Cohen v. Cole et al
Plaintiff: Michael Elias Cohen
Defendant: Roye Cole, Nerella, Tina Davis, Abbey Unknown, Advanced Correctional Healthcare, Inc. and Justin Burney
Case Number: 6:2020cv03254
Filed: August 13, 2020
Court: US District Court for the Western District of Missouri
Presiding Judge: Roseann Ketchmark
Referring Judge: Prisoner Pro Se
Nature of Suit: Habeas Corpus (Prison Condition)
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2020 Filing 22 NOTICE of change of address filed by Michael Elias Cohen. New address is Cedar County Sheriff's Office, 202 S High St, Stockton, MO 65785. Address in CM/ECF updated. Copy of Doc. #21 mailed to plaintiff to new address. (Davies, Cindy)
September 24, 2020 Opinion or Order Filing 21 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 $350.00 filing fee is paid ($323.27); (2) Defendants Cole, Davis, Burney, Abbey Unknown, and Advanced Correctional Healthcare are severed and dismissed from this case for failure to state a claim; (3) Plaintiff's allegations regarding the denial of mental health treatment are severed and dismissed for failure to state a claim; (4) the Clerk of the Court shall issue appropriate summons as authorized by Fed. R. Civ. P. 4, and shall deliver the summons, the complaint, the complaint supplement, and a copy of this Order to the United States Marshal for service of process on Defendant Nerella (at the addresses listed in Plaintiff's complaint (Doc. 1, p. 4)); (5) the United States Marshal shall attempt service of process of the summons, the complaint, the complaint supplement, and a copy of this Order upon Defendant Nerella as directed by Fed. R. Civ. P.4 (at the address referenced above); and (6) Defendant Nerella shall answer or otherwise respond to Plaintiff's complaint within twenty-one (21) days from the date of service as required by Fed. R. Civ. P. 12. Signed on September 24, 2020 by District Judge Roseann Ketchmark. (Davies, Cindy)
September 24, 2020 SUMMONS ISSUED as to Dr. Nerella. Copy of USM-285, summons, complaint, complaint supplement and order of 9/24/20 sent to US Marshals Service for service. (Davies, Cindy)
September 23, 2020 RECEIPT number KCMO086411 in the amount of $26.73 issued to Michael Cohen. (Crocker, Susan)
September 21, 2020 Opinion or Order Filing 20 ORDER that, insofar as Plaintiff's request in Doc. 19 is intended as a request for an extension of time to pay the filing fee, that request is granted. Plaintiff shall pay the initial partial filing fee of $26.73 or otherwise submit a properly-supported motion to waive the initial partial filing fee (as directed in Doc. 11) on or before October 5, 2020, or this case will be dismissed without further notice. Signed on 9/21/2020 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
September 21, 2020 Filing 19 PLAINTIFF'S REQUEST filed by Michael Elias Cohen.(Willis, Kathy)
September 17, 2020 Opinion or Order Filing 18 ORDER that Plaintiff's motion for a subpoena (Doc. #17 ) is denied without prejudice for the reasons set forth in this Court's September 8, 2020, Order (Doc. #9 ) addressing Plaintiff's prior motion for a subpoena. Signed on 9/17/2020 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
September 16, 2020 Filing 17 PLAINTIFF'S SECOND MOTION for order to subpoena medical request and grievance filed by Michael Elias Cohen. Suggestions in opposition/response due by 9/30/2020. (Willis, Kathy)
September 14, 2020 Opinion or Order Filing 16 ORDER that Plaintiff's second motion for appointment of counsel (Doc. #15 ) is denied without prejudice for the reasons set forth in this Court's Order denying Plaintiff's first motion for appointment of counsel (Doc. #9 ). Signed on 9/14/2020 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
September 14, 2020 Filing 15 PLAINTIFF'S MOTION for appointment of counsel filed by Michael Elias Cohen. Suggestions in opposition/response due by 9/28/2020. (Davies, Cindy)
September 14, 2020 Opinion or Order Filing 14 ORDER: ORDERED that, because Plaintiff has not paid the initial partial filing fee as previously ordered, Plaintiff shall show cause, on or before September 28, 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 9/14/2020 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
September 10, 2020 Opinion or Order Filing 13 ORDER that Plaintiff's motion for a subpoena (Doc. #12 ) is denied without prejudice for the reasons set forth in this Court's September 8, 2020, Order (Doc. #9 ) addressing Plaintiff's prior motion for a subpoena. Signed on September 10, 2020 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Davies, Cindy)
September 10, 2020 Filing 12 PLAINTIFF'S MOTION for order to subpoena all medical grievances and other records held at Webster County Justice Center filed by Michael Elias Cohen. Suggestions in opposition/response due by 9/24/2020. (Willis, Kathy)
September 8, 2020 Opinion or Order Filing 11 ORDER that Plaintiff's motion for leave to proceed without payment of an initial partial filing fee (Doc. #10 ) is denied without prejudice, subject to Plaintiff submitting an updated inmate account statement establishing his claims that all of his income goes to sick-calls, nurses, and doctor visits. Notably, the most recent copy of Plaintiff's inmate account statement shows numerous purchases from the canteen. Furthermore, Plaintiff admits that he receives regular income of at least $40.00 every other month. Signed on 9/8/2020 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
September 8, 2020 Filing 10 PLAINTIFF'S MOTION to waive initial partial filing fee filed by Michael Elias Cohen. Suggestions in opposition/response due by 9/22/2020. (Davies, Cindy)
September 8, 2020 Opinion or Order Filing 9 ORDER: ORDERED that (1) Plaintiff's motion for appointment of counsel (Doc. 6)is denied without prejudice; and (2) Plaintiff's motion for a subpoena (Doc. 7) is granted, in that the Clerk of the Court is directed to send Plaintiff a subpoena form.Signed on 9/8/2020 by District Judge Roseann Ketchmark. (CLERK'S NOTE: Subpoena form mailed to Plaintiff along with a copy of this Order as directed.)(Willis, Kathy)
September 8, 2020 Filing 8 PLAINTIFF'S SUPPLEMENT TO COMPLAINT filed by Michael Elias Cohen. (Davies, Cindy)
September 8, 2020 Filing 7 PLAINTIFF'S MOTION for subpoena filed by Michael Elias Cohen. Suggestions in opposition/response due by 9/22/2020. (Davies, Cindy)
September 8, 2020 Filing 6 PLAINTIFF'S MOTION for appointment of counsel filed by Michael Elias Cohen. Suggestions in opposition/response due by 9/22/2020. (Davies, Cindy)
August 28, 2020 Opinion or Order 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 $26.73; and (3) Plaintiff's failure to pay the required initial partial filing fee on or before September 10, 2020, will result in the dismissal of this case without further notice. Signed on August 28, 2020 by District Judge Roseann Ketchmark. (Davies, Cindy)
August 28, 2020 Filing 4 Inmate ACCOUNT STATEMENT filed by Michael Elias Cohen. (Davies, Cindy)
August 13, 2020 Filing 2 IFP FINANCIAL AFFIDAVIT filed by Michael Elias Cohen. (Davies, Cindy)
August 13, 2020 Filing 1 COMPLAINT against All Defendants filed by Michael Elias Cohen. (Davies, Cindy)

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Plaintiff: Michael Elias Cohen
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Defendant: Roye Cole
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Defendant: Nerella
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Defendant: Tina Davis
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Defendant: Abbey Unknown
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Defendant: Advanced Correctional Healthcare, Inc.
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Defendant: Justin Burney
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