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17-029 - Endicott v. Allen et al


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17-029 - Endicott v. Allen et al
May 26, 2017
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MEMORANDUM AND ORDER re: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER 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 plaintiff must file an amended complaint on the Court's form within twenty-one (21) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, theCourt 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). ( Response to Court due by 6/16/2017.) (Order and form mailed to F. Endicott). Signed by Magistrate Judge David D. Noce on 5/26/17. (KKS)
July 25, 2017
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OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk is directed to STRIKE plaintiff Craig Dawdy from this action. IT IS FURTHER ORDERED that the Clerk is directed to open a new case for Dawdy, utilizing the amended complaint (Doc. 9) in the above-captioned case. IT IS FURTHER ORDERED that the Clerk is directed to file Dawdys motion to proceed in forma pauperis (Doc. 4) and certified inmate account statement (Doc. 5) in the new action. (Craig Dawdy terminated.) Signed by District Judge Henry Edward Autrey on 7/25/17. (KJS)
July 27, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff must file a second amended complaint no later than August 16, 2017. IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $16.00 no later than August 16, 2017. 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 the motion of Craig Dawdy for leave to proceed in forma pauperis is DENIED as moot. If plaintiff does not comply with this Order, the Court will dismiss this action without further proceedings. Signed by Magistrate Judge David D. Noce on 7/27/2017. (CLO)
December 21, 2017
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OPINION, MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the second amended complaint pursuant to the service agreement the Court maintains with the Missouri Attorney Generals Office as to defendants Larry Allen, Troy Bartley, Frank Campbell, Travis Case, Sandy Everheart, Catherine Flock, Chantay Godert, Richard Griggs, James Hurley, William Jones, Gil Long, Murry Phillips, Melvina Richardson, Ron White, and Debbie Williams in their official and individual capacities, according to the RLUIPA and First Amendment claims outlined above. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the second amended complaint pursuant to the service agreement the Court maintains with the Missouri Attorney General's Office as to defendants Anne Precythe and Alan Earls in their official capacities according to the RLUIPA claims outlined above. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue the Missouri Department of Corrections because, as to this defendant, the second amended complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. Plaintiff's claims in the second amended complaint against the Missouri Department of Corrections are DISMISED without prejudice. IT IS FURTHER ORDERED that Counts VIII and IX of plaintiff's second amended complaint are DISMISSED without prejudice. An Order of Partial Dismissal will accompany this Memorandum and Order. Signed by District Judge Henry Edward Autrey on 12/21/17. (KXS)
December 21, 2017
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OPINION, MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion requesting class certification and appointment of counsel is DENIED in part and DENIED without prejudice in part. The motion is denied as to plaintiff's request for class certification; the motion is denied without prejudice as to plaintiff's motion to appoint counsel. [ECF No. 6] Signed by District Judge Henry Edward Autrey on 12/21/17. (KXS)