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15-063 - Richman v. Wallace


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15-063 - Richman v. Wallace
April 21, 2015
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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 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 motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff submits a 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 5/21/2015. Signed by District Judge Stephen N. Limbaugh, Jr on 4/21/15. (CSG)
May 19, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's request for an extension of time to provide the Court with a certified copy of his prison account statement [Doc. #3] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall submit a certified copy of his prison account statement within thirty (30) days of the date of this Memorandum and Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this action will be dismissed without prejudice. (Response to Court due by 6/18/2015.) Signed by District Judge Stephen N. Limbaugh, Jr on 5/19/15. (CSG)
July 10, 2015
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(VACATED) MEMORANDUM AND ORDER re:6 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff John A. Richman motion is GRANTED. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #6] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $2.50 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 this action is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B). An Order of Dismissal will accompany this Memorandum and Order. (Initial Partial Filing Fee due by 8/10/2015.) Signed by District Judge Stephen N. Limbaugh, Jr on 7/10/15. (CSG) Modified on 8/5/2015 (JMC).
August 4, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to set aside the dismissal of this action [Doc. #12] is GRANTED. IT IS FURTHER ORDERED that the Memorandum and Order and the Order of Dismissal, entered on July 10, 2015 [Doc. #9 and #10], are VACATED. IT IS FURTHER ORDERED that the Clerk of Court shall reopen this matter. IT IS FURTHER ORDERED that plaintiff shall submit a second 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 motion seeking leave to proceed in forma pauperis [Doc. #6] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $2.50 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.( Amended/Supplemental Pleadings due by 9/3/2015.), Case reopened. (prisoner forms forwarded to Mr. Richman). Signed by District Judge Stephen N. Limbaugh, Jr on 8/4/2015. (JMC)
September 3, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall issue process on plaintiffs due process claim against defendant Ian Wallace in his official capacity through the Court's waiver of service agreement with the Missouri Attorney General's Office. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendant Ian Wallace 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 change the Court's docket to reflect that Ian Wallace is the only named defendant in this action. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. Signed by District Judge Stephen N. Limbaugh, Jr on 9/3/15. (CSG)
October 9, 2015
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MEMORANDUM AND ORDER re:22 MOTION for Preliminary Injunction filed by Plaintiff John A. Richman, 21 MOTION for Preliminary Injunction filed by Plaintiff John A. Richman, 18 MOTION for Preliminary Injunction filed by Plaintiff John A. Richman; motions are DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 10/9/15. (CSG)
November 3, 2015
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MEMORANDUM AND ORDER re:24 MOTION for Preliminary Injunction filed by Plaintiff John A. Richman, 25 MOTION for Declaratory Judgment filed by Plaintiff John A. Richman. IT IS HEREBY ORDERED that defendant Wallace shall have thirty (30) days to respond to plaintiff's motion for preliminary injunction and for declaratory judgment, which this Court interprets as a "stay put" order, [Doc. #24 and #25]. Defendant's response shall be in accordance with the requirements set forth in this Memorandum and Order. Response to Court due by 12/3/2015. Signed by District Judge Stephen N. Limbaugh, Jr on 11/3/15. (CSG)
February 26, 2016
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MEMORANDUM AND ORDER re:30 MOTION to Appoint Counsel filed by Plaintiff John A. Richman, 37 PRO SE MOTION remand to a jail in court's jursidiction or transfer case to Eastern District court filed by Plaintiff John A. Richman, 31 PRO SE MOTION Suppression of Evidence filed by Plaintiff John A. Richman, 24 MOTION for Preliminary Injunction filed by Plaintiff John A. Richman, 25 MOTION for Declaratory Judgment filed by Plaintiff John A. Richman, 28 MOTION for Preliminary Injunction filed by Plaintiff John A. Richman. IT IS HEREBY ORDERED that plaintiff's motions for preliminary injunction and for declaratory judgment [Doc. #24, #25 and #28] are DENIED AS MOOT. IT IS FURTHER ORDERED that plaintiff's motion for suppression of evidence [Doc. #31] is DENIED AS MOOT. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [Doc. #30] is DENIED at this time. IT IS FURTHER ORDERED that plaintiff's motion to remand this case to another court [Doc. #37] is DENIED. IT IS FURTHER ORDERED that plaintiff shall submit a third 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 third 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. (Amended/Supplemental Pleadings due by 3/28/2016.) Signed by District Judge Stephen N. Limbaugh, Jr on 2/26/16. (CSG)
April 6, 2016
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MEMORANDUM AND ORDER (from Case No. 4:16CV368RWS): IT IS HEREBY ORDERED that the Clerk is directed to docket the complaint in this case as an amended complaint in Richman v. Wallace, No. 1:15CV63 SNLJ (E.D. Mo.). IT IS FURTHER ORDERED that the Court's Order directing plaintiff to pay the filing fee in this case is VACATED. IT IS FURTHER ORDERED that the Clerk is directed to administratively terminate this action. Signed by District Judge Rodney W. Sippel on 4/6/16. (copy sent to plaintiff out of Case No. 4:16CV368RWS)(CSG)
September 8, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall issue process on plaintiff's equal protection claim for injunctive relief against the Missouri Department of Corrections through the Court's waiver of service agreement with the Missouri Attorney General's Office.IT IS FURTHER ORDERED that defendant the Missouri Department of Corrections 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 plaintiff's motion for extension of time to file his prison account statement [Doc. #43] is DENIED AS MOOT. Signed by District Judge Stephen N. Limbaugh, Jr on 9/8/16. (CSG)
August 14, 2017
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MEMORANDUM AND ORDER re:51 MOTION to Dismiss Case filed by Defendant Missouri Department of Corrections, 56 MOTION for Preliminary Injunction filed by Plaintiff John A. Richman. IT IS HEREBY ORDERED that defendant's motion to dismiss plaintiff's fourth amended complaint [Doc. #51] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall provide plaintiff with a Prisoner Civil Rights Complaint form. IT IS FURTHER ORDERED that plaintiff shall file 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 plaintiff's motion for preliminary injunction [Doc. #56] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that if plaintiff fails to file an amended complaint within thirty (30) days of the date of this Memorandum and Order, this case will be dismissed. (Amended/Supplemental Pleadings due by 9/13/2017.) Signed by District Judge Stephen N. Limbaugh, Jr on 8/14/17. (CSG)
September 7, 2017
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MEMORANDUM AND ORDER re:61 MOTION to Withdraw as Attorney ;attorney/firm Jeff Spahr filed by Defendant Missouri Department of Corrections, Defendant Ian Wallace. IT IS HEREBY ORDERED that defense counsel Jeffery Spahr's motion to withdraw [Doc. #61] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall issue process on plaintiff's fifth amended complaint. Defendant Anne Precythe, the Director of the Missouri Department of Corrections, shall be served in her individual capacity, in accordance with the waiver agreement the Court maintains with the Missouri Attorney General's Office. IT IS FURTHER ORDERED that pursuant to 42 U.S.C. § 1997e(g)(2), defendant Anne Precythe 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 5: Prisoner Standard. Signed by District Judge Stephen N. Limbaugh, Jr on 9/7/17. (CSG)
December 7, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant's motion to dismiss plaintiff's fifth amended complaint [Doc. #64] is DENIED. IT IS FURTHER ORDERED that plaintiff's conclusory request for summary judgment is DENIED without prejudice. IT IS FURTHER ORDERED that defendant shall file an answer to plaintiff's fifth amended complaint no later than thirty (30) days from the date of this Memorandum and Order.( Response to Court due by 1/8/2018.) Signed by District Judge Stephen N. Limbaugh, Jr on 12/7/2017. (JMC)