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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CHRISTOPHER JAMES IVORY, Petitioner, v. JAY CASSADY, et al., Respondent. ) ) ) ) ) ) ) ) ) ) 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 -2-

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