Devereaux et al v. St. Louis, County of, Missouri et al

Filing 80

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendants City of St. Louis, Sam Dotson, Josh Becherer, James Joyner, and Brian Rossomannos Motion to Dismiss Count X of Plaintiffs Second Amended Complaint # 74 is GRANTED in part and DENIED in part. Defendants motion is granted to the extent it asserts a claim for damages but Plaintiffs claim for declaratory judgment remains pending. Signed by District Judge Rodney W. Sippel on 2/26/16. (CAR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHRISTOPHER JAMES IVORY,
Petitioner,
v.
JAY CASSADY, et al.,
Respondent.

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No. 4:14-CV-02093-RWS

AMENDED CASE MANAGEMENT ORDER –
TRACK 4: § 2254 HABEAS CORPUS PETITION
Pursuant to the Local Rules and the Differentiated Case Management Program of the United
States District Court of the Eastern District of Missouri,
IT IS HEREBY ORDERED that the following provisions apply in this case, and will be
modified only upon a showing of exceptional circumstances:
This case is referred back to United States Magistrate Judge Patricia L. Cohen,
pursuant to 28 U.S.C. § 636(b)(1), for a report and recommendation on dispositive matters
and for rulings on non-dispositive matters. All documents hereinafter filed in this case shall
include the initials of the Magistrate Judge under the case number.
Respondent must show cause, in writing and within forty-five (45) days of the date of this
Order, why the relief requested in the instant petition should not be granted.
In accordance with Rule 5(b) of the Rules Governing § 2254 Cases, Respondent's answer
shall address the merits of all grounds for relief alleged in the petition. In addition, it must state
whether any ground in the petition is barred by a failure to exhaust state remedies, a procedural bar,
non-retroactivity, or a statute of limitations.
IT IS FURTHER ORDERED that, if Petitioner chooses to file a reply to Respondent's

answer to the petition, the reply must be filed within sixty (60) days of the date the answer to the
petition is filed. If Petitioner fails to timely file a reply, the right to file such a reply shall be
waived. See Rule 5(e) of the Rules Governing § 2254 Cases.
Dated this 26th day of February, 2016.

__________________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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