Vazquez-Diaz v. Krueger et al
| Luis A Vazquez-Diaz |
| J.E. Krueger, Preston, Iola, Sarrazin, Price, Vera, John Doe, Dr. Weiner, Sanders, Smith, Cherry and Harmon |
| United States of America |
| 6:2021cv03318 |
| December 7, 2021 |
| US District Court for the Western District of Missouri |
| Prisoner Pro Se |
| Brian C Wimes |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 14
ORDER of US COURT OF APPEALS: If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, CDs, videos, administrative records and state court files. These documents should be submitted within 10 days. (CLERK'S NOTE: All documents pertaining to this case are on CM/ECF. Nothing will be sent to the Court of Appeals.) (Davies, Cindy)
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Filing 13
ORDER of US COURT OF APPEALS: The $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. If appellant does not pay the fee or move for IFP status by 03/01/2022, an order will be entered directing the appellant to show cause why this appeal should not be dismissed for failure to prosecute. (Davies, Cindy)
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| USCA Case Number from 8th Circuit is 22-1241 for #10 Notice of Appeal filed by Luis A Vazquez-Diaz. (Davies, Cindy) |
| Filing 12 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document #10 Notice of Appeal. (Davies, Cindy) |
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Filing 11
ORDER: ORDERED that: (1) Plaintiff is denied leave to proceed in forma pauperis on appeal. Plaintiff either must pay the $505.00 appellate filing and docketing fees or renew his application for leave to proceed in forma pauperis with the United States Court of Appeals for the Eighth Circuit within the time set forth in Fed. R. App. P. 24(a) if he seeks to proceed with this appeal; and (2) the Clerk of the Court shall electronically forward this case to the United States Court of Appeals for the Eighth Circuit for further processing of Plaintiff's appeal. Signed on January 31, 2022 by District Judge Brian C. Wimes. (Davies, Cindy)
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| Filing 10 NOTICE OF APPEAL to Doc. #9 Clerk's Judgment filed by Luis A Vazquez-Diaz. (Davies, Cindy) |
| Filing 9 CLERK'S JUDGMENT: This case is summarily dismissed, without prejudice, as legally frivolous and for failure to state a claim upon which relief may be granted. Plaintiff's claims for relief under state law are dismissed without prejudice, subject to Plaintiff pursuing appropriate relief in state court. (Willis, Kathy) |
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Filing 8
ORDER: This case is summarily dismissed, without prejudice, as legally frivolous and for failure to state a claim upon which relief may be granted. Plaintiff's claims for relief under state law are dismissed without prejudice, subject to Plaintiff pursuing appropriate relief in state court. Signed on 1/5/2022 by District Judge Brian C. Wimes. (Willis, Kathy)
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| Filing 7 PLAINTIFF'S STATEMENT filed by Luis A Vazquez-Diaz.(Willis, Kathy) |
| Filing 6 PLAINTIFF'S AMENDED COMPLAINT as directed by order of 12/9/2021 (Doc. #5 ) filed by Luis A Vazquez-Diaz. (Willis, Kathy) |
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Filing 5
ORDER: ORDERED that: (1) Plaintiff is granted provisional leave to proceed in forma pauperis; (2) the Clerk of the Court is directed to send Plaintiff another set of civil rights forms for his use in filing an amended complaint; (3) Plaintiff is directed to file a single superseding amended complaint, as specifically discussed herein; and (8) Plaintiff's failure to amend as directed, on or before December 30, 2021, will result in the dismissal of this case without further notice. Signed on December 9, 2021 by District Judge Brian C. Wimes. (CLERK'S NOTE: Civil rights forms mailed to plaintiff with copy of order as directed.) (Davies, Cindy)
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| Filing 4 NOTICE of filing Response to Court Order by United States of America re 3 Order,, (Hyde, Cynthia) |
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Filing 3
ORDER: The Court requests that the United States Attorney for the Western District of Missouri enter a limited appearance for the purposes of advising the Court, on or before December 22, 2021, as to whether Plaintiff is a "prisoner" for purposes of the inmate accounting procedures of 28 U.S.C. 1915 (b) and (h) and, if so, whether Plaintiff is subject to the three-strikes provision of 28 U.S.C. 1915(g). Signed on December 8, 2021 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached. (Davies, Cindy)
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| Filing 2 IFP FINANCIAL AFFIDAVIT filed by Luis A Vazquez-Diaz. (Willis, Kathy) |
| Filing 1 COMPLAINT filed by Luis A Vazquez-Diaz. (Willis, Kathy) #1 Attachment (Willis, Kathy). |
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