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18-053 - Overbey v. Yoder et al


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18-053 - Overbey v. Yoder et al
March 16, 2018
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OPINION MEMORANDUM re:2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Corey Overbey, 4 MOTION for Temporary Restraining Order filed by Plaintiff Corey Overbey. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff must 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 all proceedings in this case are STAYED pending final disposition of the criminal charges pending against plaintiff in State v. Overbey, No. 17CG-CR01703-01 (32nd Judicial Circuit, Cape Girardeau County). IT IS FURTHER ORDERED that plaintiff shall notify the Court in writing concerning the final disposition of the criminal charges pending against him in State v. Overbey, No. 17CG-CR01703-01 (32nd Judicial Circuit, Cape Girardeau County). IT IS FURTHER ORDERED that this case is ADMINISTRATIVELY CLOSED pending final disposition of the criminal charges against plaintiff, and may be reopened by plaintiff's filing of a motion to reopen the case after such final disposition. IT IS FURTHER ORDERED that plaintiff's motion for preliminary injunction [Doc. #4] is DENIED at this time. Signed by District Judge Henry Edward Autrey on 3/16/18. (CSG)
April 17, 2018
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OPINION MEMORANDUM re:7 MOTION to Reopen Case filed by Plaintiff Corey Overbey, 6 PRO SE MOTION To Waive Filing Fee filed by Plaintiff Corey Overbey. IT IS HEREBY ORDERED that plaintiff's motion to reopen this matter [Doc. #7] is DENIED. IT IS FURTHER ORDERED that plaintiff's motion to waive the initial partial filing fee of $1.00 [Doc. #6] is GRANTED. Plaintiff will not be required to pay a filing fee in this action at this time. IT IS FURTHER ORDERED that all proceedings in this case are STAYED pending final disposition of the criminal charges pending against plaintiff in State v. Overbey, No. 17CG-CR01703-01 (32nd Judicial Circuit, Cape Girardeau County). IT IS FURTHER ORDERED that plaintiff shall notify the Court in writing concerning the final disposition of the criminal charges pending against him in State v. Overbey, No. 17CG-CR01703-01 (32nd Judicial Circuit, Cape Girardeau County). IT IS FURTHER ORDERED that this case will remain ADMINISTRATIVELY CLOSED pending final disposition of the criminal charges against plaintiff, and may be reopened by plaintiff's filing of a motion to reopen the case after such final disposition of his criminal action, as well as all appeal and post-conviction proceedings. Signed by District Judge Henry Edward Autrey on 4/17/18. (CSG)