Moore v. Gregory et al

Filing 27

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that, in accordance with the Judgment from the Eighth Circuit Court of Appeals, the District Court Finance Office shall return any remittances made by plaintiff relating to appellate court filing fees. IT IS FURTHER ORDERED that the District Court Finance Office shall notify the Cape Girardeau County Jail to stop deducting payments from plaintiffs inmate account in order to pay appellate filing fees. The Jail should be notified, however, that plaintiff is still liable to pay the District Court filing fees until the $350 is paid in full.. Signed by District Judge Audrey G. Fleissig on 9/25/18. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
QUINTAYUS D. MOORE

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Plaintiff,
v.
JOSHUA GREGORY, et al.,
Defendants.

No. 1:18-CV-112 AGF

MEMORANDUM AND ORDER
This matter is before the Court on remand from the Eighth Circuit Court of Appeals. In
its Judgment, the Court of Appeals instructed the District Court to remove its assessment of
appellate filing fees in this action, noting that “[t]he appellant’s filing that was docketed as a
notice of appeal is not a notice of appeal.”
Pursuant to the Eighth Circuit’s instructions, the Court will return the remittances made
by plaintiff relating to the appellate filing fees. The Court will also instruct the Cape Girardeau
County Jail to stop deducting payments from plaintiff’s account in order to pay the Eighth
Circuit filing fees. Plaintiff is still liable, however, to pay the District Court filing fees. As set
forth in this Court’s prior orders (ECF Nos. 5 and 12), proceedings in this case are stayed
pending final disposition of the criminal case in state court, including any direct appeal and
post-conviction proceedings.
Accordingly,
IT IS HEREBY ORDERED that, in accordance with the Judgment from the Eighth
Circuit Court of Appeals, the District Court Finance Office shall return any remittances made by
plaintiff relating to appellate court filing fees.
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IT IS FURTHER ORDERED that the District Court Finance Office shall notify the
Cape Girardeau County Jail to stop deducting payments from plaintiff’s inmate account in order
to pay appellate filing fees. The Jail should be notified, however, that plaintiff is still liable to
pay the District Court filing fees until the $350 is paid in full.
Dated this 25th day of September, 2018.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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