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13-1745 - Phillips v. Hurley et al


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13-1745 - Phillips v. Hurley et al
September 25, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants Janet Wilson, Marsha Kiel, Amber Grote, Donna Kearse, Dana Jost, and Unknown Hagerty are DISMISSED without prejudice, because they are not properly joined in this action under Rule 20(a)(2) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that, as to the John Doe defendants and Warden James Hurley, the Clerk shall not issue process or cause process to issue upon the complaint, because the allegations are legally frivolous and fail to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED that the Clerk of Court shall docket this case as Roy Phillips v. James Hurley, John Does ("unknown committee members and other staff" at NECC), Janet Wilson, Marsha Kiel, Amber Grote, Donna Kearse, Dana Jost, and Unknown Hagerty. A separate Order of Dismissal will accompany this Memorandum and Order. Signed by District Judge Stephen N. Limbaugh, Jr on 9/25/13. (CSG)
September 9, 2014
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MEMORANDUM AND ORDER re:19 MOTION to Dismiss Party filed by Defendant James Hurley, Defendant Amber Grote, Defendant John Hagerty, Defendant Marsha Kiel, 17 MOTION to Dismiss Party filed by Defendant Larry Allen, Defendant Kristin Cutt, Defendant James Hurley, Defendant Tyree Butler, 18 MOTION to Dismiss Party filed by Defendant James Hurley. IT IS HEREBY ORDERED that the motion of defendants Hurley, Butler, Cutt, and Allen (ECF # 17) is GRANTED as set forth herein and judgment is entered in favor of defendants as to Count I of plaintiff's amended complaint. IT IS FURTHER ORDERED that defendant Hurley's motion to dismiss Count II of the amended complaint (ECF #18) is DENIED in part and GRANTED in part as set forth herein. The motion is GRANTED only to the extent plaintiff alleges violations of the Missouri constitution as a basis for his § 1983 claim. IT IS FINALLY ORDERED that the motion to dismiss of defendants Kiel, Grote, Hagerty, and Hurley (ECF #19) as to Count III of the amended complaint is DENIED in part and GRANTED in part. The motion is DENIED as to defendants Kiel, Grote, and Hurley and GRANTED as to defendant Hagerty. Further, the motion is GRANTED to the extent plaintiff alleges violations of the Missouri constitution as a basis for his § 1983 claim. As the sole claim against defendant Hagerty is alleged in Count III of the amended complaint, plaintiff's claim against defendant Hagerty is DISMISSED. Signed by District Judge Stephen N. Limbaugh, Jr on 9/9/14. (CSG)
March 24, 2015
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MEMORANDUM AND ORDER re:50 MOTION to Set Aside Order/Judgment of Interlocutory Partial Summary Judgment filed by Plaintiff Roy Phillips, 52 MOTION to Amend/Correct 9 Amended Complaint, filed by Plaintiff Roy Phillips, 51 MOTION to Add Party filed by Plaintiff Roy Phillips. IT IS HEREBY ORDERED that the plaintiff's motion to set aside partial summary judgment (ECF # 50) is GRANTED as set forth herein.IT IS FURTHER ORDERED that plaintiff's motion to add party defendants (ECF #51) is DENIED. IT IS FINALLY ORDERED that plaintiff's motion for leave to amend the first amended complaint (ECF #52) is GRANTED in part and DENIED in part as set forth herein. The motion is GRANTED only to the extent that plaintiff is granted leave to add a claim of injunctive relief against defendant Hurley on the claim in the first amended complaint for failure to replace broken eye glasses. In all other respects, the motion is DENIED. The filing of the proposed second amended complaint is DENIED. Plaintiff may file a second amended complaint that is consistent with the Court's prior orders and this memorandum and order within seven days. Signed by District Judge Stephen N. Limbaugh, Jr on 3/24/15. (CSG)
May 20, 2015
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MEMORANDUM AND ORDER re:60 MOTION for Reconsideration re 59 Memorandum & Order, MOTION to Dismiss Case Without Prejudice filed by Plaintiff Roy Phillips; motion is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 5/20/15. (CSG)
August 18, 2016
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ephen N. Limbaugh, Jr on 8/18/16. (CSG)MEMORANDUM AND ORDER re:78 First MOTION for Summary Judgment filed by Defendant Larry Allen, Defendant Kristin Cutt, Defendant James Hurley, Defendant Amber Grote, Defendant Tyree Butler, Marsha Kiel. IT IS HEREBY ORDERED that defendants' motion for summary judgment (#78) is GRANTED.IT IS FURTHER HEREBY ORDERED that judgment is entered in favor of defendants and against plaintiff. A separate judgment shall accompany this Memorandum and Order. Signed by District Judge St