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17-153 - Cornelius v. Holder et al


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17-153 - Cornelius v. Holder et al
February 6, 2018
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MEMORANDUM AND ORDER re:2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Esley D. Cornelius, III, 8 MOTION to Appoint Counsel filed by Plaintiff Esley D. Cornelius, III, 6 MOTION to Appoint Counsel filed by Plaintiff Esley D. Cornelius, III, 10 MOTION to Compel MOTION to Amend/Correct filed by Plaintiff Esley D. Cornelius, III. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $.70 within twenty-one (21) 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 motions for appointment of counsel [Doc. #6 and #8] are GRANTED. IT IS FURTHER ORDERED that plaintiff's motion to supplement his complaint and to compel [Doc. #10] is DENIED without prejudice, given that the Court is appointing counsel in this matter. IT IS FURTHER ORDERED that the Clerk of Court is directed to appoint plaintiff counsel pursuant to the Plan for the Appointment of Pro Bono Counsel. A separate Notice of Appointment of Pro Bono Counsel shall be entered by the Clerk. IT IS FURTHER ORDERED that appointed counsel shall file an amended complaint within sixty (60) days of receipt of a copy of the Court file. IT IS FURTHER ORDERED that upon the filing of the amended complaint, this matter shall be reviewed in accordance with 28 U.S.C. § 1915 for frivolousness, maliciousness and for failure to state a claim upon which relief may be granted. (Initial Partial Filing Fee due by 2/27/2018.) ORDER RE: PRO BONO VOLUNTEER SERVICE PANEL APPOINTMENT. Signed by Magistrate Judge Noelle C. Collins on 2/6/18. (CSG)
April 19, 2018
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RED that this case is assigned to Track 5: Prisoner Standard. An Order of Partial Dismissal will accompany this Memorandum and Order. Signed by District Judge Ronnie L. White on 4/19/18. (CSG)MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to plaintiffs individual capacity claims against defendants Bob Holder and Nicole Green for denial of medical care and delay in medical care in violation of the Eighth Amendment. These individuals shall be served with summons at the Dunklin County Jail.IT IS FURTHER ORDERED that plaintiffs claims against defendants John Does 1-2for denial of medical care and delay in medical care in violation of the Eighth Amendment survive initial review, pursuant to 28 U.S.C. § 1915, however, service cannot be effectuated on these individuals at this time. Plaintiff will be required to provide the Court with the proper names of these John Doe defendants within sixty (60) days of the entry of the Case ManagementOrder in this action so that service may be effectuated. Plaintiffs failure to do so will result in a dismissal of these individuals pursuant to Federal Rule of Civil Procedure 4(m). IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to plaintiffs individual capacity claims against defendants Correctional Officer Ariel Doe and Correctional Officer Alicia Doe for failure to protect plaintiff in violation of the Eighth Amendment. These individuals shall be served with summons at the Dunklin County Jail. IT IS FURTHER ORDERED that plaintiffs claims against defendants Jane Does 1-2 for failure to protect plaintiff in violation of the Eighth Amendment survive initial review, pursuant to 28 U.S.C. § 1915, however, service cannot be effectuated on these individuals at this time. Plaintiff will be required to provide the Court with the proper names of these Jane Doe defendants within sixty (60) days of the entry of the Case Management Order in this action so that service may be effectuated. Plaintiffs failure to do so will result in a dismissal of these individuals pursuant to Federal Rule of Civil Procedure 4(m). IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants Bob Holder, Nicole Green, Alicia Doe and Ariel Doe shall reply to plaintiffs claims within thetime 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 plaintiffs official capacity claims for denial of medical care, delay in medical care or for failure to protect because these claims are legally frivolous or fail tostate a claim upon which relief can be granted, or both. See 28 U.S.C. § 1915( e )(2)(B). IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to plaintiffs failure to train or failure to supervise claims because these claims are legally frivolous or fail to state a claim upon which relief can be granted, or both. See 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDE