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14-167 - Simmons v. Dodson et al


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14-167 - Simmons v. Dodson et al
January 6, 2015
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MEMORANDUM AND ORDER re:2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Richard L. Simmons motion is GRANTED. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $11.82 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 the Clerk shall mail to plaintiff a prisoner civil rights complaint form. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint within thirty (30) days of the date of this Memorandum and Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Memorandum and Order, this case will be dismissed without prejudice. (Initial Partial Filing Fee due by 2/5/2015, Response to Court due by 2/5/2015.) Signed by District Judge Stephen N. Limbaugh, Jr on 1/6/15. (CSG)
February 10, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall issue process on each of the named defendants. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. Signed by District Judge Stephen N. Limbaugh, Jr on 2/10/2015. (JMC)
April 10, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall mail plaintiff a copy of the Notice Regarding Magistrate Judge Jurisdiction form, and plaintiff must fill out the form and return it within fourteen (14) days from the date of this Order. Response to Court due by 4/24/2015. Signed by Magistrate Judge Abbie Crites-Leoni on 4/10/2015. (JMC)
May 5, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, no later than fourteen (14) days from the date of this Order, plaintiff must show cause why defendant Bubba Unknown should not be dismissed from this action. IT IS FURTHER ORDERED that, no later than fourteen (14) days from the date of this Order, plaintiff must show cause why defendant Janet Warren's motion to dismiss should not be granted. IT IS FURTHER ORDERED that, no later than fourteen (14) days from the date of this Order, defendant Janet Warren must either (1) file a formal statement of Dodson's death, (2) file a statement denying that his death occurred, or (3) file a statement denying knowledge of whether his death occurred. Response to Court due by 5/19/2015. Signed by Magistrate Judge Abbie Crites-Leoni on 5/5/15. (CSG)
June 8, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Janet Warren's Motion to Dismiss (Doc. 18) is DENIED. Signed by Magistrate Judge Abbie Crites-Leoni on 6/8/2015. (JMC)
June 8, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that all of plaintiff's pending motions are DENIED without prejudice. Signed by Magistrate Judge Abbie Crites-Leoni on 6/8/2015. (JMC) (Main Document 45 replaced on 6/8/2015) (JMC). Modified on 6/8/2015 (JMC).
June 26, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs Motion for Summary Judgment (Doc. 46), Motion to Amend Claims (Doc. 47), and Motion for a Temporary Restraining Order (Doc. 49) are DENIED. Signed by Magistrate Judge Abbie Crites-Leoni on 6/26/2015. (JMC)
June 30, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs Motion to Amend to File Criminal Charges (Doc. 51), Motion to Amend as a Matter of Course on Policy (Doc. 53), Motion for Leave to Proceed to Discovery Phase (Doc. 54) and Motion to Resend Summary Judgment (Doc. 55), are DENIED. Signed by Magistrate Judge Abbie Crites-Leoni on 6/30/2015. (JMC)
August 11, 2015
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tely. Signed by District Judge Stephen N. Limbaugh, Jr on 8/11/2015. (JMC) Modified on 8/11/2015 (JMC).(VACATED) MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to substitute parties [ECF No. 61] is DENIED. IT IS FURTHER ORDERED that Danny Dodson is DISMISSED from this action. An Order of Partial Dismissal will be filed separa
August 12, 2015
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OPINION MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiffs motion to substitute parties [ECF No. 61] is DENIED. IT IS FURTHER ORDERED that Danny Dodson is DISMISSED from this action. An Order of Partial Dismissal will be filed separately. Signed by District Judge Henry Edward Autrey on 8/12/15. (MRS)
May 23, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the Second Amended Complaint as to Defendant ad litem Elizabeth Dodson, as well as Defendants Josh Bost, Sheriff Thomas Greenwell, Jimmy Alsup, Stephanie Rudd, Derek Jackson, and Bubba Unknown. Said 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 the Clerk shall not issue process or cause process to issue upon the Second Amended Complaint as to Defendants Houch, Sanchez, and Brands, because, as to these Defendants, the Second Amended Complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. An appropriate Order of Partial Dismissal shall accompany this Memorandum and Order. IT IS FURTHER ORDERED that Defendant Janet Warren shall provide the Court with the full name of Defendant Bubba Unknown, if it is known to her or can be reasonably ascertained, no later than May 31, 2016, so that service may be effectuated. IT IS FURTHER ORDERED that Plaintiff's Motion for Appointment of Counsel (Doc. 98) is denied without prejudice. IT IS FURTHER ORDERED that Plaintiff's Motions for Subpoenas Duces Tecum(Docs. 89, 94, 99, 108) are denied. IT IS FURTHER ORDERED that Plaintiff's Motions for Subpoenas Duces Tecum (Docs. 88, 90) are granted. IT IS HEREBY ORDERED that the Clerk shall issue a subpoena to Dr. Douglas Fitzwater, D.O., 412 Ward Ave., Caruthersville, MO 63830, and direct Dr. Fitzwater to produce acopy of all prescriptions written for Richard L. Simmons between March 5, 2011 and April 6, 2012, when he was an inmate at the Pemiscot County Justice Center. The production shall be made by mailing documents on or before 30 days from the date of the subpoena to Richard L. Simmons, #1030094 MCC 1B-141, Moberly Correctional Center, P.O. Box 7, Moberly, MO, 65270. IT IS FURTHER ORDERED that the United States Marshal shall serve the subpoena on Dr. Fitzwater at the above address. IT IS FURTHER ORDERED that the Clerk shall issue a subpoena to Dr. James A. Gardner, D.D.S., 1210 Ward Avenue, Caruthersville, MO, 63830, and direct Dr. Gardner to produce a copy of all records of procedures and prescriptions written for Richard L. Simmons between 2011 and 2012, when he was an inmate at the Pemiscot County Justice Center. The production shall be made by mailing documents on or before 30 days from the date of the subpoena to Richard L. Simmons, #1030094 MCC 1B-141, Moberly Correctional Center, P.O. Box 7, Moberly, MO, 65270. IT IS FURTHER ORDERED that the United States Marshal shall serve the subpoena on Dr. Gardner at the above address. IT IS FURTHER ORDERED that Plaintiff's Motions to Compel (Docs. 93, 95) are denied. IT IS FURTHER ORDERED that Plaintiff's Motions to Stay (Docs. 100, 101) are denied as moot. IT IS FINALLY ORDERED that Plaintiff's Motion for Summary Judgment (Doc. 102) is denied without prejudice. ( Response to Court due by 5/31/2016.) Signed by Magistrate Judge Abbie Crites-Leoni on 5/23/2016. (JMC)
June 24, 2016
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MEMORANDUM AND ORDER re:130 PRO SE MOTION Re-Service of Process Upon Defendants filed by Plaintiff Richard L. Simmons motion is GRANTED. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process toissue upon the Second Amended Complaint as to Defendant Ad Litem Elizabeth Dodson by instructing the United States Marshals Service to serve an alias summons on Ms. Dodson at the following address: 308 North 6th St., Hayti, MO 63851. IT IS FURTHER ORDERED that the Clerk shall issue a subpoena to Dr. Douglas Fitzwater, D.O., 108 W. 5th St, Caruthersville, MO 63830, and direct Dr. Fitzwater to produce a copy of all prescriptions written for Richard L. Simmons between March 5, 2011 and April 6, 2012, when he was an inmate at the Pemiscot County Justice Center. The production shall be made by mailing documents on or before 30 days from the date of the subpoena to Richard L.Simmons, #1030094 MCC 1B-141, Moberly Correctional Center, P.O. Box 7, Moberly, MO, 65270. IT IS FURTHER ORDERED that the United States Marshal Service shall serve the subpoena on Dr. Fitzwater at the above address.IT IS FURTHER ORDERED that counsel for the Pemiscot County Justice Center, A.M.Spradling III, shall provide the Court, in camera, with the last known addresses of Defendants Ralph Bubba Williams, Jimmy Alsup, and Stephanie Rudd, so that service can be effectuated. Signed by Magistrate Judge Abbie Crites-Leoni on 6/24/16. (MRS)
August 14, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, no later than twenty-one (21) days of the date of this Order, plaintiff must either pay the $505 appellate filing fee or file a motion to proceed in forma pauperis on appeal along with a certified copy of his prisoner account statement. Response to Court due by 9/5/2017. Signed by Magistrate Judge Abbie Crites-Leoni on 8/14/2017. (JMC)
September 26, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal (Docket No. 250) is GRANTED. IT IS FURTHER ORDERED that, within thirty (30) days of the date of this Order, plaintiff shall pay an initial filing fee of $5.63. 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. Signed by Magistrate Judge Abbie Crites-Leoni on 9/26/2017. (JMC)