Burton v. West et al
| Richard Burton |
| J. West, Covington Police Department and City of Covington |
| 2:2008cv00167 |
| September 19, 2008 |
| US District Court for the Eastern District of Kentucky |
| Civil Rights: Other Office |
| Kenton |
| David L. Bunning |
| Pro Se |
| Plaintiff |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
20
MEMORANDUM OPINION & ORDER: Accordingly, IT IS ORDERED that the "Motion to Alter or Amend Judgment 19 , filed by Plaintiff Richard Burton, is DENIED. Signed by David L. Bunning on 2/20/2009.(JMM)cc: COR w/copy to Richard Burton at Little Sandy Correctional Complex
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Filing
7
MEMORANDUM OPINION & ORDER: It Is So Ordered: (1) The plaintiff's claims against the City of Covington and Covington Police Department are DISMISSED WITH PREJUDICE. The clerk is directed to note in the CM/ECF docket sheet that the claims against these defendants are "terminated." (2) The plaintiff's construed Fourth Amendment claims against Officer J. West in his official capacity are DISMISSED WITH PREJUDICE. The Clerk is directed to note in the CM/ECF docket sheet that the official capacity claims against West are "terminated." (3) Defendant Officer J. West (Badge #0194), will be required to respond to the plaintiff's Fourth Amendment claim in his individual capacity. (4) The Covington Cl erk is directed to issue summonses for Defendant Officer J. West (Badge #0194), in his individual capacity. (5) The Covington Clerk's Office shall prepare as many copies of the complaint and copies of this Order as there are summonses issued and complete the requisite number of the United States Marshals' Office ("USM") Form(s) 285. (a) If insufficient information exists to sufficiently or effectively complete any summons or USM Form 285 regarding the defendant, the Clerk sha ll promptly make a clerk's entry in the docket stating why the Clerk cannot fill out the summons or USM Form 285 or any other documents necessary to effectuate service. (b) The Covington Clerk's Office shall forward to the USM by certified mail the following documents: (i) the summons issued; (ii) the requisite number of USM Form 285; (iii) the requisite number of complaint copies; (iv) the requisite number of copies of this Order; and (v) any other documents necessary to effectuate se rvice. (c) The Covington Deputy Clerk making the delivery of the summons and copies to the USM shall obtain from that office a receipt for the documents, which receipt shall be entered into the instant record by the Clerk. (d) The USM shall serve th e documents specified in the preceding paragraph of this Order on the defendant to this action; service to be made by certified mail, return receipt requested, or by personal service at the option of the USM. (6) Within 40 days of the date of entry o f this Order, the USM shall send a Service Report to the Covington Clerk's Office, which the Deputy Clerk shall file in the record, which states whether service has been accomplished. (7) The USM Office is responsible for ensuring that each defe ndant is personally served with process. In the event that an attempt at personal service upon the defendant is unsuccessful, the USM Office shall make further attempts or pursue other such information as is necessary to endure successful service. ( 8) The Covington Clerk is further directed to serve a copy of this Order on the Kentucky Department of Corrections, and to note the service in the docket sheet. (9) The plaintiff shall keep the Clerk of the Court informed of his current mailing addre ss. Failure to notify the Clerk of any address change may result in a dismissal of this case. (10) For every further pleading or other document he wishes to submit to the Court for consideration, the plaintiff shall serve upon each defendant, or, if appearance has been entered by counsel, upon each attorney, a copy of the pleading or other document. The plaintiff shall send the original papers to be filed with the Clerk of the Court together with a certificate stating the date a true and corre ct copy of the document was mailed to each defendant or counsel. (11) If a District Judge or Magistrate Judge received any document which has not been filed with the Clerk or which has been filed but fails to include the certificate of service of copies, the document will be disregarded by the Court. Signed by David L. Bunning on 11/6/2008.(JMM)cc: COR w/copy to the Kentucky Department of Corrections on 11/6/08
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