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18-001 - Rector v. Stamps et al


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18-001 - Rector v. Stamps et al
March 23, 2018
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OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $34.31 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 fails to pay the initial partial filing fee within thirty (30) days of the date of this Order, then this case will be dismissed without prejudice.IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendants Lisa Pogue in her official capacity, Dr. Ruanne Stamps in her individual capacity, and Dean Minor in his official capacity. Lisa Pogue and Dean Minor, who are employed by the Missouri Department of Corrections, shall be served through the Courts waiver of service agreement with the Missouri Attorney Generals Office. Dr. Ruanne Stamps is employed by Corizon, Inc., and she shall be served through the service agreement the Court maintains with Corizon, Inc. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. ยง 1997e(g)(2), defendants Lisa Pogue, Dr. Ruanne Stamps and Dean Minor shall reply to plaintiff's claims within the time 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 claims against Dr. Ruanne Stamps for deliberate indifference to his serious medical needs in her official capacity because, as to these claims, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to plaintiffs claims against Lisa Pogue under the ADA in her individual capacity because, as to these claims, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both.IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to plaintiffs claims against Dean Minor under the Eighth Amendment in his individual capacity because, as to these claims, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to plaintiffs claims against Unknown Corrections Officers/Custody Staff MCC because, as to these claims, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that this case is assigned to Track 5: Prisoner Standard. An Order of Partial Dismissal will accompany this Memorandum and Order.2 Signed by District Judge Henry Edward Autrey on 3/23/18. (CLA)
May 9, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to "cease and desist" [Doc. #11] is DENIED. IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $34.31 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 plaintiff's failure to timely pay the initial partial filing fee will result in the dismissal of this case. Signed by Magistrate Judge Noelle C. Collins on May 9, 2018. (BRP)