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13-2440 - Williams v. Roper et al


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13-2440 - Williams v. Roper et al
July 1, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis is GRANTED. [Doc. 2] IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $2.62 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittancepayable 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 of $2.62 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 plaintiffs First Amendment retaliation claims brought against defendants Daniel Blair, Jason L. Horn, Charles T. Conrad, Shannon R. Clubbs, Phillip G. Comer, Clifton J. Copeland, Willie Forbes, Kevin Culton and Jeremy J. Huffman (also referred to as Hoffman) in their individual capacities. Defendants shall be served through the Courts waiver agreement with the Missouri Attorney Generals Office. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to plaintiffs Fourth Amendment claims brought against defendants Kevin Culton and Christy Hoffman (also referred to as Huffman) in their individual capacities. Defendants shall be served through the Courts waiver agreement with the Missouri Attorney Generals Office. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants Daniel Blair, Jason L. Horn, Charles T. Conrad, Shannon R. Clubbs, Phillip G. Comer, Clifton J. Copeland, Willie Forbes, Kevin Culton and Jeremy J. Huffman (also referred to as Hoffman) shall reply to plaintiffs claims First Amendment retaliation claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. Additionally,defendants Kevin Culton and Christy Hoffman (also referred to as Huffman) shall reply to plaintiffs Fourth Amendment claims within the time provided within 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 Rick Bailey, Eric Dunn, Don Roper, Ian Wallace, Brian Allen and Kay Kline 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 the Clerk shall not issue process or cause process to issue upon the complaint as to plaintiffs claims against defendants in their official capacities, plaintiffs claims against defendants brought pursuant to the Eighth Amendment, plaintiffs claims for conspiracy, and/or plaintiffs claims for violations of his due process rights because, as to these claims, the complaint is legally frivolous or fail to state a claim upon which relief canbe granted, or both. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. An appropriate Order of Partial Dismissal shall accompany this Memorandum and Order.( Initial Partial Filing Fee due by 8/1/2014.) Signed by District Judge Charles A. Shaw on 7/1/14. (JWJ)
August 7, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion for "continuance to respond to the 7-1-14 Memorandum and Order" is DENIED. [Doc. 9] IT IS FURTHER ORDERED that plaintiff's motion for exemption from the full filing fee is DENIED. [Doc. 10] Signed by District Judge Charles A. Shaw on 8/7/14. (KXS)
June 1, 2015
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff Ernest C. Williams's "Objections to Defendants' Motion To Amend 'CMO', and, Plaintiff's Request for Appointment of Counsel", which the Court construes as a motion for appointment of counsel, is DENIED. [Doc. 47] Signed by District Judge Charles A. Shaw on 6/1/15. (KXS)
July 28, 2015
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MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that plaintiffs motion for contempt of court and for a temporary restraining order is DENIED. [Doc. 31] IT IS FURTHER ORDERED that the Clerk of Court shall send a letter to the Missouri Department of Corrections reminding it that funds for federal filing fees should be withdrawn and forwarded to the District Court only when the balance in plaintiffs prisoner account exceeds $10.00 as directed by 28 U.S.C. §1915(b)(2). IT IS FURTHER ORDERED that defendants motion for sanctions, or in the alternative, to dismiss for failure to prosecute is GRANTED to the extent that plaintiff is admonished that he must comply with this Memorandum and Order, the Second Amended Case Management Order, the Courts Local Rules, and the Federal Rules of Civil Procedure. [Doc. 53] IT IS FURTHER ORDERED that plaintiff shall appear for deposition upon receipt of notice as required by Federal Rule of Civil Procedure 30, and he shall answer the questions put to him. Plaintiffs failure to comply with the terms of this Memorandum and Order, the Second Amended Case Management Order, or to follow the applicable rules of discovery shall result in dismissal of his claims with prejudice.. Signed by District Judge Charles A. Shaw on 7/28/2015. (MRC)
August 16, 2016
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MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that defendants Daniel Blair, Shannon R. Clubbs, Phillip G. Comer, Charles T. Conrad, Clifton J. Copeland, Kevin Culton, Willie Forbes, Jason L. Horn, Christy Pashia, and Jeremy J. Huffman's motion for summary judgment is DENIED. (Doc. 82) IT IS FURTHER ORDERED that plaintiff Ernest Cornelius Williams's motion to compel is DENIED without prejudice. (Doc. 68) Signed by District Judge Charles A. Shaw on 8/16/2016. (MRC)
July 19, 2017
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MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that defendants Daniel Blair, Shannon R. Clubbs, Phillip G. Comer, Charles T. Conrad, Clifton J. Copeland, Kevin Culton, Willie Forbes, Jason L. Horn, Christy Huffman, and Jeremy J. Huffman's Motion to Clarify Objections to Writs of Habeas Corpus Ad Testificandum is DENIED as moot. [Doc. 166] Signed by District Judge Charles A. Shaw on 7/19/2017. (MRC)
March 22, 2018
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MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that defendant Christy Pashia's motion for a new trial or, in the alternative, to amend the judgment is GRANTED in part and DENIED in part. Consistent with the terms of this Memorandum and Order, the Court will amend the judgment to award plaintiff $1.00 in nominal damages in lieu of the $500.00 in compensatory damages awarded by the jury. In all other respects, the motion is DENIED. [Doc. 187] IT IS FURTHER ORDERED that plaintiff's counsel's motion for compensation of services and reimbursement of out-of-pocket expenses is GRANTED in the amount of Three Thousand Seven Hundred Eighty-Seven Dollars and Sixty-Three Cents ($3,787.63). [Doc. 192] IT IS FURTHER ORDERED that the Clerk of the Court shall promptly disburse the sum of Three Thousand Seven Hundred Eighty-Seven Dollars and Sixty-Three Cents ($3,787.63) from the Attorney Admission Fee Non- Appropriated Fund, payable to Greensfelder, Hemker & Gale, P.C. The check shall be mailed to: Greensfelder, Hemker & Gale, P.C. c/oDaniel R. Garner 10 South Broadway, Suite 2000 Saint Louis, MO 63102. The Court wishes to express its appreciation to appointed counsel for their efforts on behalf of plaintiff in this case. An amended judgment will accompany this Memorandum and Order.. Signed by District Judge Charles A. Shaw on 3/22/2018. (MRC)