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14-1474 - Barnett v. Missouri Department of Corrections et al


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14-1474 - Barnett v. Missouri Department of Corrections et al
October 23, 2014
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that plaintiff's motion to compel [ECF No. 4] is DENIED. IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $1 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable 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 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. Defendants shall be served according to the waiver agreement the Court maintains with the Missouri Attorney General's Office. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. Section 1997e(g)(2), defendants shall reply to plaintiff's claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IF IS FURTHER ORDERED that plaintiff's Section 1983 claims for monetary damages against MDOC and the other named defendants in their official capacities are subject to dismissal because these claims are legally frivolous or fail to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that plaintiff's ADA claim against defendants in their individual capacities are subject to dismissal because these claims are legally frivolous or fail to state a claim upon which relief can be granted, or both. IT IS FURTHER ORDERED that plaintiff's requests for a federal investigation and audit are DENIED. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard. An Order of Partial Dismissal will accompany this Memorandum and Order. Signed by District Judge E. Richard Webber on October 23, 2014. (MCB)
May 12, 2016
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment is hereby GRANTED. [ECF No. 24]. Signed by District Judge E. Richard Webber on May 12, 2016. (MCB)