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06-001 - Edwards v. Dwyer et al


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06-001 - Edwards v. Dwyer et al
April 7, 2006
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ORDER re 12 MOTION to Amend/Correct 1 DCM Complaint MOTION to Appoint Counsel MOTION for Discovery filed by Lawrence Martin Edwards, denied. Signed by Judge Frederick R Buckles on 4/7/06. (RRC, )
April 7, 2006
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ORDER re 6 MOTION to Appoint Counsel filed by Lawrence Martin Edwards,, 12 MOTION to Amend/Correct 1 DCM Complaint MOTION to Appoint Counsel MOTION for Discovery filed by Lawrence Martin Edwards, denied without prejudice. Signed by Judge Frederick R Buckles on 4/7/06. (RRC, )
February 20, 2007
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MEMORANDUM AND ORDER finding as moot 27 Motion to Dismiss Case, finding as moot 39 Motion to Dismiss Case, finding as moot 16 Motion to Dismiss Case IT IS HEREBY ORDERED that the Clerk of Court shalldetach, file and docket forthwith plaintiff's First AmendedComplaint, submitted as an attachment to plaintiff's Response toDefendant Tori Green's Motion to Dismiss (Docket No. 19).}IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the First Amended Complaint against defendants Tamara Cobbs, Laura Vance, John Williams, C. Dowdy, Dan Martinez, Investigator Jules, and the Missouri Department of Corrections.IT IS FURTHER ORDERED that after either being properly served with a copy of the First Amended Complaint or filing waiversof service, defendants Tamara Cobbs, Laura Vance, John Williams, C.Dowdy, Dan Martinez, Investigator Jules, and the MissouriDepartment of Corrections shall respond to the First AmendedComplaint within the time provided by the applicable provisions ofRule 12(a) of the Federal Rules of Civil Procedure.IT IS FURTHER ORDERED that defendants Chuck Dwyer andTori Green shall respond to the First Amended Complaint within thetime provided by the applicable provisions of Rule 15(a), FederalRules of Civil Procedure.IT IS FURTHER ORDERED that the Clerk of Court shalldocket this case as Lawrence Martin Edwards v. Chuck Dwyer, ToriGreen, Tamara Cobbs, Laura Vance, John Williams, C. Dowdy, DanMartinez, Investigator Jules, and the Missouri Department ofCorrections. Signed by Judge Frederick R Buckles on 2/20/07. (MRS, )
February 20, 2007
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ORDER finding as moot 37 Motion for Preliminary Injunction, finding as moot 56 Pro Se Motion, denying 59 Motion for Preliminary Injunction. Signed by Judge Frederick R Buckles on 2/20/07. (MRS, )
February 20, 2007
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ORDER denying without prejudice 42 Motion to Appoint Counsel, denying without prejudice 52 Motion to Appoint Counsel, denying without prejudice80 Motion to Appoint Counsel. Signed by Judge Frederick R Buckles on 2/20/07. (MRS, )
May 2, 2007
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ORDER- IT IS HEREBY ORDERED that, forthwith, the Clerk of Court shall cause summons to be prepared and delivered to the United States Marshal so that service may be effected upon defendants Tamara Cobbs and Laura Vance in accordance with Fed. R. Civ. P. 4.IT IS FURTHER ORDERED that, in accordance with Fed. R. Civ. P. 4(m), service of process shall be effected upon defendants Tamara Cobbs and Laura Vance not later than June 20, 2007, that is, 120 days after the filing of plaintiff's First Amended Complaint. In the absence of good cause shown, failure to effect timely service shall result in the dismissal without prejudice of plaintiff's claims against any unserved defendant. Signed by Judge Frederick R Buckles on 5/2/07. (MRS, ) Modified on 5/3/2007 (MRS, ).
August 21, 2007
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ORDER... IT IS HEREBY ORDERED that not later than Friday, August 31, 2007, the United States Marshal shall deliver to the Clerk of Court for filing, under seal, the completed Process Receipt and Return as to each defendant Tamara Cobbs and Laura Vance, with such Process Receipt and Return to reflect either service of process upon the defendant(s) or attempted but unsuccessfulservice, and the date(s) of such service and/or attempted service. Response to Court due by 8/31/2007. Signed by Judge Frederick R Buckles on 8/21/07. (copy of order hand-delivered to USM-Cape)(MRS, )
September 26, 2007
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ORDER... IT IS HEREBY ORDERED that the Clerk of the Court shallrandomly reassign this case to a district judge of the Court for allfurther proceedings. Signed by Judge Frederick R Buckles on 9/26/07. (MRS, )
October 2, 2007
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MEMORANDUM AND ORDER.. IT IS HEREBY ORDERED that plaintiff shall, by October 25, 2007, file a motion for entry of default by the Clerk of the Court under Federal Rule of Civil Procedure 55(a) with respect to defendants Cobbs and Vance. IT IS FURTHER ORDERED re:128 MOTION for Partial Summary Judgment filed by Lawrence Martin Edwards, motion is DENIED AS MOOT.Failure to comply timely and fully with this order may result in dismissal of the claimsagainst defendants Cobbs and Vance without prejudice. Response to Court due by 10/25/2007. Signed by Judge Charles A. Shaw on 10/2/07. (MRS, )
January 25, 2008
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that plaintiffs claims against the Missouri Department of Corrections are DISMISSED. 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED that defendant Dwyers motion to dismiss, construed as a motion for summary judgment, is GRANTED for failure to exhaust administrative remedies. [Doc. 103] IT IS FURTHER ORDERED that defendant Greens motion to dismiss, construed as a motion for summary judgment, is GRANTED for failure to exhaust administrative remedies. [Doc. 107] IT IS FURTHER ORDERED that plaintiffs motion for physical examination of defendantGreen is DENIED as moot. [Doc. 106] IT IS FURTHER ORDERED that defendants Williams, Dowdy, Martinez and Julians motion to dismiss, construed as a motion for summary judgment, is GRANTED in part and DENIED in part; said motion is DENIED with respect to plaintiffs claims against Williams, Dowdy, Martinez and Julian in their individual capacities for money damages, and GRANTED with respect to Williams, Dowdy, Martinez and Julian in their official capacities based on Eleventh Amendment immunity. [Doc. 113] IT IS FURTHER ORDERED that plaintiffs remaining claims against defendant Julian are DISMISSED for failure to state a claim upon which relief can be granted. 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED that plaintiffs claims against defendants Vance and Cobbs in their official capacities are DISMISSED, based on Eleventh Amendment immunity. IT IS FURTHER ORDERED that plaintiffs claims for declaratory and injunctive relief against all defendants are DISMISSED as moot. IT IS FURTHER ORDERED that plaintiffs motion for summary judgment is DENIED without prejudice. [Doc. 144] IT IS FURTHER ORDERED that plaintiffs motion for discovery is DENIED as moot. [Doc. 142] terming...113 MOTION to Dismiss Case for Failure to State a Claim filed by Missouri Department of Corrections, C. Dowdy, Unknown Jules, Dan Martinez, John Williams, 142 MOTION for Discovery MOTION to Produce filed by Lawrence Martin Edwards, 106 MOTION for Physical filed by Lawrence Martin Edwards, 103 MOTION to Dismiss Case filed by Chuck Dwyer, 144 MOTION for Summary Judgment filed by Lawrence Martin Edwards, 107 MOTION to Dismiss Case filed by Tori Green. Signed by Honorable Charles A. Shaw on 1/25/08. (MRS)
January 25, 2008
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MEMORANDUM AND ORDER Denying:136 MOTION for Default Judgment as to Party Tamra Cobbs and Laura Vance filed by Lawrence Martin Edwards..Plaintiff may file a new motion for default judgment after either of the following events occurs: (1) the Court sets this case for trial, or (2) the Court enters an order or judgment dismissing plaintiffs claims against all of the remaining non-defaulting defendants. Signed by Honorable Charles A. Shaw on 1/25/08. (MRS)
January 25, 2008
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MEMORANDUM AND ORDER re:159 MOTION to Appoint Counsel filed by Plaintiff Lawrence Martin Edwards motion is denied without prejudice..IT IS FURTHER ORDERED that plaintiffs alternative motion for an interlocutory appealon the question of whether counsel should be appointed in this case is DENIED. [Doc. 159] See 28 U.S.C. § 1292(b). Signed by Honorable Charles A. Shaw on 1/25/08. (MRS)
March 11, 2008
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ORDER.. IT IS HEREBY ORDERED that plaintiffs Motion to Alter or Amend the Judgment is DENIED. [Doc. 174] IT IS FURTHER ORDERED that plaintiffs Motion for a More Definite Statement to Plaintiffs Memorandum in Opposition to Summary Judgment is DENIED. [Doc. 173] IT IS FURTHER ORDERED that plaintiffs Motion to Reinstate Defendants Tori Green, Chuck Dwyer, Laura Vance and Steve Julian is DENIED. [Doc. 179]. Signed by Honorable Charles A. Shaw on 3/11/08. (MRS)
April 17, 2008
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MEMORANDUM AND ORDER..DENYING204 MOTION to Compel filed by Plaintiff Lawrence Martin Edwards, DENYING 201 MOTION to Appoint Counsel filed by Plaintiff Lawrence Martin Edwards, DENYING188 MOTION for Leave to Subpoena filed by Plaintiff Lawrence Martin Edwards,DENYING 187 MOTION for Discovery filed by Plaintiff Lawrence Martin Edwards,DENYING 200 MOTION in Limine filed by Plaintiff Lawrence Martin Edwards. Signed by Honorable Charles A. Shaw on 4/17/08. (MRS) Modified on 4/18/2008 (MRS).
June 25, 2008
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MEMORANDUM AND ORDER re:227 PRO SE MOTION Emergency Writ to Order filed by Plaintiff Lawrence Martin Edwards motion is DENIED. Signed by Honorable Charles A. Shaw on 6/25/08. (MRS)
June 25, 2008
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MEMORANDUM AND ORDER..DENYING re:216 MOTION for Summary Judgment filed by Plaintiff Lawrence Martin Edwards, DENYING 219 MOTION to Compel filed by Plaintiff Lawrence Martin Edwards IT IS FURTHER ORDERED that in the future, plaintiff shall make every effort to submit documents to the Court which are legible, and shall only submit documents with writing on one side of the page. Documents which do not comply with this order may returned to plaintiff.. Signed by Honorable Charles A. Shaw on 6/25/08. (MRS)
September 11, 2008
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MEMORANDUM AND ORDER re:240 MOTION to Set Aside Default due to court's lack of personal jurisdiction over defendant filed by Defendant Laura Vance motion is GRANTED...IT IS FURTHER ORDERED that the Clerks Entry of Default against defendant Vance is VACATED. [Doc. 135]...IT IS FURTHER ORDERED that the Clerk of the Court shall detach and docket the Entry of Appearance and Answer submitted by defendant Vance as attachments to her Motion to Set AsideClerks Entry of Default Due to Courts Lack of Personal Jurisdiction over Defendant. IT IS FURTHER ORDERED that the Court will consider the motion for summary judgment filed by defendants Williams, Dowdy and Martinez (Doc. 237) as having been filed by defendant Vance as well. Signed by Honorable Charles A. Shaw on 9/11/08. (MRS)
September 11, 2008
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MEMORANDUM AND ORDER..GRANTING 237 MOTION for Summary Judgment filed by Defendant C. Dowdy, Laura Vance, Defendant Dan Martinez, Defendant John Williams,..DENYING 224 MOTION to Appoint Counsel filed by Plaintiff Lawrence Martin Edwards,DENYING 226 MOTION to Compel filed by Plaintiff Lawrence Martin Edwards, DENYING 228 MOTION to Compel filed by Plaintiff Lawrence Martin Edwards, DENYING 223 MOTION to Compel filed by Plaintiff Lawrence Martin Edwards,DENYING 243 PRO SE MOTION "Emergency Writ to Order" filed by Plaintiff Lawrence Martin Edwards. An appropriate judgment will accompany this memorandum and order. Signed by Honorable Charles A. Shaw on 9/11/08. (MRS)
September 11, 2008
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff shall file a motion for default judgment under Rule 55(b) against defendant Tamara Cobbs, by October 20, 2008. Any affidavits, declarations signed under penalty of perjury, or other relevant materials shall be filed together with the motion. Response to Court due by 10/20/2008. IT IS FURTHER ORDERED that any response by defendant Cobbs shall be filed within five (5) days of the filing of plaintiffs motion for default judgment, as provided by E.D. Mo. Local Rule 4.01(B). IT IS FURTHER ORDERED that in the event plaintiff does not file a motion for defaultjudgment by October 20, 2008, his claims against defendant Cobbs will be dismissed with prejudice. Signed by Honorable Charles A. Shaw on 9/11/08. (MRS)
October 20, 2008
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MEMORANDUM AND ORDER re:259 MOTION for Default Judgment as to Party Tamara Cobbs filed by Plaintiff Lawrence Martin Edwards. Motion is GRANTED. An appropriate judgment will accompany this memorandum and order. Signed by Honorable Charles A. Shaw on 10/20/08. (MRS)
October 21, 2008
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ORDER denying 258 Motion for Taxation of Costs. IT IS HEREBY ORDERED that defendants Dowdy, Williams, Martinez and Vance's motion for a bill of costs is DENIED. Signed by Honorable Charles A. Shaw on 10/21/08. (CSG)
March 11, 2010
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiffs Request for Garnishment Order is DENIED without prejudice. [Doc. 285] IT IS FURTHER ORDERED that the Court will take no action on plaintiffs Registrationfor Foreign Judgment/Affidavit for the reasons stated herein. [Docs. 284]. Signed by Honorable Charles A. Shaw on 3/11/10. (MRS)
May 10, 2011
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MEMORANDUM AND ORDER re:309 MOTION for Discovery filed by Plaintiff Lawrence Martin Edwards motion is DENIED. Signed by Honorable Charles A. Shaw on 5/10/11. (MRS)
August 23, 2011
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Court will not direct the U. S. Marshal to serve the subpoenas duces tecum submitted by plaintiff, because the subpoenas do not comply with the Courts Memorandum and Order of June 23, 2011, for the reasons stated herein. IT IS FURTHER ORDERED that the Clerk of the Court shall send plaintiff one blank subpoena form, which plaintiff may fill out as required by this Memorandum and Order and returnto the Court with a Memorandum for Clerk requesting that the subpoena be served by the U.S. Marshal. IT IS FURTHER ORDERED that if plaintiff requests additional blank subpoena forms in the future, each such request must be accompanied by a Memorandum for Clerk that includes the following information for each requested subpoena: (1) the name of the person or entity plaintiffseeks to serve; (2) the specific documents plaintiff seeks; (3) how the specified documents are relevant to plaintiffs efforts to collect his judgment from defendant Cobbs; and (4) why plaintiff believes the person or entity to be subpoenaed has possession of the documents. Signed by Honorable Charles A. Shaw on 8/23/11. (MRS)
January 10, 2012
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MEMORANDUM AND ORDER re:326 MOTION to Quash Plaintiff's Subpoena Directed to George Lombardi filed by Movant Missouri Attorney General's Office motion is DENIED. IT IS FURTHER ORDERED that by January 31, 2012, non-party George Lombardi shall file either an affidavit or a declaration signed by him under penalty of perjury pursuant to 28 U.S.C. § 1746, to certify that the MDOC does not have any of the documents subpoenaed by plaintiff.( Response to Court due by 1/31/2012.). Signed by Honorable Charles A. Shaw on 1/10/12. (MRS)
March 30, 2012
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MEMORANDUM AND ORDER re:330 MOTION to Compel filed by Plaintiff Lawrence Martin Edwards motion is DENIED.IT IS FURTHER ORDERED that any future discovery-related motion filed by plaintiff that does not contain a statement of plaintiff's good-faith effort to resolve the dispute prior to filingthe motion in compliance with Local Rule 3.04(A) will be summarily denied. Signed by Honorable Charles A. Shaw on 3/30/12. (MRS)
May 21, 2012
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MEMORANDUM AND ORDER re:337 MOTION for Issuance Writ of Sequestration filed by Plaintiff Lawrence Martin Edwards motion is denied. IT IS HEREBY ORDERED that plaintiff's Motion for Writ of Sequestration is DENIED.[Doc. 337] IT IS FURTHER ORDERED that plaintiff is permitted to obtain one free certified copy of the judgment in this case, to be requested by sending a letter to the Clerk of the Court in Cape Girardeau. Signed by Honorable Charles A. Shaw on 5/21/12. (MRS)
January 26, 2017
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MEMORANDUM AND ORDER re:341 PRO SE MOTION Court Order filed by Plaintiff Lawrence Martin Edwards motion is DENIED without prejudice..IT IS FURTHER ORDERED that by February 23, 2017, the Missouri Department of Corrections shall file a Response to this Order..IT IS FURTHER ORDERED that the Missouri Department of Corrections shall file its Response with the address information required by subparagraph (2) above redacted; and shall file an unredacted copy under seal using the civil filing event Sealed Document.( Response to Court due by 2/23/2017.) Signed by District Judge Charles A. Shaw on 1/26/17. (MRS)
February 24, 2017
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Missouri Department of Corrections shall promptly file in this case the Affidavit of Matthew Briesacher and the Exhibit thereto, with the addresses listed therein redacted, and shall provide a copy to plaintiff at his address of record.. Signed by District Judge Charles A. Shaw on 2/24/17. (MRS)
March 23, 2017
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Missouri Department of Corrections and the Missouri Attorney Generals Office shall search their files and records, including any archives or litigation files, and inquire if need be of the State of Missouri Office of Administration or other appropriateresource, to obtain the Social Security numbers and any other personally identifying information, such as employee numbers, of named defendant Tamara Cobbs and Tamoshanter D. Cobb. IT IS FURTHER ORDERED that the Missouri Attorney Generals Office shall search its files and records, including any archives or litigation files, to determine what address it provided tothe Court in camera and under seal in June 2007 as the address of named defendant Tamara Cobbs.IT IS FURTHER ORDERED that the Missouri Department of Corrections and the Missouri Attorney General's Office shall redact from their responses to this Order address information and any personal data identifiers, as required by Federal Rule of Civil Procedure 5.1, and shall also file unredacted versions under seal. IT IS FURTHER ORDERED that the Missouri Department of Corrections and the Missouri Attorney General's Offices responses to this Order shall be verified by an appropriate individual and shall describe the steps that were taken to comply with it. IT IS FURTHER ORDERED that the Missouri Department of Corrections and the Missouri Attorney Generals Office shall file their responses to this Order by April 24, 2017 Response to Court due by 4/24/2017. Signed by District Judge Charles A. Shaw on 3/23/17. (MRS)
April 25, 2017
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Missouri Department of Corrections shall promptly file in this case the Affidavit of Deborah Bell Yates and all exhibits thereto, including the Affidavits of Jay Boresi and Matthew Briesacher, with all addresses and personal data identifiers redacted, and shall provide a copy to plaintiff at his address of record. IT IS FURTHER ORDERED that plaintiff shall file any response to the Missouri Department of Corrections filing by May 30, 2017. Response to Court due by 5/30/2017. Signed by District Judge Charles A. Shaw on 4/25/17. (MRS)
August 15, 2017
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Judge Charles A. Shaw on 8/15/17. (MRS)MEMORANDUM AND ORDER re:356 PRO SE MOTION filed by Plaintiff Lawrence Martin Edwards,motion is DENIED IN ALL RESPECTS 344 MOTION to Reopen Case filed by Plaintiff Lawrence Martin Edwards motion is DENIED IN ALL RESPECTS. Signed by District