Staudt v. McBee
Petitioner: Diane Elaine Staudt
Respondent: Chris McBee
Case Number: 6:2021cv03128
Filed: May 24, 2021
Court: US District Court for the Western District of Missouri
Presiding Judge: Beth Phillips
Referring Judge: Prisoner Pro Se
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 13, 2021 Opinion or Order Filing 10 ORDER: On August 2, 2021, the Court dismissed Petitioner's case, without prejudice, for failure to prosecute and for failure to comply with the Court's Orders. Doc. #8 . The Court further ordered, any motion to reopen must be filed within a reasonable time and must be accompanied with Petitioner's reply. Id. On August 13, 2021, the Court received what appears to be Petitioner's reply as previously directed. However, Petitioner scanned two pages prior to her reply, which the Court construes as a motion to reopen. Neither page includes a case number, nor includes Petitioner's signature. Federal Rule of Civil Procedure 11 requires "[e]very pleading, written motion, and other paper must be signed by a party personally if the party is unrepresented." Because Petitioner's motion to reopen fails to comply with the Federal Rules of Civil Procedure, the Clerk of the Court is directed to return to Petitioner, the documents received by the Court, unfiled. If Petitioner intends to reopen this case, ALL pleadings must comply with the Federal Rules of Civil Procedure and include her case number and signature. IT IS SO ORDERED. Signed on August 13, 2021 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Davies, Cindy)
August 2, 2021 Filing 9 CLERK'S JUDGMENT: ORDERED that this case is dismissed, without prejudice, pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and for failure to comply with this Court's orders. Any motion to reopen must be filed within a reasonable time and must include Petitioner's reply to Respondent's response (Doc. #5 ), as previously ordered. (Davies, Cindy)
August 2, 2021 Opinion or Order Filing 8 ORDER: ORDERED that this case is dismissed, without prejudice, pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and for failure to comply with this Court's orders. Any motion to reopen must be filed within a reasonable time and must include Petitioner's reply to Respondent's response (Doc. #5 ), as previously ordered. Signed on August 2, 2021 by Chief District Judge Beth Phillips. (Davies, Cindy)
July 15, 2021 Opinion or Order Filing 7 ORDER: ORDERED that, because Petitioner has not filed her reply to Respondent's Response as directed in the Court's June 23, 2021 Order (Doc. 6), Petitioner shall SHOW CAUSE, on or before July 29, 2021, as to why this case should not be dismissed pursuant to Fed. R. Civ. P. 41(b) due to Petitioner's failure to comply with the Court's Orders. Petitioner's failure to file a timely response will result in dismissal of this case without further notice. Signed on July 15, 2021 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Davies, Cindy)
June 23, 2021 Opinion or Order Filing 6 ORDER requiring Petitioner to file a reply to Respondent's Response to Order to Show Cause (Doc. #5 ), on or before July 14, 2021, or this case will be dismissed without further notice. Signed on June 23, 2021 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Davies, Cindy)
June 23, 2021 Filing 5 RESPONSE to order re 3 Order to Show Cause, filed by Benjamin Jared Kweskin on behalf of Respondent Chris McBee. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Related document(s) 3 ) (Kweskin, Benjamin)
May 27, 2021 Filing 4 NOTICE of appearance by Benjamin Jared Kweskin on behalf of Chris McBee (Attorney Benjamin Jared Kweskin added to party Chris McBee(pty:res))(Kweskin, Benjamin)
May 25, 2021 Opinion or Order Filing 3 ORDERED that: (1) Petitioner is granted provisional leave to proceed in forma pauperis; and (2) Respondent answer Petitioner's allegations and show cause on or before June 25, 2021, why the relief Petitioner seeks should not be granted. Signed on 5/25/2021 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
May 24, 2021 Filing 1 PETITION for Writ of Habeas Corpus filed by Diane Elaine Staudt.(Willis, Kathy)

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Petitioner: Diane Elaine Staudt
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Respondent: Chris McBee
Represented By: Benjamin Jared Kweskin
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