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16-071 - Watson et al v. Witty et al


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16-071 - Watson et al v. Witty et al
December 2, 2016
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OPINION, MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $62.28 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 plaintiffs motions to supplement his complaint [Doc. #5, #6, #7, #8, #10, #11, #12] are DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that plaintiffs request for specific injunctive relief relating to an order from this Court to mandate Corizon to provide plaintiff with specific pain medications on an automatic chronic care renewal process is [Doc. #13] DENIED WITHOUT PREJUDICE at this time.IT IS FURTHER ORDERED that plaintiff shall file an amended complaint in this action within thirty (30) days of the date of this Memorandum and Order. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a Prisoner Civil Rights Complaint form. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Memorandum and Order, plaintiffs action will be dismissed, without prejudice. Signed by District Judge Henry Edward Autrey on 12/2/16. (Sent plt a copy of the Prisoner Civil Rights Complaint form)(KJS)
March 9, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall issue process on the following individuals in their individual capacity pursuant to the service agreement the Court maintains with Corizon: Dr. Aschok Chada; Dr. Paul Jones and Cathy Barton for an alleged deliberate indifference to plaintiffs serious medical needs in violation of the Eighth Amendment relative to plaintiffs back and leg issues. Defendants shall answer plaintiffs claims relative to Count I of his amended complaint. No other claims shall issue with respect to these defendants. IT IS FURTHER ORDERED that the Clerk shall not issue process on the following Corizon employees: Karey Witty, Ralf Sulke, Geeneen Wilhite, or Renee Tradaro. The claims in plaintiffs amended complaint against these individuals are subject to dismissal. The claims against Corizon, LLC are also subject to dismissal. IT IS FURTHER ORDERED that the Clerk shall issue process pursuant to the waiver of service agreement the Court maintains with the Missouri Attorney Generals Office on: Lisa Pogue, Michelle Buckner and Correctional Officer Allen, relative to plaintiffs claims pursuant to the Americans with Disability Act violations which allegedly occurred at SCCC and MCC. Defendant Pogue shall answer the claims encompassed in Counts II and III of plaintiffs amended complaint. Defendant Buckner shall answer the claims set forth in Count II in plaintiffs amended complaint. Defendant Allen shall answer the claims set forth in Count IV of plaintiffs amended complaint. No other claims shall issue with respect to these defendants. IT IS FURTHER ORDERED that no claims shall issue on MDOC employees: Dean Minor, George Lombardi, Michael Bowersox, Matt Sturmm, or Deloise Williams. The claims in plaintiffs amended complaint against these individuals are subject to dismissal. IT IS FURTHER ORDERED that plaintiffs request for injunctive relief relating to his request for the Court to order new construction at Moberly Correctional Center [Doc. #16] is DENIED WITHOUT PREJUDICE at this time. IT IS FURTHER ORDERED that plaintiffs requests for injunctive relief for a Court Order for automatic renewal of his Omeprazole [Doc. #21, #24 and #25] are DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that plaintiffs request for injunctive relief enjoining MCC from scheduling dispensing medications during meal times [Doc. #26] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that plaintiffs request for injunctive relief seeking to restrict defendants from enforcing the food visit policies against him at Moberly [Doc. #28] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that plaintiffs request for injunctive relief seeking to restrict defendants from threatening him with removal from the law library at MCC and with the disciplinary sanction of Ad-Seg [Doc. #29] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the following declarations filed by plaintiff, offered as supplements to his amended complaint or exhibits to the record [Doc. #18, #19, #20, #22, #23, #27, #30, #31, #32, #33, #34, #35, #36, #37, #38 and #39] are STRICKEN. An Order of Partial Dismissal shall accompany this Memorandum and Order. Signed by District Judge Henry Edward Autrey on 3/9/17. (KJS)
March 20, 2017
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OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel [Doc. #17] is DENIED without prejudice. Signed by District Judge Henry Edward Autrey on 3/20/17. (KJS)
March 20, 2017
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OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs declarations [Doc. #44 and #45] are STRICKEN from the Court record. IT IS FURTHER ORDERED that the Clerk shall not accept any additional stand- alone declarations from plaintiff in this case. If plaintiff attempts to file any additional stand-alone declarations with this Court that are not attached to a motion or pleading they shall be returned to plaintiff forthwith. IT IS FURTHER ORDERED that plaintiffs motion for injunctive relief [Doc. #46] is DENIED. IT IS FURTHER ORDERED that an appeal of the denial of his motion for injunctive relief would not be taken in good faith. Signed by District Judge Henry Edward Autrey on 3/20/17. (KJS)
April 12, 2017
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OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motions to amend his complaint [Doc. #50 and #56] are DENIED. IT IS FURTHER ORDERED that plaintiffs motion for reconsideration of the denial of his request for injunctive relief relative to his food visitation rights [Doc. #54] is DENIED.IT IS FURTHER ORDERED that plaintiffs request to interfere with his wifes probation officers policy refusing to allow her to see him at the prison is DENIED. IT IS FURTHER ORDERED that the declarations and the IRR filed as stand-alone documents in violation of this Courts prior Orders [Doc. #49 and #53] are STRICKEN from the Court record. IT IS FURTHER ORDERED that plaintiffs motion for injunctive relief [Doc. #55] is DENIED. IT IS FURTHER ORDERED that plaintiffs request for recusal is DENIED. IT IS FURTHER ORDERED that plaintiffs motion to proceed in forma pauperis on appeal [Doc. #58] is GRANTED.IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $66.37 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 if plaintiff wishes to withdraw his Notice of Interlocutory Appeal without paying the appellate filing fee he must do so within fifteen (15) days of the date of this Memorandum and Order.IT IS FURTHER ORDERED that an appeal of the denial of his motion for injunctive relief would not be taken in good faith. 58 53 54 40 49 55 56 50 Signed by District Judge Henry Edward Autrey on 4/12/17. (CLA)
May 11, 2017
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OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion to clarify his notice of appeal is [Doc. #63] GRANTED IN PART. The Court takes judicial notice that plaintiff seeks to appeal all Orders from this Court denying his requests for injunctive relief and all Orders striking his stand-alone declarations. IT IS FURTHER ORDERED that this Court DENIES plaintiffs request for an extension of time to file his Notice of Appeal to the extent he is seeking one in order to encompass any additional Court Orders. IT IS FURTHER ORDERED that this Court will not stay this action during the pendency of plaintiffs interlocutory appeal with the Eighth Circuit Court of Appeals. Signed by District Judge Henry Edward Autrey on 5/11/17. (KJS)
June 13, 2017
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's motion to accept relevant evidence to the proceedings [Doc. # 72] is GRANTED. The Court takes judicial notice that evidence related to the identification of defendant Correctional Officer Allen is contained in the Disciplinary Action Report attached to plaintiff's motion. IT IS FURTHER ORDERED that defense counsel, Assistant Attorney General Jeffrey Spahr, shall respond to the Court no later than fifteen (15) days of the date of this Memorandum and Order, and state whether counsel is able to properly identify defendant Correctional Officer Allen, through the assistance of the Disciplinary Action Report provided by plaintiff in Docket No. 72. IT IS FURTHER ORDERED that if defense counsel, Assistant Attorney General Jeffrey Spahr, is able to properly identify defendant Correctional Officer Allen, he shall provide the Court, within fifteen (15) days of the date of this Memorandum and Order, defendant Allen's first name, so that the Court may properly serve defendant Allen through the waiver agreement this Court maintains with the Missouri Attorney General's Office. IT IS FURTHER ORDERED that if Officer Allen is no longer employed by the Missouri Department of Corrections, counsel shall provide to the Court, under seal, within fifteen (15) days of the date of this Memorandum and Order, the last known home address for defendant Allen so that service may be effectuated on defendant Allen through summons. Signed by Magistrate Judge Patricia L. Cohen on 6/13/2017. (CBL)
February 21, 2018
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OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion for injunctive relief [Doc. #111] is DENIED. IT IS FURTHER ORDERED that plaintiffs motions for discovery [Doc. #83, #86, and #90] are DENIED as premature as discovery has not yet commenced in this action. IT IS FURTHER ORDERED that plaintiffs motions to accept relevant evidence, and to accept stand-alone declarations and to accept newly discovered evidence [Doc. #80, #82, #84, #94, #96, #100, #102 and #121] are STRICKEN FROM THE COURT RECORD. IT IS FURTHER ORDERED that if plaintiff chooses to file frivolous supplements, declarations supporting frivolous motions, motions to accept evidence, motions for discovery when discovery has not yet been commenced, affidavits in support and motions to amend by interlineation, this Court WILL DISMISS THIS ACTION AS A SANCTION pursuant to Fed.R.Civ.P.41. IT IS FURTHER ORDERED that plaintiffs motions to amend his complaint by interlineation or supplementation [Doc. #78, #82, #84 and #121] are DENIED. IT IS FURTHER ORDERED that plaintiffs motion to accept service of process [Doc. #121] is DENIED as service has already been effectuated on all proper defendants in the amended complaint in this action. IT IS FURTHER ORDERED that an appeal from this Memorandum and Order would not be taken in good faith. Signed by District Judge Henry Edward Autrey on 2/21/18. (KJS)
February 21, 2018
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OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendants Dr. Ashok Chada, Dr. Paul Jones and Katherine Bartons motion for summary judgment [Doc. #91] is GRANTED. IT IS FURTHER ORDERED an appeal of this grant of summary judgment would not be made in good faith. A separate Order of Partial Judgment will accompany this Memorandum and Order. Signed by District Judge Henry Edward Autrey on 2/21/18. (KJS)