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06-810 - Allen v. St. Louis, Missouri, The City of et al


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06-810 - Allen v. St. Louis, Missouri, The City of et al
August 4, 2006
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e is for an original proceeding. FURTHER ORDERED that the Clerk shall not issue process or cause process to issue in the action as to defts' the City of St. Louis, St. Louis Department of Corrections, Samuel L. Simons, and Francis G. Slay, because the complaint and amended complaint are legally frivolous and/or fail to state a claim upon which relief may be granted. See 28 U.S.C. 1915(e)(2)(B). FURTHER ORDERED that, as to defts' Unknown McMorris, Tyler Ball, Unknown Brown, and Alice Buckingham, the Clerk shall issue process or cause process to issue upon the complaint and amended complaint. FURTHER ORDERED that pursuant to 42 U.S.C. 1997e(g)(2), defts' Unknown McMorris, Tyler Ball, Unknown Brown, and Alice Buckingham shall reply to the complaint and amended complaint within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. FURTHER ORDERED that, pursuant to this Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions). An appropriate order shall accompany this order and memorandum.. Signed by Judge Stephen N. Limbaugh on 8/4/06. (LGK, )MEMORANDUM AND ORDER re:1 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Dennis Allen, motion is granted. FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $13.62 within 30 days from the date of this order. Plaintiff is instructed to make his remittance payable to "Clerk, United States Disrict Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittanc
January 19, 2007
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ORDER -- IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (#31) be and is DENIED. FURTHER ORDERED that Defendant's Motion to Dismiss (#17) be and is DENIED as moot . Signed by Judge Stephen N. Limbaugh on 1/19/07. (KCM, )
March 12, 2008
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MEMORANDUM - In accordance with the preceding analysis, the Court finds as follows: IT IS HEREBY ORDERED that Defendants motion for summary judgment be, and is, HEREBY GRANTED IN PART. Plaintiffs Counts Two (II) and Four (IV) shall be DISMISSED as they relate to Defendants Brown, Ball, and Buckingham. Plaintiffs Count Five (V), Six (VI), Seven (VII), and Eight (VIII) shall be DISMISSED in their entirety. IT IS FURTHER ORDERED that Defendants motion for summary judgment be, and is, HEREBY DENIED IN PART. Counts One (I),FN8 Two (II), Three (III), and Four (IV) asagainst Defendant McMorris only, shall survive summary judgment. Signed by Honorable Stephen N. Limbaugh on 3/12/08. (LAH, )