Witherspoon v. Brack et al
| Theodore Witherspoon |
| Brack, Frazier, Barnett and Eight Unknown Federal Staff Members |
| 6:2018cv03325 |
| October 4, 2018 |
| US District Court for the Western District of Missouri |
| Beth Phillips |
| Prisoner Pro Se |
| Habeas Corpus (Prison Condition) |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 28, 2018. A more recent docket listing may be available from PACER.
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Filing 12
ORDER: ORDERED that: (1) this Court's October 10, 2018, Order is vacated insofar as it directed Plaintiff to pay an initial partial filing fee; (2) 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; (3) Defendants Unknown Staff Members are severed and dismissed from this case without prejudice; (4) pursuant to Fed. R. Civ. P. 4(i)(3) and Fed. R. Civ. P. 4(e), the Clerk of the Court shall issue appropriate summons to Defendants Brack, Frazier, and Barnett, and shall deliver the summons, complaint, and a copy of this Order to the United States Marshal for service of process; (5) pursuant to Fed. R. Civ. P. 4(i)(1)(A) and (B), the United States Marshal also shall serve a copy of the summons, the complaint, and this Order on the Attorney General of the United States at Washington, District of Columbia, and the United States Attorney for the Western District of Missouri (Attention: Civil Process Clerk); and (6) pursuant to Fed. R. Civ. P. 12(a)(3), Defendants Brack, Frazier, and Barnett shall answer or otherwise respond to Plaintiff's complaint within 60 days from the date of service upon the officer or employee or service upon the United States Attorney for the Western District of Missouri, whichever is later. Signed on November 28, 2018 by District Judge Beth Phillips. (Davies, Cindy)
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| SUMMONS ISSUED as to Correctional Officers Barnett, Brack,and Frazier and the Attorney General of the United States at Washington, District of Columbia, and the United States Attorney for the Western District of Missouri (Attention: Civil Process Clerk). Copy of USM-285, summons, complaint and order of 11/28/18 delivered to US Marshals Service for service. (Davies, Cindy) |
| Filing 11 PLAINTIFF'S RESPONSE to Doc. 8 filed by Theodore Witherspoon.(Davies, Cindy) |
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Filing 10
ORDER: ORDER that Plaintiff's motion for an extension of time to pay the initial partial filing fee (Doc. #9 ) is granted, in that Plaintiff shall pay the initial partial filing fee on or before November 13, 2018. Signed on October 30, 2018 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Davies, Cindy)
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| Filing 9 PLAINTIFF'S MOTION for extension of time to pay initial partial filing fee and response to Doc. 8 filed by Theodore Witherspoon. Suggestions in opposition/response due by 11/14/2018. (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 November 9, 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 October 26, 2018 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Davies, Cindy)
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Filing 7
ORDER that Plaintiff's motion for appointment of counsel (Doc. #4 ) is denied without prejudice. Signed on 10/19/2018 by District Judge Beth Phillips. (Doty, Greg)
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Filing 6
ORDER: ORDERED that: (1) Plaintiff is granted provisional 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 $2.21; and (3) Plaintiff's failure to pay the required initial partial filing fee on or before October 24, 2018, will result in the dismissal of this case without further notice. Signed on October 10, 2018 by District Judge Beth Phillips. (Davies, Cindy)
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| Filing 4 PLAINTIFF'S MOTION for appointment of counsel filed by Theodore Witherspoon. Suggestions in opposition/response due by 10/19/2018. (Davies, Cindy) |
| Filing 3 Inmate ACCOUNT STATEMENT filed by Theodore Witherspoon. (Davies, Cindy) |
| Filing 2 IFP FINANCIAL AFFIDAVIT filed by Theodore Witherspoon. (Davies, Cindy) |
| Filing 1 COMPLAINT against All Defendants filed by Theodore Witherspoon. (Davies, Cindy) |
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