transferred from moed on 4/8/2020.] |
| Case Opening Notification: Judge Assigned: Honorable Jean C. Hamilton. (DLB) [Transferred from moed on 4/8/2020.] |
| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (DLB) [Transferred from moed on 4/8/2020.] |
| Filing 3 Certified Inmate Account Statement by Plaintiff Curtis Stewart. (DLB) [Transferred from moed on 4/8/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Curtis Stewart. (DLB) [Transferred from moed on 4/8/2020.] |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT UNDER 42 U.S.C. 1983 against defendant Stan Payne, Anne L. Precythe Jury Demand,, filed by Curtis Stewart. (Attachments: #1 Exhibit A, #2 Envelope, #3 Judge Assignment Label)(DLB) [Transferred from moed on 4/8/2020.] |
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