Ramsey v. Haney et al
| Larry Ramsey |
| Steve Haney and Angela Clifford |
| 5:2015cv00117 |
| April 30, 2015 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Fayette |
| Danny C. Reeves |
| P SO |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
21
MEMORANDUM OPINION & ORDER: (1) Magistrate Judge Robert E. Wier's 20 RECOMMENDED DISPOSITION is ADOPTED and INCORPORATED herein by reference. (2) Dft Haney's 12 MOTION to Dismiss for failure to state a claim is GRANTED. (3) Pla' ;s Eighth Amendment claim against Dft Haney in his individual capacity is DISMISSED, with prejudice. (4) Pla's Eighth Amendment claim against Dft Dr. Angela Clifford in her individual capacity is DISMISSED, without prejudice. (5) This action is DISMISSED and STRICKEN from the Court's docket. Signed by Judge Danny C. Reeves on February 29, 2016. (AWD) cc: COR,Pla via US Mail
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Filing
9
MEMORANDUM OPINION AND ORDER: (1) Pla's 8th and 14th Amendment claims against Dfts Steve Haney and Dr. Angela Clifford, in their official capacities, are DISMISSED WITH PREJUDICE. (2) Clerk shall indicate on the CM/ECF cover sheet that all const itutional claims against Dfts Haney and Dr. Clifford, in their official capacities, are TERMINATED. (3) Pla's 14th Amendment claims related to the BCC grievance process, which he asserts against Dfts Haney and Dr. Clifford, in their individual c apacities, are DISMISSED WITH PREJUDICE. (4) Pla's 8th Amendment claims alleging delay in or the denial of necessary medical treatment against Dfts Haney and Dr. Clifford, in their individual capacities, SHALL PROCEED, and Dfts Haney and Dr. Cli fford MUST RESPOND to Pla's 8th Amendment claims. (5) Clerk shall forward by certified mail, return receipt requested, one copy of the 1 Complaint, one copy of Pla's 8 Letter and a copy of this MOO to the KDOC, Office of Legal Services , 275 E. Main St., PO Box 2400, Frankfort KY 40602-2400. KDOC shall have 20 days to complete and file a notice of waiver of service as to the Dfts who have been ordered to respond to the Complaint. If counsel does not file a waiver, the Court will en ter another order directing USM to PERSONALLY effectuate service of process in full compliance with FRCP 4, and the Dfts will be required to file an answer NLT 20 days after being personally served. (6) If counsel files a waiver within 20 days, the D fts' Answer(s) to the Complaint shall be filed NLT 60 days after notice of waiver is filed. (7) Pla shall keep the Clerk informed of his current mailing address. Failure to notify the Clerk of any change of address may result in dismissal of this case. (8) Within every notice/motion filed with the Court, Pla MUST (a) mail a copy to each Dft; and (b) at the end of the notice/motion, certify that he has mailed a copy to each Dft and the date on which this was done. The Court will disregard any notice/motion which does not include this certification. Signed by Judge Danny C. Reeves on August 26, 2015. (AWD) cc: Pla via US Mail,KDOC (certified mail)
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