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14-172 - Burns v. Morgan et al


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14-172 - Burns v. Morgan et al
December 4, 2014
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form Prisoner Civil Rights Complaint. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form Motion to Proceed in Forma Pauperis - Prisoner Cases. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court-provided form within (30) days of the date of this Order. IT IS FURTHER ORDERED that plaintiff shall either pay the $400 filing fee or submit a form motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff submits the form motion to proceed in forma pauperis, he must also submit a certified copy of his prison account statement for the six month period immediately preceding the filing of his complaint. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the court will dismiss this action without prejudice. If the case is dismissed, the dismissal will not constitute a "strike" under 28 U.S.C. § 1915(g). Response to Court due by 1/5/2015. Signed by District Judge Stephen N. Limbaugh, Jr on 12/4/14. (MRS)
January 23, 2015
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(VACATED) MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc.#2 and #5] are GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.00 within thirty (30) days of the date of this Order..IT IS FURTHER ORDERED that plaintiffs motion for an extension of time to provide his certified copy of his account statement [Doc. #6] is DENIED AS MOOT. IT IS FURTHER ORDERED that this action is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B). ( Initial Partial Filing Fee due by 2/23/2015.) Signed by District Judge Stephen N. Limbaugh, Jr on 1/23/15. (MRS) Modified on 8/4/2015 (JMC).
August 4, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Memorandum and Order and the Order of Dismissal, entered on January 23, 2015 [Doc. #7 and #8], are VACATED, in accordance with the Opinion and Judgment received from the Eighth Circuit Court of Appeals on July 7, 2015. IT IS FURTHER ORDERED that the Clerk of Court shall reopen this matter. IT IS FURTHER ORDERED that plaintiff shall submit an amended complaint on a court-provided form no later than thirty (30) days from the date of this Memorandum and Order. IT IS FURTHER ORDERED that upon submission of the second amended complaint, the Court shall again review this action pursuant to 28 U.S.C. ' 1915. IT IS FURTHER ORDERED that the Court shall mail to plaintiff a copy of the Court's Prisoner Civil Rights Complaint form. IT IS FURTHER ORDERED that plaintiff's motions seeking leave to proceed in forma pauperis [Doc. #2 and #5] are GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.00 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 plaintiff's motion for an extension of time to provide his certified copy of his account statement [Doc. #6] is DENIED AS MOOT. Signed by District Judge Stephen N. Limbaugh, Jr on 8/4/2015. (JMC) ( Amended/Supplemental Pleadings due by 9/3/2015.), Case reopened. (1983 forms forwarded to Mr. Burns)
September 16, 2015
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiff motion for extension of time to pay the initial partial filing fee [Doc. #22] is GRANTED.IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.00 within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that 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 that the Clerk shall issue process or cause process to issue on plaintiffs claims for excessive force and deliberate indifference to his serious medical needs as to defendants Jerry Morgan and Correctional Officer Unknown Kennedy through the Courts waiver agreement with the Missouri Attorney Generals Office. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants Jerry Morgan and Unknown Kennedy, in their individual capacities, 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 complaint as to defendants Jerry Morgan and Unknown Kennedy in their official capacities because the official capacity claims against defendants in the amended complaint 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 Initial Partial Filing Fee due by 10/16/2015.. Signed by District Judge Stephen N. Limbaugh, Jr on 9/16/15. (MRS)
December 17, 2015
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Clerk of Court shall have the United States Marshals Office effectuate service of summons on defendants Jerry Morgan and Chris Kennedy at their last known addresses. IT IS FURTHER ORDERED that copies of summons, as well as return of summons, shall be filed under seal. These documents shall not be served upon plaintiff.. Signed by District Judge Stephen N. Limbaugh, Jr on 12/17/15. (MRS)
September 29, 2016
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiff's motions for appointment of counsel (#38, #47) are DENIED without prejudice at this time.IT IS FURTHER ORDERED that plaintiffs motion to compel (#46) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 9/29/16. (MRS)
April 24, 2017
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MEMORANDUM AND ORDER re:40 MOTION for Summary Judgment filed by Defendant Jerry Morgan, Defendant Chris Kennedy motion is GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 4/24/17. (MRS)
June 15, 2017
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MEMORANDUM AND ORDER re:60 MOTION for Leave to Proceed in forma pauperis on appeal under 42:1983 (prisoner) filed by Plaintiff Michael Burns motion is granted. IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $1.75 within thirty (30) days of the date of this Order( Initial Partial Filing Fee due by 7/17/2017.). Signed by District Judge Stephen N. Limbaugh, Jr on 6/15/17. (MRS)