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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2022-06-27
Type Cc Other Miscellaneous Actions
Docket 61 entries
Disposition dismiss

Parties

Plaintiff Burkhart, Dustin Scott
Defendant Hamner, Matt
Photo of Hon. Daniels Deborah

Judge

Hon. Daniels Deborah

Camden County (MO)

Missouri

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Docket Entries

  1. ot to Proc In Forma Pauperis Filed By: DUSTIN SCOTT BURKHART
  2. otice NOTICE OF APPEAL Filed By: DUSTIN SCOTT BURKHART
  4. otice NOTICE OF APPEAL Filed By: DUSTIN SCOTT BURKHART
  6. udge/Clerk - Note MOTION FILED 3/2/2023 BY PLAINTIFF SENT TO JUDGE LISTON. NOTICE OF ENTRY SENT TO PETITIONER.
  7. ismiss by Ct w/ Prejudice
  8. rder The Court reviews the file after being assigned the case on 3-10-2023. Notice of the assignment was sent to plaintiff. Court orders a copy on the 3-2-2023 motion filed by plaintiff to be sent to Judge Liston. Court has reviewed the file and specifically the amended (complaint) filed on 3-6-2023 concerning the setting of a cash-only bond on 12-23-2021. The defendant filed a motion to dismiss the case with prejudice on 3-16-2023. Court grants the defendant's motion to dismiss with prejudice. See also Missouri Supreme Court Rules 33.09 authorizing the filing of a remedial writ in a higher court to contest the setting of conditions of release and not the filing of a civil case. Case is dismissed with prejudice. Dd Filed By: DEBORAH DANIELS
  10. otion to Dismiss Defendants Motion to Dismiss Plaintiffs Amended Complaint. Filed By: EMILY ANN DODGE On Behalf Of: MATT HAMNER
  12. udge/Clerk - Note COPY OF ASSIGNMENT SENT TO PETITIONER
  13. udge Assigned
  15. udge/Clerk - Note FILED AMENDED COMPLAINT MAILED TO PETITIONER AS REQUESTED
  17. mended Motion/Petition Filed Filed By: DUSTIN SCOTT BURKHART
  19. otion Filed Filed By: DUSTIN SCOTT BURKHART
  21. udge/Clerk - Note NOE SENT TO PETITIONER
  23. udge Recuses Filed By: ROBERT M LISTON
  24. rder The Court, having considered the petition filed by Plaintiff and Defendant's Motion to Dismiss does find that the Petition filed fails to state a cause of action upon which relief may be grated. Plaintiff is granted leave to file an amended partition within 14days of todays' date. Due to the Court's inability to provide additional hearing dates within the next few months, this Court recuses from further consideration to promote judicial economy. RML Filed By: ROBERT M LISTON
  26. otice PLAINTIFFS ADDITIONAL CITATIONS AND SUPPORTING ARGUMENT
  28. otice Defendants Additional Citations. Filed By: EMILY ANN DODGE On Behalf Of: MATT HAMNER
  30. udge/Clerk - Note NOE SENT TO PETITIONER
  31. earing Held Now on this date comes on for hearing the above referenced cause. The parties appear as follows; Plaintiff in prison, pro se, via telephone from the Department of Corrections facility in Licking, MO and Defendant by counsel provided by the Attorney General, Ms. Emily Dodge. The plaintiff requests additional time to prepare for the hearing. The Court orders that Plaintiff to provide a response in writing containing citations within 20 days from the date hereof and Defendant is ordered to provide any additional citations within 10 days of this date. The Court will make ruling in chambers without further oral argument. Parties are notified in open Court. Case is removed from dismissal docket. RML Associated Entries: 12/30/2022 - Hearing Scheduled Scheduled For: 01/27/2023; 10:00 AM; ROBERT M LISTON; Camden
  32. udge/Clerk - Note NOE SENT TO PETITIONER
  33. udge/Clerk - Note THIS CASE IS PLACED ON THE DISMISSAL DOCKET ON 1/13/2023 PURSUANT TO LOCAL RULE 37.1. THE CASE WILL BE DISMISSED 3/17/2023 UNLESS GOOD CAUSE IS SHOWN FOR REMOVAL FROM SAID DOCKET.
  34. equest Filed Filed By: DUSTIN SCOTT BURKHART
  35. otice of Hearing Filed Notice of Hearing. Filed By: EMILY ANN DODGE On Behalf Of: MATT HAMNER
  36. earing Scheduled Associated Entries: 01/27/2023 - Hearing Held + Scheduled For: 01/27/2023; 10:00 AM; ROBERT M LISTON; Camden
  37. udge/Clerk - Note NOE SENT TO PETITIONER
  38. rder COURT SETS DEFENDANTS MOTION TO DISMISS 1/27/2023 AT 10:00 AM. RL Filed By: ROBERT M LISTON
  39. esponse Filed PLAINTIFF'S RESPONSE TO DEFENDANT'S REPLY IN SUPPORT OF MOTION TO DISMISS Filed By: DUSTIN SCOTT BURKHART
  40. eply Defendants Reply in Support of Motion to Dismiss. Filed By: EMILY ANN DODGE On Behalf Of: MATT HAMNER
  41. udge/Clerk - Note UPON REQUEST COPY OF COMPLAINT AND TODAY'S FILINGS SENT TO PETITIONER
  42. eceived of: PLAINTIFFS AMENDED RESPONSE TO DEFENDANTS MOTION TO DISMISS Filed By: DUSTIN SCOTT BURKHART
  43. otion Filed MOTION FOR LEAVE TO FILE AMENDED PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO DISMISS Filed By: DUSTIN SCOTT BURKHART
  44. orrespondence Filed Filed By: DUSTIN SCOTT BURKHART
  45. esponse Filed PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS Filed By: DUSTIN SCOTT BURKHART
  46. esponse Filed Defendants Response in Opposition to Plaintiffs Motion for Default Judgment. Filed By: EMILY ANN DODGE On Behalf Of: MATT HAMNER
  47. otion to Dismiss Defendants Motion to Dismiss. Filed By: EMILY ANN DODGE On Behalf Of: MATT HAMNER
  48. ntry of Appearance Filed Entry of Appearance. Filed By: EMILY ANN DODGE On Behalf Of: MATT HAMNER
  49. iling: DECLARATION FRO ENTRY FO DEFAULT Filed By: DUSTIN SCOTT BURKHART
  50. otion for Default Judgment Filed By: DUSTIN SCOTT BURKHART
  51. ummons Personally Served
  52. arnishment Returned Served Document ID - 22-SMCC-994; Served To - HAMNER, MATT; Server - SO CAMDEN COUNTY-CAMDENTON; Served Date - 16-AUG-22; Served Time - 08:40:00; Service Type - Sheriff Department; Reason Description - Served SUMMONS RETURNED SERVED
  53. udge/Clerk - Note SUMMONS AND PETITION PLACED IN CCSD BOX FOR PICK UP
  54. ummons Issued-Circuit Document ID: 22-SMCC-994, for HAMNER, MATT.
  55. otion Special Process Server Filed By: DUSTIN SCOTT BURKHART
  56. etition Filed - No Fees Filed By: DUSTIN SCOTT BURKHART
  57. earing Held PETITIONER APPEARS IN PERSON PRO SE. MOTION TO PROCEED IN FORMA PAUPERIS TAKEN UP. MOTION TO PROCEED IN FORMA PAUPERIS GRANTED. SUMMONS TO ISSUE. RL Associated Entries: 07/14/2022 - Hearing Scheduled Scheduled For: 08/04/2022; 11:00 AM; ROBERT M LISTON; Camden
  58. earing Scheduled Associated Entries: 08/04/2022 - Hearing Held + Scheduled For: 08/04/2022; 11:00 AM; ROBERT M LISTON; Camden
  59. udge/Clerk - Note NOE SENT TO MOVANT
  60. rder ON COURTS OWM MOTION MOVANT'S MOTION TO PROCEED IN FORMA PAUPERIS SET FOR HEARING 8/4/2022 AT 11:00 A.M. RL/tm Filed By: ROBERT M LISTON
  61. udge Assigned

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