Yang v. Missouri Department of Corrections et al
Filing
77
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that Motion to Alter or Modify (#73) is DENIED. IT IS FURTHER ORDERED that plaintiffs Motion to Change Venue (#75) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 8/28/14. (MRS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
RICHARD YANG,
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Plaintiff,
v.
GEORGE LOMBARDI, et al.,
Defendants.
Case No. 1:12CV92 SNLJ
MEMORANDUM AND ORDER
This is a 42 U.S.C. § 1983 action in which the plaintiff alleges prison officials
infringed on his federal constitutional rights by improperly censoring his incoming and
outgoing Chinese language mail and by limiting his access to outgoing international
telephone calls. Presently before the Court is plaintiff’s Motion to Alter or Modify (#73)
this Court’s July 23, 2014 Order and plaintiff’s Motion to Change Venue (#75).
The Court’s July 23, 2014 Order (#72) granted summary judgment to defendants
on the plaintiff’s First Amendment claim concerning his Chinese language mail. The
defendants did not move for summary judgment on plaintiff’s First Amendment claim
regarding his international phone calls or his Fourteenth Amendment claims. Plaintiff’s
motion to alter or modify repeats the arguments made in his opposition to the first motion
for summary judgment. The Court fully considered plaintiff’s arguments and concluded
that no genuine issue of fact existed as to plaintiff’s First Amendment claim regarding his
Chinese language mail. Plaintiff’s motion to alter or modify will be denied.
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Plaintiff also asks the Court to change venue from the Southeastern Division to the
Eastern Division because his location of confinement has changed from Charleston,
Missouri to St. Louis County, Missouri. Plaintiff’s complaint was properly filed in the
Southeastern Division, however, and it remains properly in the Southeastern Division.
Accordingly,
IT IS HEREBY ORDERED that Motion to Alter or Modify (#73) is DENIED.
IT IS FURTHER ORDERED that plaintiff’s Motion to Change Venue (#75) is
DENIED.
Dated this
28th
day of August, 2014.
_____________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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