Case: Green v. Caspari

Green v. Moore

U.S. Court of Appeals for the Eighth Circuit

Green v. Moore

U.S. Court of Appeals for the Eighth Circuit

MOTION by plaintiff Ralph Green and Larry Coffman to enforce consent decree and Notice of violation of consent decree (FCE) (Entered: 01/12/1994)

RESPONSE by defendant Paul D. Caspari to motion to enforce consent decree [1-1] w/ attached affidavit (FCE) (Entered: 01/12/1994)

REPLY by plaintiff Ralph Green and Larry Coffman to response to motion to enforce consent decree [1-1] (FCE) (Entered: 01/12/1994)

RESPONSE by defendant Paul D. Caspari to pltfs' reply to mtn response [3-1] (FCE) (Entered: 01/12/1994)

REPLY by plaintiff Ralph Green and Larry Coffman re: Deft's response to pltfs' reply [4-1] (FCE) (Entered: 01/12/1994)

MOTION by plaintiff for appointment of counsel by Larry Coffman (FCE) (Entered: 01/12/1994)

MOTION by plaintiff to amend original civil rights complaint (FCE) (Entered: 01/12/1994)

RESPONSE by defendant Paul D. Caspari to motion to amend original civil rights complaint [7-1] (FCE) (Entered: 01/18/1994)

REPLY by plaintiff to response to motion to amend original civil rights complaint [7-1], motion for appointment of counsel [6-1] (FCE) (Entered: 01/12/1994)

ORDER by Honorable Stephen N. Limbaugh denying motion to amend original civil rights complaint [7-1], denying motion for appointment of counsel [6-1] (cc: all counsel) (FCE) (Entered: 02/14/1994)

MAIL Returned [10-1] addressed to plaintiff Harold Johnson (FCE) (Entered: 02/24/1994)

MAIL Returned [10-1] addressed to plaintiff James Orebaugh (FCE) (Entered: 02/24/1994)

MAIL Returned [10-1] addressed to plaintiff Bob Metcalf (FCE) (Entered: 02/24/1994)

MAIL Returned [10-1] addressed to plaintiff Larry Hays (FCE) (Entered: 02/24/1994)

MAIL Returned [10-1] addressed to plaintiff Dwight . Couch (FCE) (Entered: 03/02/1994)

MAIL Returned [10-1] addressed to plaintiff Mark Jackson (FCE) (Entered: 03/03/1994)

MAIL Returned [10-1] addressed to plaintiff Ronald Weinlood (FCE) (Entered: 03/04/1994)

MEMORANDUM AND ORDER: by Honorable Stephen N. Limbaugh denying motion to enforce consent decree [1-1] (cc: all counsel) (FCE) (Entered: 03/17/1994)

MAIL Returned [18-1] addressed to plaintiff Larry Hays (FCE) (Entered: 03/23/1994)

MAIL Returned [18-1] addressed to plaintiff Harold Johnson (FCE) (Entered: 03/24/1994)

MAIL Returned [18-1] addressed to plaintiff James Orebaugh (FCE) (Entered: 03/24/1994)

MAIL Returned [18-1] addressed to plaintiff Bob Metcalf (FCE) (Entered: 03/24/1994)

MAIL Returned [18-1] addressed to plaintiff Mark Jackson (FCE) (Entered: 03/24/1994)

MAIL Returned [18-1] addressed to plaintiff Dwight . Couch (FCE) (Entered: 03/24/1994)

MOTION by defendant Paul D. Caspari, defendant Dick Moore to substitute parties and to dismiss defendants Moore and Caspari (ARL) (Entered: 06/02/1997)

MOTION by defendant Paul D. Caspari, defendant Dick Moore for order to terminate consent decree pursuant to the prison litigation reform act, or in the alternative, pursuant to Fed.R.Civ.P. 60 w/ Exhibits A, B, C, D, E, F, G1 - G2, H, I, J, K, L, M, N, O and Memo in Support (ARL) (Entered: 06/02/1997)

RULED DOCUMENT by Honorable Stephen N. Limbaugh denying motion to substitute parties and to dismiss defendants Moore and Caspari [25-1] REQUEST DENIED AS UNTIMELY. CASE CLOSED 8/14/91. (cc: all counsel) (ARL) (Entered: 06/05/1997)

MAIL Returned [0-1], [25-1] addressed to plaintiff Ralph Green, plaintiff Bob Metcalf, plaintiff Larry Hays, plaintiff Dwight . Couch, plaintiff Harold Johnson, plaintiff Richard Hamil, plaintiff Ronald Weinlood (LAH) (Entered: 06/10/1997)

MOTION by defendant Paul D. Caspari, defendant Dora Shriro, defendant Dick Moore, defendant Gene Stubblefield for leave to amend by interlineation defendants' motion to terminate consent decree (ARL) (Entered: 07/01/1997)

ORDER by Honorable Stephen N. Limbaugh terminating motion for order to terminate consent decree pursuant to the prison litigation reform act, or in the alternative, pursuant to Fed.R.Civ.P. 60 [26-1] IT IS THEREFORE ORDERED that the consent decree entered 6/13/86 and modified 8/14/91 in this case is TERMINATED purusant to the provisions of the Prison Litigation Reform Act, 18 U.S.C., Sec. 3626(b). IT IS FURTHER ORDERED that the consent decree should be TERMINATED under the provisions of Federal Rules of Civil Procedure 60(b)(5), as well, as the consent decree and modification are outmoded and unnecessary, and defendants have substantially complied with the provisions of the decree in any event. (cc: all counsel) (ARL) (Entered: 07/07/1997)

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for leave to amend by interlineation defendants' motion to terminate consent decree [28-1] LEAVE TO AMEND GRANTED (cc: all counsel) (ARL) (Entered: 07/07/1997)

MAIL Returned [29-1], [0-1], [28-1] addressed to plaintiff Dwight . Couch, plaintiff Larry Hays, plaintiff Mark Jackson, plaintiff Harold Johnson, plaintiff Bob Metcalf, plaintiff James Orebaugh (ARL) (Entered: 07/14/1997)

MAIL Returned [28-1] addressed to plaintiff Ronald Weinlood (BDC) (Entered: 07/30/1997)

MAIL Returned [28-1] addressed to plaintiff Richard Hamil (ARL) (Entered: 07/31/1997)

MOTION by movant Rodney L. McKown, movant Gary Lee Skelton, movant Jerry Lynn Jones, movant David Corcoran, movant Earl Wilkerson for order to reopen case for cause, and request for temporary restraining order (ARL) (Entered: 09/04/1997)

MOTION by movant Rodney L. McKown, movant Gary Lee Skelton, movant Jerry Lynn Jones, movant David Corcoran, movant Earl Wilkerson for appointment of counsel (ARL) (Entered: 09/04/1997)

RULED DOCUMENT by Honorable Stephen N. Limbaugh denying motion for order to reopen case for cause, and request for temporary restraining order [33-1] (cc: all counsel) (LAH) (Entered: 09/12/1997)

MAIL Returned [0-1] addressed to plaintiff Larry Hays (No inmate number) (ARL) (Entered: 09/16/1997)

MAIL Returned [0-1] addressed to plaintiff Bob Metcalf (No inmate number) (ARL) (Entered: 09/16/1997)

NOTICE OF APPEAL filed by movant Rodney L. McKown, movant Gary Lee Skelton, movant Earl Wilkerson re: the District Court decision ; [0-1] fee: $ no fee paid (ARL) (Entered: 09/16/1997)

MAIL Returned [33-1] addressed to plaintiff Richard Hamil (ARL) (Entered: 09/18/1997)

MAIL Returned [33-1] addressed to plaintiff Mark Jackson (BDC) (Entered: 09/22/1997)

MAIL Returned [33-1] addressed to plaintiff Dwight . Couch (BDC) (Entered: 09/22/1997)

MAIL Returned [33-1] addressed to plaintiff James Orebaugh (BDC) (Entered: 09/22/1997)

MAIL Returned [33-1] addressed to plaintiff Harold Johnson (BDC) (Entered: 09/22/1997)

MOTION by plaintiff Billy Mudd to set aside order [29-1] terminating the consent decree (BDC) (Entered: 09/22/1997)

MOTION by plaintiff Billy Mudd for hearing on consent decree (ARL) (Entered: 09/24/1997)

MAIL Returned [34-1] addressed to plaintiff Bob Metcalf (ARL) (Entered: 09/24/1997)

RULED DOCUMENT by Honorable Stephen N. Limbaugh denying motion to set aside order [29-1] terminating the consent decree [43-1] REQUEST DENIED (cc: all counsel) (ARL) (Entered: 09/24/1997)

MOTION by plaintiff Billy Mudd's counsel Lawrence J. Permutter, to withdraw as pltf's attorney (BDC) (Entered: 09/26/1997)

MAIL Returned [34-1] addressed to plaintiff Larry Hays (BDC) (Entered: 09/26/1997)

MOTION by plaintiff Billy Mudd to set aside judgment dated 9/23/97 (ARL) (Entered: 09/29/1997)

MAIL Returned [33-1] addressed to plaintiff Ronald Weinlood (Return to Sender address unknown) (ARL) (Entered: 09/30/1997)

MAIL Returned [34-1] addressed to plaintiff Ronald Weinlood (Return to sender address unknown) (ARL) (Entered: 09/30/1997)

MAIL Returned [34-1] addressed to plaintiff Dwight . Couch (BDC) (Entered: 10/01/1997)

RULED DOCUMENT by Honorable Stephen N. Limbaugh denying motion to set aside judgment dated 9/23/97 [48-1]. REQUEST DENIED, SNL, 9/30/97. (cc: all counsel) (BDC) (Entered: 10/01/1997)

MAIL Returned [0-1] addressed to plaintiff Larry Hays (BDC) (Entered: 10/06/1997)

MAIL Returned [0-1] addressed to plaintiff Larry Hays (BDC) (Entered: 10/06/1997)

MAIL Returned [0-1] addressed to plaintiff Harold Johnson (BDC) (Entered: 10/06/1997)

MAIL Returned [0-1] addressed to plaintiff James Orebaugh (BDC) (Entered: 10/06/1997)

MAIL Returned [0-1] addressed to plaintiff Mark Jackson (BDC) (Entered: 10/06/1997)

MAIL Returned [0-1] addressed to plaintiff Bob Metcalf (BDC) (Entered: 10/06/1997)

MAIL Returned [0-1] addressed to plaintiff Mark Jackson (BDC) (Entered: 10/06/1997)

MAIL Returned [0-1] addressed to plaintiff Bob Metcalf (BDC) (Entered: 10/06/1997)

MAIL Returned [0-1] addressed to plaintiff Harold Johnson (BDC) (Entered: 10/06/1997)

MAIL Returned [0-1] addressed to plaintiff Dwight . Couch (BDC) (Entered: 10/07/1997)

MAIL Returned [0-1] addressed to plaintiff Dwight . Couch (BDC) (Entered: 10/07/1997)

MAIL Returned [0-1] addressed to plaintiff James Orebaugh (BDC) (Entered: 10/07/1997)

MAIL Returned [0-1], [0-1], [0-1] addressed to plaintiff Richard Hamil, plaintiff Ronald Weinlood (LAH) (Entered: 10/16/1997)

MOTION by plaintiff Donald Moore to proceed in forma pauperis on appeal (LAH) (Entered: 10/20/1997)

NOTICE OF APPEAL filed by plaintiff Donald Moore re: the District Court decision ; [0-1], [0-1] fee: $ no fee paid (LAH) (Entered: 10/20/1997)

LETTER from Pro Se Legal Assistant to MDOC RE: Letter Requesting Certified Account Statement for Donald Moore (FCE) (Entered: 11/24/1997)

Certified inmate account statement by plaintiff Donald Moore (FCE) (Entered: 12/04/1997)

LETTER from movant Rodney L. McKown requesting copies of documents. (with attached document request) (BDC) (Entered: 01/02/1998)

MOTION by movant Rodney L. McKown to proceed in forma pauperis on appeal with attached cja 23, financial affidavit. (BDC) (Entered: 01/02/1998)

ORDER GRANTING IN FORMA PAUPERIS ON APPEAL by Honorable Stephen N. Limbaugh denying pltff. McKown's motion to proceed in forma pauperis on appeal [71-1]. It Is Further Ordered that within 30 days from the date of this order, pltffs McKown, Skelton, and Wilkerson shall jointly pay to this Court the full $105 filing and docketing fees for filing an appeal. Pltffs' are instructed to make their remittance payable to "Clerk, U.S. District Court," and to include upon it: (1) their name; (2) their prison identification numbers; (3) the case number; and (4) that the remittance is for the appeal of the instant action. Granting pltff. Moore's motion to proceed in forma pauperis on appeal [66-1]. It Is Further Ordered that pltff. Moore shall pay an initial partial filing fee of $5.18 towards the $105 filing and docketing fees for an appeal within 30 days from the date of this order. Pltff. Moore is instructed to make his remittance payable to "Clerk, U.S. District Court," and to include upon it: (1) his name; (2) his prison identification number; (3) the case number; and (4) that the remittance is for the appeal of the instant action. ; initial partial filing fee ddl 3/2/98 (cc: all counsel) (LAH) (Entered: 01/29/1998)

DELIVERED TO USCA - 1 Civil Appeal Cover Sheet, 2 Certified Copies of Notice of Appeal filed by Rodney McKown, Gary Skelton and Earl Wilkerson. 2 Certified Copies of Clerk's Docket entries, 2 copies of ORDER (SNL) filed 1/28/98 and 2 copies of ORDER (RULED DOC) (SNL) filed 9/11/97. Copy of NOA to Judge Limbaugh. cc: NOA and Clerk's docket entries to parties. (FCE) Modified on 02/03/1998 (Entered: 02/03/1998)

DELIVERED TO USCA - 1 Civil Appeal Cover Sheet, 2 Certified Copies of Notice of Appeal filed by Donald Moore, 2 Certified Copies of Clerk's Docket entries, 2 copies of ORDER (RULED DOC)(SNL) filed 9/23/97 and 2 copies of ORDER (RULED DOC)(SNL) filed 9/30/97. Copy of NOA to Judge Limbaugh. cc: NOA, Clerk's docket entries to parties. (FCE) (Entered: 02/03/1998)

ENTIRE FILE SENT TO (USCA) - # of Volumes: 4 (FCE) (Entered: 02/03/1998)

NOTIFICATION AND BRIEFING SCHEDULE (USCA) FILED USCA #: 98-1370 Briefs Due: appellant-3/18/98; appellee-4/17/98; reply brief- 5/1/98. (BDC) (Entered: 02/10/1998)

NOTIFICATION AND BRIEFING SCHEDULE (USCA) FILED USCA #: 98-1371EMSL Briefs Due: Appelleny-3/18/98; Appellee- 4/17/98; Reply Brief-5/1/98. (BDC) (Entered: 02/10/1998)

LETTER from Clerk, USCA to Rodney Mckown, Gary Lee Skelton, Earl Wilkerson re Revised briefing schedule on 98-1370EMSL. (ARL) (Entered: 02/25/1998)

FILE RETURNED # of volumes; 1 re appeal [67-1] (ARL) (Entered: 02/25/1998)

RECEIPT # S98-004735 in the amount of $ 5.18 for initial partial filing fee on appeal. (LAH) (Entered: 03/10/1998)

MANDATE W/OPINION ATTACHED from (USCA) dismissing the appeal [37-1] Appellants motion for Relief from Judgment or Order is before the Court. The request of appellants McKown, Skelton, and Wilkerson to withdraw their appeal is granted and their is dismissed. Appellants' request for copies is denied as moot. Appellants' request for copies is denied as moot. Mandate shall issue forthwith. (cc: all counsel) (ARL) (Entered: 04/08/1998)

MAIL Returned addressed to plaintiff Mark Jackson (BDC) (Entered: 04/01/1998)

MAIL Returned [78-1] addressed to plaintiff Richard Hamil (BDC) (Entered: 04/01/1998)

MAIL Returned [79-1] addressed to plaintiff Harold Johnson (BDC) (Entered: 04/01/1998)

MAIL Returned addressed to plaintiff Larry Hays (ARL) Modified on 08/04/1998 (Entered: 08/04/1998)

MAIL Returned [77-1] addressed to plaintiff Bob Metcalf (BDC) (Entered: 04/01/1998)

MAIL Returned [77-1] addressed to plaintiff Dwight . Couch (ARL) (Entered: 04/03/1998)

LETTER to D.O.C. re: initiation of prisoner's installment payments on appeal (LAH) (Entered: 04/09/1998)

MANDATE W/OPINION ATTACHED from (USCA) dismissing the appeal [67-1] USCA number: 98-1371 (cc: all counsel) (LAH) (Entered: 07/24/1998)

MAIL Returned [85-1] addressed to plaintiff Ralph Green, plaintiff Harold Johnson, plaintiff Richard Hamil, plaintiff Donald Moore (LAH) Modified on 08/04/1998 (Entered: 08/04/1998)

MAIL Returned [85-1] addressed to plaintiff Mark Jackson, plaintiff Bob Metcalf, plaintiff Larry Hays (ARL) (Entered: 08/04/1998)

FILE RETURNED # of volumes; 4 and 1 exp. folder. (LAH) (Entered: 08/04/1998)