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07-964 - Ballard v. Warren County Detention Facility et al


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07-964 - Ballard v. Warren County Detention Facility et al
June 4, 2007
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis 2 is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $3.33 within 30 days of the date of this Order. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint within 30 days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this case shall be dismissed. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint because the Court has ordered plaintiff to file an amended complaint. Response to Court due by 7/4/2007. Signed by Judge E. Richard Webber on 6/4/07. (BAK, )
July 31, 2007
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendants Dalton and Sims. IT IS FURTHER ORDERED that defendants Dalton and Sims shall reply to plaintiff's claims within the time provided by the applicable provisions of Rule 12(a). IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants Warren County Detention Facility, Anthony Barber, Kevin Harrison, Joel Anderson, Scott Schoenfeld, Doug Stonebarger, James Whiteside, and Michael Wright because, as to these defendants, the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that Mona Ballard is DISMISSED as party plaintiff. Motion for Appointment of Counsel 24 is DENEID, as moot. IT IS FURTHER ORDERED that plaintiffs' Motion for Temporary Restraining Order 21 is DENIED. IT IS FURTHER ORDERED that plaintiff's Motion for Appointment of Counsel 20 is DENIED, at this time, with leave to refile at a later date. IT IS FURTHER ORDERED that this case is assigned to Track 5B. An appropriate order of partial dismissal shall accompany this Memorandum and Order. Signed by Judge E. Richard Webber on 7/31/07. (BAK, )
November 14, 2007
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Judge Dalton's Motion to Dismiss 41 is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion for leave to Remove Defendant from Complaint 6, Plaintiff's Motion for Leave to Incorporate Defendants 16, Plaintiff's Motion to Appoint Counsel 28, Plaintiff's Motion for Temporary Restraining Order 29, Plaintiff's Motion for Permanent Injunction 30, Plaintiff's Motion for Preliminary Injunction 31, Plaintiff's Motion to Certify Class 32 and Plaintiff's Motion for Reconsideration re Order of Part6ial Dismissal 34 are DENIED. IT IS FURTHER HEREBY ORDERED that Mr. Ballard has failed to file a Response to the Motion for Summary Judgment 50 filed by Defendant Kim Syms on 10/19/07. Mr. Ballard shall show cause, no later than 11/26/07 why Defendant's Motion for Summary Judgment should not be granted. Failure to comply with this order may result in dismissal of this claim. Show Cause Response due by 11/26/2007. Signed by Judge E. Richard Webber on 11/14/07. (BAK, )
January 17, 2008
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant's Motion for Summary Judgment 50 is GRANTED. IT IS FURTHER ORDERED that Defendant's Motion to Dismiss Party 55 is denied as MOOT. Signed by Honorable E. Richard Webber on 1/17/08. (BAK)