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06-874 - Wheat v. Daniel et al


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06-874 - Wheat v. Daniel et al
July 25, 2006
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint because the complaint is legally frivolous or fails to state a claim upon which relief may be granted or both. IT IS FURTHER ORDERED that plaintiff's motion for court order directing defendant Dana Thompson to provide address for three of the named defendants 2 be DENIED AS MOOT. An appropriate order shall accompany this order and memorandum. Signed by Judge E. Richard Webber on 7/25/06. (BAK, )
August 11, 2006
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's amended motion to alter or amend judgment 11 be GRANTED. IT IS FURTHER ORDERED that plaintiff's motion to alter or amend judgment 10 be DENIED as moot. IT IS FURTHER ORDERED that the Clerk shall provide plaintiff with the forms necessary to effectuate service of process on defendants. IT IS FURTHER ORDERED that, defendants shall respond to the complaint within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERD that, pursuant to this Court's differentiated case management system, this case is assigned to Track 5 (standard prisoner actions) . Signed by Judge E. Richard Webber on 8/11/06. (summons, waivers and notice of process server forms sent to plaintiff on 8/11/06)(BAK, )
March 30, 2007
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ORDER re:56 PRO SE MOTION a Court Order Compelling Defendant Dana Thompson to Provide Plaintiff with all the Discovery Items Requested filed by Charles D. Wheat, Response to Court (See Order) due by 4/13/2007. Signed by Judge E. Richard Webber on 3/30/2007. (JMW)
April 10, 2007
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ORDER - This matter comes before the Court upon Defendants' April 9, 2007 submission of documents for in camera review (related to Plaintiff's parole file) and Defendants' Motion to Stay Discovery 78. After careful consideration, the Court makes the following rulings: Defendants shall produce the following documents in Plaintiff's parole file: Document entitled "Memorandum" (from Cameron Daniel to Classification Team/Probation & Parole), dated August 28, 1989. Document entitled "Psychiatric Evaluation," dated November 6, 1989. All other documents Plaintiff requests in his Motion to Compel 56 are subject to the statutory privilege of the Missouri Board of Probation and Parole, Sec. 549.500 R.S. Mo. The parole board has invoked its statutory right to deny Plaintiff access to the documents for his inspection. At this time, the Court believes that Plaintiff has presented insufficient evidence to warrant reversal of the board's decision. Defendants shall make production in accordance with this Order no later than April 20, 2007. IT IS FURTHER ORDERED that Defendants' Motion For Stay of all Discovery Pending Ruling Defendants' Motions To Dismiss 78 is GRANTED. All Discovery shall be stayed until the Court rules on Defendants' pending Motions to Dismiss. Signed by Judge E. Richard Webber on 4/10/2007. (JMW)
September 18, 2007
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MEMORANDUM AND ORDER. ORDERED that Defendants Daniel, Thompson, Newsom and Clark's Motion to Dismiss 30 is DENIED. FURTHER ORDERED that Defendant Steve Long's Motion to Dismiss 41 is GRANTED. FURTHER ORDERED that Defendant Donna White's Motion to Dismiss 72 is DENIED. FURTHER ORDERED that Plaintiff's Motion to Compel Responses to Plaintiff's First Set of Interrogatories 80 is DENIED as moot. FURTHER ORDERED that Plaintiff's Motion to Compel Defendants to Produce Additional Evidence 82 is DENIED as moot. FURTHER ORDERED that Plaintiff's Motion Requesting that Defendant Bruce Harry be Served with the Summons and a Copy of the Complaint 86 is GRANTED. Due to Plaintiff's incarceration, the Clerk's Office shall effect service of Process for Plaintiff in this matter upon receipt of Plaintiff's Amended Complaint. FURTHER ORDERED that Plaintiff's Motion for Leave to Amend 87 is GRANTED. Plaintiff shall file an Amended Complaint with this Court no later than October 9, 2007. FURTHER ORDERED that Plaintiff's Motion to the Court to Rescind its Order Granting Defendants' Motion to State Discovery 95 is DENIED as moot. Signed by Judge E. Richard Webber on 9/18/07. (KLH, Response to Court due by 10/9/2007.)
December 5, 2007
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Amended Motion for Leave to Amend the Claims Against Defendants Daniel, Clark, Newson, White, Thompson, Mitchell, and Harry; and Add Two Newly Discovered Claims and Eight Defendants 112 is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion to Requesting that Eight Defendants be Served With a Summons and Copy of the Second Amended Complaint 108 is GRANTED. Due to Plaintiff's incarceration, the Clerk's Office shall effect service of Process for Plaintiff in this matter. Signed by Honorable E. Richard Webber on 12/5/07. (BAK)
March 7, 2008
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MEMORANDUM AND ORDER re: 147 MOTION to Appoint Counsel filed by Plaintiff Charles D. Wheat. IT IS HEREBY ORDERED that Plaintiff must respond to Defendant's interrogatories by March 28, 2008. IT IS FURTHER ORDERED that the Government must submit the psychiatric reports, interrogatories, and their objections to these interrogatories by March 28, 2008. IT IS FURTHER ORDERED that upon review of the record, the Court finds that Plaintiff has failed to file a Response to the Motion to Dismiss [doc. #143] filed by DefendantRobin Thorne on February 8, 2008. Plaintiff shall show cause, no later than March 28, 2008, why Defendant Thorne's Motion should not be granted. IT IS FURTHER ORDERED that Plaintiff's Motion for Appointment of Counsel [doc.#147] is DENIED, at this time, with leave to refile at a later date. Show Cause Response due by 3/28/2008. Signed by Honorable E. Richard Webber on 3/7/08. (RJD)
June 30, 2008
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MEMORANDUM AND ORDER. ORDERED that Defendants Cameron Daniel, Marie Clark, Steve Long, Robert Newsom, Dana Thompson, Donna White, Valerie Lee, and Ellis McSwain's Motion to Dismiss Plaintiff's Second Amended Complaint 158 is GRANTED. All of Plaintiff's claims are to be dismissed, without prejudice. FURTHER ORDERED that in any future filings Plaintiff makes in the Eastern District of Missouri, Plaintiff must: (1) disclose all actions filed by Plaintiff in the Eastern or Western District of Missouri, and (2) disclose all actions filed by Plaintiff in any state or federal court concerning all Defendants named in the pending action. FURTHER ORDERED that Defendant's Request for Production of Plaintiff for Examination and for Oral Argument 174 is DENIED, as moot. FURTHER ORDERED that Plaintiff's Motion to Compel Defendants Robert Newsom and Dana Thompson to Provide Plaintiff with his Discovery Requests 152 is DENIED, as moot. FURTHER ORDERED that Plaintiff's Motion for the Court to Order Defendants to Produce Evidence they were Previously Ordered to Produce in this Case But Did Not 151 is DENIED, as moot. FURTHER ORDERED that Defendant White's Motion to Dismiss 143 is DENIED, as moot. FURTHER ORDERED that Plaintiff's Motion Requesting that Four Defendants be Served with Summons and Copy of the Third Amended Complain by a United States Marshall, Deputy United States Marshall, or Other Person or Officer Specifically Appointed by the Court for that Purpose 130 is DENIED, as moot. FURTHER ORDERED that Plaintiff's Motion for Leave to Amend the Current Four Claims Against Defendants Daniel, Clark, Newsom, White, Thompson, Mitchell, Harry and Thorne; And Add Another Claim and Four Defendants to his Civil Rights Complaint 129 is DENIED, as moot. FURTHER ORDERED that Plaintiff's Motion to Compel Defendants Cameron Daniel and Cranston Mitchell to Cooperate in Discovery 126 is DENIED, as moot. FURTHER ORDERED that and Plaintiff's Motion to Compel Discovery 119 is DENIED, as moot. Signed by Honorable E. Richard Webber on 6/30/08. (KLH)
July 18, 2008
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MEMORANDUM AND ORDER re: 185 MOTION to Alter Judgment filed by Plaintiff Charles D. Wheat. IT IS HEREBY ORDERED that Plaintiff's Motion to Alter or Amend Judgment [doc. #185] is DENIED. Signed by Honorable E. Richard Webber on 7/18/08. (RJD)