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KITCHEN v. MILLER

No. 2:04CV21DDN.

343 F.Supp.2d 820 (2004)

Richard L. KITCHEN, Plaintiff, v. Stuart MILLER, in his individual and official capacities as Sheriff of Audrain County; Sgt. Slaughter, in his individual and official capacities as Head Jailer of Audrain County Jail; D.W. Ancell, in his individual and official capacities as Sheriff of Randolph County; Roberta (Birdie) Link, in her individual and official capacities as Head Jailer of Randolph County Jail; and Unknown Dr. Fox, in his individual capacity, Defendants.

United States District Court, E.D. Missouri, Northern Division.

September 10, 2004.

Attorney(s) appearing for the Case

Joy Urbom Taylor, Greensfelder and Hemker, St. Louis, MO, for Plaintiff.

D. Keith Henson, Paule and Camazine, Clayton, MO, James J. Zych, Paule, Camazine & Blumenthal, P.C., William C. Robinson, Stephen J. Potter, Behr and McCarter, St. Louis, MO, Debora L. Hale, Ahrens and Hale, Hannibal, MO, for Defendants.

MEMORANDUM AND ORDER

NOCE, United States Magistrate Judge.

This action is before the court on the motion of defendant Ian Fawks,1 D.O. to dismiss. (Doc. 18). The parties have consented to the exercise of plenary authority by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).

I. BACKGROUND

Plaintiff Richard Kitchen is currently an inmate at the Farmington Correctional Center...

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