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14-104 - Manuel v. Phillips et al


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14-104 - Manuel v. Phillips et al
October 15, 2014
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MEMORANDUM AND ORDER re:4 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Michael T. Manuel motion is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $5.06 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 amended complaint as to defendants Phillips, Degan, and Shanefelter in their individual capacities. Defendants shall be served according to the waiver agreement the Court maintains with the Missouri Attorney General's Office. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. ยง 1997e(g)(2), defendants Phillips, Degan, and Shanefelter shall reply to plaintiffs 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 the Clerk shall not issue process or cause process to issue upon the amended complaint as to defendants Wallace, Dysinger, Parker, Hays, Bailey, Rangel, Hill, McIntyre, Spitzer, Gillispie, Harris, Walters, Mims, German, Beggs, Howard (I), Howard (II), Gatewood, Moss, and Vinson because, as to these defendants, the amended complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both.IT IS FURTHER ORDERED that plaintiff's claims against defendants under Section 217.410 of the Missouri Revised Statutes are subject to dismissal because these claims are legally frivolous or fail to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that plaintiffs official-capacity claims are subject to dismissal because these claims are legally frivolous or fail to state a claim upon which relief can be granted, or both.IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. An Order of Partial Dismissal will accompany this Memorandum and Order. (Initial Partial Filing Fee due by 11/14/2014.) Signed by District Judge John A. Ross on 10/15/14. (CSG)
October 15, 2014
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MEMORANDUM AND ORDER re:5 MOTION to Appoint Counsel filed by Plaintiff Michael T. Manuel. IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF. No. 5] is DENIED without prejudice. Signed by District Judge John A. Ross on 10/15/14. (CSG)
January 8, 2015
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MEMORANDUM AND ORDER re:24 MOTION to Appoint Counsel filed by Plaintiff Michael T. Manuel. IT IS HEREBY ORDERED that Plaintiff's motion for appointment of counsel [Doc. #24] is DENIED WITHOUT PREJUDICE. Signed by District Judge John A. Ross on 1/8/15. (CSG)
April 29, 2015
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MEMORANDUM AND ORDER re:32 PRO SE MOTION Name Change filed by Plaintiff Michael T. Manuel, 33 MOTION for Order to Show Cause MOTION for Temporary Restraining Order filed by Plaintiff Michael T. Manuel, 37 MOTION for Leave to File Amended Complaint filed by Plaintiff Michael T. Manuel, 35 MOTION to Compel filed by Plaintiff Michael T. Manuel. IT IS HEREBY ORDERED that Plaintiff's Petition for Name Change 32 is GRANTED in part. The Clerk of the Court is directed to hyphenate Plaintiff's legal name with Bey. IT IS FURTHER ORDERED that Plaintiff's Motion for Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction 33 is DENIED.IT IS FURTHER ORDERED that Plaintiff's Motion to Compel Discovery 35 isGRANTED in part. Defendants shall answer and/or object to Plaintiff's First Set of Interrogatories within ten (10) days of the date of this Order. IT IS FINALLY ORDERED that Plaintiff's Motion for Leave to File Amended Complaint 37 is DENIED without prejudice. Signed by District Judge John A. Ross on 4/29/15. (CSG)
September 28, 2015
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MEMORANDUM AND ORDER re:42 MOTION for Preliminary Injunction filed by Plaintiff Michael T. Manuel-Bey, 59 MOTION for Extension of Time to File Response/Reply as to 57 MOTION for Summary Judgment filed by Plaintiff Michael T. Manuel-Bey, 40 MOTION to Compel filed by Plaintiff Michael T. Manuel-Bey, 50 MOTION to Compel filed by Plaintiff Michael T. Manuel-Bey. IT IS HEREBY ORDERED that Plaintiff's motions to compel [40, 50] are DENIED. IT IS FURTHER ORDERED that Plaintiff's motion for preliminary and permanent injunction 42 is DENIED. IT IS FINALLY ORDERED that Plaintiff's motion for extension of time 59 is GRANTED in part. Plaintiff is granted an additional thirty (30) days, up to and including November 4, 2015, to file his response to Defendants' motions for summary judgment. To the extent the Attorney General has not provided Plaintiff with the entire food master menu, the Attorney General shall provide Plaintiff with a copy of the full document no later than October 7, 2015. Signed by District Judge John A. Ross on 9/28/15. (CSG)
August 1, 2016
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MEMORANDUM AND ORDER re:57 MOTION for Summary Judgment filed by Defendant Paula Phillips, Defendant Thomas Shanefelter, 54 MOTION for Summary Judgment filed by Defendant Dana Degan. IT IS HEREBY ORDERED that Defendant Dana Degen's Motion for Summary Judgment 54 is GRANTED.IT IS FURTHER ORDERED that Defendants Paula Phillips and Thomas Shanefelter's Motion for Summary Judgment 57 is GRANTED. A separate Judgment will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 8/1/16. (CSG)