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14-1061 - Blackwell v. Dooley et al


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14-1061 - Blackwell v. Dooley et al
August 11, 2014
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MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. 2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $43.00 within thirty(30) days of the date of this Order.....IT IS FURTHER ORDERED that plaintiff's motion to amend his complaint [Doc. 6] is GRANTED in accordance with the instructions set forth in this Memorandum and Order. IT IS FURTHER ORDERED that plaintiff shall submit an amended complaint on a court-provided form no later than thirty (30) days from the date of this Memorandum and Order. IT IS FURTHER ORDERED that upon submission of the amended complaint, the Court shall review this action pursuant to 28 USC § 1915 for frivolousness, maliciousness and for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Court's Prisoner Civil Rights Complaint form. ( Initial Partial Filing Fee due by 9/10/2014., Response to Court due by 9/10/2014.). Signed by Magistrate Judge Noelle C. Collins on 8/11/2014. (MRC)
November 10, 2014
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OPINION, MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the amended complaint as to the following defendants, in their individual capacities: Dolores Gunn, F. Rottnek, Unknown Wenger and Jane Doe Nurse on Duty on August 1, 2014 between the hours of 1:00 am and 6:00 am. These defendants shall be served through service of summons at the St. Louis County Justice Center. Process shall also be issued as to defendants Gerald Kramer and A. Moore in their individual capacities. These defendants shall be served through service of summons at the St. Louis County Justice Center. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants Dolores Gunn, F. Rottnek, Unknown Wenger, Gerald Kramer, A. Moore and Jane Doe Nurse on Duty on August 1, 2014 between the hours of 1:00 am and 6:00 am shall reply to plaintiffs claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the amended complaint as to defendants Kim Wilbert, Charlie A. Dooley; Garry W. Earls; Herbert Bernsen; Unknown Reed; Unknown Ellis; Unknown Bonner; or Rita Henrix 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 plaintiffs claims against defendants in their official capacities, as these claims fail to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon plaintiffs claims for unlawful interference with his access to courts or for unlawful verbal abuse, as these claims fail to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that plaintiffs motion to adopt Haines v. Kerner, which this Court interprets as a motion for pretrial conference and to add defendants [Doc. #10] is DENIED. IT IS FURTHER ORDERED that plaintiffs supplement to his amended complaint [Doc. #9] is STRICKEN. IT IS FURTHER ORDERED that plaintiffs motion brought pursuant to Rule 18.3006, which this Court interprets as a motion for appointment of counsel, for access to courts and to supplement the amended complaint [Doc. #11] is DENIED. IT IS FURTHER ORDERED that plaintiffs motion brought pursuant to Rule 20 [Doc. #12] is DENIED AS MOOT. 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. Signed by District Judge Henry Edward Autrey on 11/10/14. (KJS)
November 20, 2014
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's motion for extension of time to "respond to all Court documents" [Doc. #15] is DENIED AS MOOT. Signed by Magistrate Judge Noelle C. Collins on 11/20/2014. (NEB)
December 10, 2014
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OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendant Wengers motion to dismiss [Doc. #35] is DENIED. 35 Signed by District Judge Henry Edward Autrey on 12/10/14. (CLA)
December 10, 2014
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d 6:00 am on August 1, 2014." (Response to Court due by 12/31/2014.) Signed by Magistrate Judge Noelle C. Collins on December 10, 2014. (BRP)MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the St. Louis County Counselor's Office shall submit the last known home addresses for defendants Dolores Gunn (former, Director of Health, St. Louis County Justice Center) and A. Moore (Correctional Officer, St. LouisCounty Justice Center) to the Court, under seal and ex parte, no later than twenty-one (21) days from the date of this Order. IT IS FURTHER ORDERED that, within twenty-one days of the date of this Order, the St. Louis County Counselor's Office shall identify, by proper name, and submit to the Court the name and last known home address for the defendant identified by plaintiff as "Jane Doe Nurse on duty at the Justice Center between the hours of 1:00 am an
January 7, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall serve defendant Andrew Moore (reflected as A. Moore on the docket), through service of summons effectuated by the U.S. Marshal's Service, at Mr. Moore's last known address. A copy of the summons shall be filed under seal and shall not be provided to plaintiff. The docket shall be updated to reflect the proper name of defendant Andrew Moore. IT IS FURTHER ORDERED that the docket shall be updated to reflect the proper name for defendants Dolores Gunn and Janet Duwe (f/k/a Jane Doe Nurse). Signed by Magistrate Judge Noelle C. Collins on January 7, 2015. (BRP)
January 7, 2015
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OPINION, MEMORANDUM AND ORDER: HEREBY ORDERED that plaintiff's motion for reconsideration of the Order of Partial Dismissal [Doc. #46] is DENIED. FURTHER ORDERED that plaintiff's motion for extension of time to respond to defendants motion for summary judgment [Doc. #47] is GRANTED INPART. Plaintiff shall respond to defendant Kramer's motion for summary judgmentwithin sixty (60) days of the date of this Memorandum and Order. ( Response to Court due by 3/7/2015.). Signed by District Judge Henry Edward Autrey on 01/07/2015. (CLK)
January 22, 2015
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OPINION, MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that, within thirty (30) days from the date of this Order, plaintiff shall either file a motion to withdraw his interlocutory appeal, or he shall file a certified copy of his prison account statement for the six-month period immediately preceding the 1The Court notes when it does issue a final appealable Order in this case, if plaintiff chooses to appeal, he will again be liable for the $505 appellate filing fee. filing of his notice of appeal on January 20, 2015, and a AMotion to Proceed on Appeal in Forma Pauperis and Affidavit in Support - - Prisoner Cases.IT IS FURTHER ORDERED that if plaintiff chooses to proceed with his interlocutory appeal, and he fails to submit a certified copy of his inmate trust fund account statement and a Motion to Proceed on Appeal in Forma Pauperis and Affidavit in Support - - Prisoner Cases within thirty days from the date of this Order, the Court will order him to pay the full $505 filing and docketing fees for fi ling an appeal. IT IS FURTHER ORDERED that the Clerk shall forward, together with a copy of this Order, a form AMotion to Proceed on Appeal in Forma Pauperis and Affidavit in Support - - Prisoner Cases to plaintiff to complete and return with his certified copy of his inmate trust fund account statement, should he choose to proceed with his interlocutory appeal. Signed by District Judge Henry Edward Autrey on 1/22/15. (KJS)
May 5, 2015
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OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion for reconsideration of the denial of his motion for appointment of counsel [Doc. #95] is DENIED without prejudice. 95 Signed by District Judge Henry Edward Autrey on 5/5/15. (CLA)
May 5, 2015
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs requests for reconsideration of the partial dismissal of several defendants and claims in this action [Doc. #95 and #97] are DENIED. Signed by District Judge Henry Edward Autrey on 5/5/15. (CLA)
May 5, 2015
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OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motions to withdraw his interlocutory appeal [Doc. #76, #88] are GRANTED. 88 76 61 Signed by District Judge Henry Edward Autrey on 5/5/15. (CLA)
July 16, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion for production of documents [Doc. #86] is DENIED without prejudice. Signed by Magistrate Judge Noelle C. Collins on July 16, 2015. (BRP)
July 16, 2015
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiff's motions for copies [Doc. #80 and #85] are GRANTED IN PART AND DENIED IN PART. The Clerk of Court shall provide Plaintiff a copy of his amended complaint and accompanying exhibits. If Plaintiff seeks additional copies from this Court, he must prepay for the copies at a rate of 504 per page. IT IS FURTHER ORDERED that Plaintiffs request for a copy of the Federal Rules of Appellate Procedure [Doc. #96] is DENIED. Signed by Magistrate Judge Noelle C. Collins on 7/16/2015. (NEB)
July 17, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Kramer's Motion for Summary Judgment [Doc. #41] is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motions for Summary Judgment related to defendant Kramer [Doc. #62 and #70] are DENIED. IT IS FURTHER ORDERED that Defendant Duwe's Motion for Summary Judgment [Doc. #53] is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment related to Defendant Duwe [Doc. #68] is DENIED. IT IS FURTHER ORDERED that Defendant Gunn's Motion for Summary Judgment [Doc. #56] is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion related to Defendant Gunn [Doc. #77] is DENIED. Signed by Magistrate Judge Noelle C. Collins on July 17, 2015. (BRP)
July 22, 2015
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiff's motion for production of documents [Doc.103] is DENIED, without prejudice. Signed by Magistrate Judge Noelle C. Collins on 7/22/2015. (NEB)
September 1, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Fred Rottneks Motion for Summary Judgment (Doc. 129) and Defendant Philip Wengers Motion for Summary Judgment (Doc. 133) are GRANTED. IT IS FURTHER ORDERED that Plaintiff Keith Blackwells Motion for Summary Judgment (Doc. 154) is DENIED. IT IS FURTHER ORDERED that any remaining pending motions (Docs. 146, 157) are DENIED, as moot. Signed by Magistrate Judge Noelle C. Collins on 09/01/2016. (KCB)
February 6, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiff shall either pay the $505 appellate filing fee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff submits a motion to proceed in forma pauperis, he must also submit a certified copy of his prison account statement for the six-month period immediately preceding the filing of his notice of appeal. IT IS FURTHER ORDERED that the Clerk shall mail plaintiff a copy of the Court's form "Motion to Proceed in Forma Pauperis - Prisoner Cases." IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will deny in forma pauperis status. (Motion attached) Signed by Magistrate Judge Noelle C. Collins on 02/06/2017. (Attachments: # (1) Attachment)(KCB)