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18-047 - Irving v. Wells et al


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18-047 - Irving v. Wells et al
March 5, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the Court's prisoner civil rights complaint form. IT IS FURTHER ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to proceed in forma pauperis form for prisoners. IT IS FURTHER ORDERED that plaintiff must file an amended complaint on the Court's form within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that plaintiff must 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 files a motion to proceed in forma pauperis, he must also file a certified copy of his prison account statement for the six-month period preceding the filing of the 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 for non-compliance with this Order, the dismissal will not count as a "strike" under 28 U.S.C. ยง 1915(g). Amended/Supplemental Pleadings due by 4/4/2018. Signed by Magistrate Judge John M. Bodenhausen on 3/5/2018. (JMC)
June 11, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis is GRANTED. [ECF No. 7] IT IS FURTHER ORDERED that plaintiffs pro se motion for directive "order" to provide inmate account statement is DENIED as moot. [ECF No. 8] IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $1.70 within twenty-one (21) days of the date of this Order. Plaintiff is instructed to make his remittancepayable 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 of Court shall issue process or cause process to issue upon the complaint as to defendants [Unknown] Wells, Lorene Armstrong, Travis Wilhite, and Alex Clinton. IT IS FURTHER ORDERED that defendants Unknown Wells, Lorene Armstrong, Travis Wilhite, and Alex Clinton shall respond to plaintiff's amended complaint and his motion for temporary restraining order within the time provided by the applicable provision of Federal Rule of Civil Procedure 12(a) and the Local Rules of the United States District Court for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Clerk of Court shall not issue process or cause process to issue upon the complaint as to defendants Jason Lewis, Timothy Hartness, Timothy Seabaugh, Becky Neal, Joshua Carter, Anne Precythe, and Paula Reed because, as to these defendants, the complaint is legally frivolous or fails to state a claim upon which relief can begranted, or both. An appropriate Order of Partial Dismissal shall accompany this Memorandum and Order. ( Initial Partial Filing Fee due by 7/2/2018.). Signed by District Judge Stephen N. Limbaugh, Jr on 6/11/2018. (JMC)
June 25, 2018
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk of Court shall resend to plaintiff copies of the Court's Memorandum and Order and Order of Partial Dismissal dated June 11, 2018 (ECF Nos. 12 and 13) along with a copy of this Memorandum and Order. IT IS FURTHER ORDERED that the Clerk of Court shall resend copies of the Courts Memorandum and Order and Order of Partial Dismissal dated June 11, 2018 (ECF Nos. 12 and 13) and a copy of this Memorandum and Order to Office of Missouri Attorney General, Litigation Division, Post Office Box 899, Jefferson City, Missouri 65102. IT IS FURTHER ORDERED that the Attorney General shall respond on behalf of defendants Wells, Wilhite, Clinton, and Armstrong to plaintiff's motion for temporary restraining order and "motion requesting immediate and effective binding actions against defendant to halt retaliations and conspiring to harm" within seven (7) days of the date of this Memorandum and Order. IT IS FURTHER ORDERED that if defendants to not file responses to plaintiff's motions as directed, the Court will issue orders on plaintiff's motions without the benefit of any response from defendants. Response to Court due by 7/2/2018. Signed by District Judge Stephen N. Limbaugh, Jr on 6/25/2018. (JMC)
July 27, 2018
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MEMORANDUM AND ORDER re:9 MOTION for Temporary Restraining Order filed by Plaintiff William E. Irving, 28 MOTION for Extension of: Time to Pay Filing Fee filed by Plaintiff William E. Irving, 23 MOTION to Appoint Counsel filed by Plaintiff William E. Irving, 27 MOTION to Supplement 9 MOTION for Temporary Restraining Order filed by Plaintiff William E. Irving, 15 PRO SE MOTION Requesting Immediate and Effective Binding Actions Against Defendant to Hault Retaliations and Conspiring to Harm filed by Plaintiff William E. Irving. IT IS HEREBY ORDERED that plaintiff's motion for temporary restraining order is DENIED. [ECF No. 9] IT IS FURTHER ORDERED that plaintiff's pro se motion requesting immediate and effective binding actions against defendant to halt retaliations and conspiring harm is DENIED. [ECF No. 15] IT IS FURTHER ORDERED that plaintiff's motion to appoint counsel is DENIED without prejudice. [ECF No. 23] IT IS FURTHER ORDERED that plaintiff's motion to supplement his motion for temporary restraining order and notice of hunger strike is DENIED. [ECF No. 27] IT IS FURTHER ORDERED that plaintiff's motion for an extension of time to pay the filing fee is GRANTED. [ECF No. 28] Plaintiff shall have until August 30, 2018 to pay his initial partial filing fee. (Initial Partial Filing Fee due by 8/30/2018.) Signed by Magistrate Judge John M. Bodenhausen on 7/27/18. (CSG)