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12-040 - Paige v. Murry et al


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12-040 - Paige v. Murry et al
March 15, 2012
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MEMORANDUM AND ORDER re:2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Lacey Kurt Paige. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $2.08 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee within thirty (30) days of the date of this Order, then this case will be dismissed without prejudice. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint in accordance with the waiver agreement the Court maintains with the Missouri Attorney General's Office. IT IS FURTHER ORDERED that, no later than ninety (90) days from the date of this Memorandum and Order, plaintiff shall provide the Court with the proper names and addresses of John Does #1-4 such that service of process can be effectuated on these defendants. Plaintiff's failure to do so will result in a dismissal of the claims against these defendants, without prejudice. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. ยง 1997e(g)(2), the named defendants shall reply to plaintiff's claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. (Initial Partial Filing Fee due by 4/16/2012, Response to Court due by 6/14/2012.) Signed by Honorable Stephen N. Limbaugh, Jr on 3/15/12. (CSG)
July 11, 2012
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk of Court shall issue process or cause process to be issued on defendant Sgt. Jerry Murray, identified by plaintiff as an employee of the Missouri Department of Corrections. This defendant shall be served in accordance with the waiver agreement maintained with the Missouri Attorney General's Office. IT IS FURTHER ORDERED that the defense counsel in this matter shall inform the Court in writing within ten (10) days of the date of this order of any known address of defendant Danny Draper. Defense counsel's written response to this order should be entitled "In Camera Response to Order of July 12, 2012," and should be mailed directly to the chambers of the undersigned, at the following address: United States District Court, Eastern District of Missouri, Southeastern Division, 555 Independence, Cape Girardeau, Missouri, 63703.IT IS FURTHER ORDERED that upon receipt of defense counsel's response, the Court will notify plaintiff in writing whether an address has been provided, and if so, the Court will arrange for issuance of summons on plaintiff's behalf. If defense counsel responds that they do not have an address for defendant Taber, plaintiff's claims against defendant Taber will be dismissed without prejudice pursuant to Rule 4(m), Fed. R. Civ. P. Response to Court due by 7/23/2012. Signed by Honorable Stephen N. Limbaugh, Jr on 7/11/2012. (JMC)
March 4, 2013
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MEMORANDUM AND ORDER re:41 MOTION to Appoint Counsel filed by Plaintiff Lacey Kurt Paige motion is DENIED without prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 3/4/13. (MRS)
April 3, 2013
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiffs Motion to Compel (#37) is DENIED. IT IS FURTHER ORDERED that plaintiffs Motion for Leave to Depose Defendants and Witnesses by Oral Examination (#42) is DENIED. IT IS FINALLY ORDERED that plaintiffs Motion for Information Regarding Subpoena Duces Tecum (#48) is GRANTED.. Signed by District Judge Stephen N. Limbaugh, Jr on 4/3/13. (MRS)
May 13, 2013
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that the Clerk shall issue a subpoena to Renee Todaro, the Medical Administrator at the South Central Correctional Center, 255 W. Highway 32, Licking, MO 65542, and command her to produce a verified copy of all of Lacey Kurt Paiges prison medical file that were created from August 5, 2010 through December 1, 2010, as a result of anyMedical Service Request Forms. The production shall be made by mailing or otherwise delivering documents on or before 30 days from the date of the subpoena to Lacey Kurt Paige, #516964, South Central Correctional Center, 255 West Highway 32, Licking, MO 65542. IT IS FURTHER ORDERED that the United States Marshal shall serve the subpoena on Renee Todaro at the address above.. Signed by District Judge Stephen N. Limbaugh, Jr on 5/13/13. (MRS)
November 14, 2013
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MEMORANDUM AND ORDER re:78 MOTION for Extension of: time to repond to Motion for Summary Judgment an additional 45 days filed by Plaintiff Lacey Kurt Paige motion is GRANTED. IT IS HEREBY ORDERED that plaintiff's Motion for an Extension of Time (#78) is GRANTED. IT IS FURTHER ORDERED that plaintiff shall have until February 8, 2014 to respond to the defendants' motion for summary judgment. IT IS FURTHER ORDERED that plaintiff's Motion of Clarification (#79) is held in abeyance. IT IS FINALLY ORDERED that defendants shall respond to plaintiff's Motion of Clarification (#79) as described in the memorandum above no later than November 25, 2013. Signed by District Judge Stephen N. Limbaugh, Jr on 11/14/13. (CSG)
April 4, 2014
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiffs Motion for an Extension of Time (#85) is GRANTED. IT IS FURTHER ORDERED that plaintiff's Motion for Clarification (#79) is GRANTED in part and DENIED in part.IT IS FURTHER ORDERED that defendants shall furnish the declarations and/oraffidavits they offered in their Response (#83) no later than May 1, 2014.IT IS FINALLY ORDERED that plaintiff shall have until May 29, 2014 to respond tothe defendants motion for summary judgment. Signed by District Judge Stephen N. Limbaugh, Jr on 4/4/14. (MRS)
September 12, 2014
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MEMORANDUM AND ORDER re:72 MOTION for Summary Judgment filed by Defendant Joe Jones, Defendant David Perkins, Defendant Ricky Alley, Defendant Jarrod Walters, Defendant David Kirkman, Defendant Michael Hart, Defendant Jackie Waters, Defendant James Hack, Defendant Heath Cooley, Defendant Jody Arnold, Defendant Jerry Murray, 88 MOTION to Compel filed by Plaintiff Lacey Kurt Paige, 97 PRO SE MOTION to Postpone Summary Judgment Decision Until Adequate Discovery has Been Completed filed by Plaintiff Lacey Kurt Paige. IT IS HEREBY ORDERED that plaintiff's motion to compel (#88) is DENIED as moot. IT IS FURTHER ORDERED that defendants' motion for summary judgment (#72) is DENIED in part and GRANTED in part. IT IS FURTHER ORDERED that defendants maintenance supervisors Ricky Alley, David Kirkman, David Perkins, and Joe Jones are DISMISSED. IT IS FINALLY ORDERED that plaintiff's motion to postpone a summary judgment decision until adequate discovery has been completed (#97) is DENIED as moot. Signed by District Judge Stephen N. Limbaugh, Jr on 9/12/14. (CSG)
August 18, 2015
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiffs Motion to Produce (#111) and Motion to Withdraw Motion to Produce (#114) are DENIED as moot.IT IS FURTHER ORDERED that plaintiffs Motion to Terminate Counsel (#115) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 8/18/15. (cc: Paige at SECC)(MRS)
November 18, 2015
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MEMORANDUM AND ORDER re:123 PRO SE MOTION Term Counsel filed by Plaintiff Lacey Kurt Paige motion is GRANTED, Attorney Thomas F. Robison terminated. Signed by District Judge Stephen N. Limbaugh, Jr on 11/18/15. (COPY OF ORDER SENT TO PAIGE)(MRS)
January 20, 2016
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MEMORANDUM AND ORDER re:117 MOTION for Summary Judgment filed by Plaintiff Lacey Kurt Paige motion is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 1/20/16. (MRS)
April 5, 2016
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that defendants trial brief (#163) shall be construed as a renewed motion for summary judgment as described. IT IS FURTHER ORDERED that plaintiff shall have until April 19, 2016 by which to file a response memorandum, and defendants shall have until April 29, 2016 by which to file a reply. Jury Trial reset for 5/25/2016 09:00 AM in Southeast Div - Courtroom 4B before District Judge Stephen N. Limbaugh Jr... Signed by District Judge Stephen N. Limbaugh, Jr on 4/5/16. (MRS)
June 6, 2016
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MEMORANDUM AND ORDER.. IT IS HEREBY ORDERED that defendants renewed motion for summary judgment (#165) is DENIED. IT IS FURTHER ORDERED that the parties shall engage in alternative dispute resolution effective immediately. Counsel will be appointed for plaintiff, and the parties shall select a neutral no later than June 27, 2016 with ADR compliance report due on July 27, 2016.. Signed by District Judge Stephen N. Limbaugh, Jr on 6/6/16. (MRS)