Brown v. Buckner et al
| Bertram Lemoyne Brown, Jr |
| Michele Buckner, South Central Correctional Center, Missouri Department of Corrections, Corrections Officer Frost, Sergeant Woolfolk and Sergeant Sullivan |
| 6:2024cv03023 |
| January 24, 2024 |
| US District Court for the Western District of Missouri |
| M Douglas Harpool |
| Prisoner Pro Se |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 19, 2024. A more recent docket listing may be available from PACER.
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Filing 15
ORDER: The Court has received via electronic scanner what appear to be filings meant for the United States Court of Appeals for the Eighth Circuit. Plaintiff is directed to mail those documents to the correct courthouse. Signed on 3/18/2024 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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Filing 12
ORDER The Court has received via electronic scanner what appear to be filings meant for the United States Court of Appeals for the Eighth Circuit. Plaintiff is directed to mail those documents to the correct courthouse. Signed on 2/29/2024 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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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.) (Willis, Kathy)
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Filing 13
ORDER of US COURT OF APPEALS: The $605 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. A motion for leave to proceed in forma pauperis must include a completed copy of the attached "Application to Proceed Without Prepaying Fees or Costs" or an affidavit that shows in the same detail the Appellant's inability to pay or to give security for fees and costs. If appellant does not pay the fee or move for IFP status by March 25, 2024, this appeal may be dismissed for failure to prosecute without further notice. (Willis, Kathy)
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| USCA Case Number from Eighth Circuit is 24-1396 for Notice of Appeal (Doc. #9 ) filed by Bertram Lemoyne Brown, Jr. (Willis, Kathy) |
| Filing 11 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document #9 Notice of Appeal. (Willis, Kathy) |
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Filing 10
ORDERED that Plaintiff is denied leave to proceed in forma pauperis on appeal and is denied leave to file a second amended complaint post-dismissal. Plaintiff either must pay the $605.00 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. 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 2/26/2024 by District Judge M. Douglas Harpool. (Willis, Kathy)
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| Filing 9 NOTICE OF APPEAL filed by Bertram Lemoyne Brown, Jr. (Willis, Kathy) |
| Filing 8 CLERK'S JUDGMENT: This case is dismissed without prejudice pursuant to 28 U.S.C. 1915A(b)(1), for failure to state a claim upon which relief may be granted. (Willis, Kathy) |
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Filing 7
ORDERED that: (1) the agency having custody of Plaintiff shall 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 remainder of the $350.00 filing fee ($346.64) is paid; (2) the Defendants named in Plaintiff's amended complaint (Doc. #5 ) are substituted for the Defendants named in Plaintiff's original complaint (Doc. #1 ); and (3) this case is dismissed without prejudice pursuant to 28 U.S.C. 1915A(b)(1), for failure to state a claim upon which relief may be granted. Signed on 2/15/2024 by District Judge M. Douglas Harpool. (Willis, Kathy)
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| RECEIPT number 400002497 in the amount of $3.36 issued to BERTRAM L BROWN. (Grube, Cheyenne) |
| Filing 6 AMENDED COMPLAINT SUPPLEMENT filed by Bertram Lemoyne Brown. (Related document #5 ) (Willis, Kathy) |
| Filing 5 AMENDED COMPLAINT filed by Bertram Lemoyne Brown, Jr., as directed by Order dated 1/25/2024 (Doc. #4 ).(Willis, Kathy) |
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ORDER: The one-page pleading, titled Amended Motion, received from Plaintiff on 2/2/2024 is illegible. Plaintiff is directed to ensure that the handwriting is neat, clear, and large enough to be properly scanned and resubmit the pleading on or before 2/9/2024. Signed on 2/2/2024 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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Filing 4
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 $3.36; (3) the Clerk of the Court is directed to send Plaintiff another set of civil rights forms for his use in filing an amended complaint; (4) Plaintiff is directed to file a single superseding amended complaint, as specifically discussed herein; and (5) Plaintiff's failure to both pay the required initial partial filing fee and amend as directed, on or before February 15, 2024, will result in the dismissal of this case without further notice. Signed on 1/25/2024 by District Judge M. Douglas Harpool. (CLERK'S NOTE: A copy of this Order and a set of civil rights forms mailed to Plaintiff as directed.)(Willis, Kathy)
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| Filing 3 INMATE ACCOUNT STATEMENT filed by Bertram Lemoyne Brown, Jr. (Willis, Kathy) |
| Filing 2 IFP FINANCIAL AFFIDAVIT filed by Bertram Lemoyne Brown, Jr. (Willis, Kathy) |
| Filing 1 COMPLAINT filed by Bertram Lemoyne Brown, Jr. (Willis, Kathy) |
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