Damrell v. Madison County Detention Center et al
| Derick Damrell |
| Madison County Detention Center, Richmond Police Department and Facility & Medical Staff |
| 5:2023cv00299 |
| October 25, 2023 |
| US District Court for the Eastern District of Kentucky |
| P SO |
| Gregory F VanTatenhove |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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Filing 24
JUDGMENT: 1. Derick Damrell's excessive force and retaliation claims against the "Madison County Detention Center" and its "officers" and "jail administrator" #1 are DISMISSED without prejudice on initial screening for failure to state a claim upon which relief may be granted; 2. Damrell's claims against the remaining defendants are also DISMISSED without prejudice to his right to assert those claims in new, separate civil actions. 3. As the Court has explained, if Damrell wishes to file one or more new civil actions regarding his claims (all of which have now been dismissed without prejudice), he may do so by utilizing the Court's approved forms. 4. This is a FINAL and APPEALABLE Judgment, and there is no just cause for delay. Signed by Judge Gregory F. Van Tatenhove on 12/13/2023.(STC)cc: COR and Derick Damrell by US Mail
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Filing 23
MEMORANDUM OPINION & ORDER: 1. Damrell's excessive force and retaliation claims against the "Madison County Detention Center" and its "officers" and "jail administrator" #1 are DISMISSED without prejudice on initial screening for failure to state a claim upon which relief may be granted. 2. Damrell's claims against the remaining defendants are also DISMISSED without prejudice to his right to assert those claims in new, separate civil actions. 3. All pending motions are DENIED as moot, and this specific civil action is STRICKEN from the Court's docket. 4. Clerk is directed to send Damrell a blank E.D. Ky. 520 Civil Rights Complaint Form; a blank AO 240 Application to Proceed in District Court Without Prepaying Fees or Costs; and a blank E.D. Ky. 523 Certificate of Inmate Account Form. 5. If Damrell wishes to file one or more new civil actions regarding his claims (all of which have now been dismissed without prejudice), he may do so by utilizing the Court's approved forms. Signed by Judge Gregory F. VanTatenhove on 12/13/2023.(STC)cc: COR and Derick Damrell by US Mail
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Filing 22
ORDER: 1. Damrell's #19 Motion for Leave to Proceed in forma pauperis is GRANTED. 2. Damrell must pay the $350.00 filing fee: a. No payment of an initial partial filing fee due at this time. b. Clerk shall open an account in Damrell's name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form with Damrell's name, his inmate registration number, and this civil case number, send copy of this Order and the Notice of Payment Form to the Warden of the institution in which Damrell is currently confined. c. Damrell's custodian shall send the Clerk of this Court a payment each month from Damrell's inmate trust fund account. The payment should be in an amount equal to 20% of Damrell's income from the preceding month. However, the custodian shall only send a monthly payment if the amount in Damrell's account exceeds $10.00. The custodian shall continue the monthly payments until Damrell's entire $350.00 filing fee is paid. 3. Damrell must immediately advise the Clerks Office, in writing, of any change in his address. If Damrell fails to do so, the Court may dismiss his case. 4. This matter now stands submitted for initial screening. Signed by Judge Gregory F. VanTatenhove on 12/13/2023. (STC)cc: COR,F and Derick Damrell and Warden by US Mail (Additional attachment(s) added on 12/13/2023: #1 Notice of Payment Form) (STC).
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Filing 21
ORDER:1. Damrell's Motion #17 is DENIED without prejudice;2. Consistent w/ the Court's prior Order #16 , on or before 11/29/23, Damrell must either pay the $402.00 in filing and administrative fees up front and in full or properly ask to pay the filing fee in installments over time. If Damrell chooses to file the AO 240 and EDKY 23 Forms, the latter form must be certified by a prison official. Signed by Judge Gregory F. VanTatenhove on 11/14/2023. (KCF)cc: CORand Derick Damrell by US Mail
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Filing 20
Prisoner Trust Fund Account Statement by Derick Damrell, Pro Se. (Attachments: #1 Attachment Account Transaction History) (DC)
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Filing 19
MOTION for Leave to Proceed in forma pauperis by Derick Damrell, Pro Se. Motions referred to P SO. (Attachments: #1 Application to Proceed w/out payment of fees, #2 Envelope_11/03/2023) (DC)
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Filing 18
MOTION for Illegal Search and Seizer, Police Misconduct by Derick Damrell, Pro Se. Motions referred to P SO. (Attachments: #1 Envelope_11/03/2023)(DC)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #19 MOTION for Leave to Proceed in forma pauperis by Derick Damrell, #18 MOTION for Order by Derick Damrell (DC)
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Filing 17
MOTION for Action to be Taken to Prosecute and Sue by Derick Damrell, pro se. (Attachments: #1 Envelope PM 11-2-23)(KCF)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #17 MOTION for Action to be Taken to Prosecute and Sue by Derick Damrell, pro se. (KCF)
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Filing 16
ORDER:1. Damrell's motion for leave to proceed in forma pauperis #2 is DENIED w/out prejudice;2. The Clerk's Office is directed to send Damrell an AO240 Application and ED KY 523;3. W/in 30 days from the entry of this Order, Damrell must pay the $402 filing and administrative fees up front and in full or properly ask to pay in installments over time by completing and filing the forms;4. If Damrell fails to comply w/ this Order w/in the time allotted, the Court will dismiss this case w/out prejudice;5. Damrell must inform the Clerk's Office, in writing, of any change in his address. Failure to do so may result in dismissal of this case. Signed by Judge Gregory F. VanTatenhove on 10/30/2023.(KCF)cc: CORand Derick Damrell by US Mail (Forms/Order)
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***Reopen Document #2 (STC)
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Filing 15
IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 Sample Caption)(STC)
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Filing 13
CASE TRANSFERRED IN from District of Kentucky Western. Case number 3:23-cv-00382. Original file, certified copy of transfer order and docket sheet received. cc: Plt w/ copy of docket sheet
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Filing 12
MEMORANDUM AND ORDER by Senior Judge Joseph H. McKinley, Jr. on 10/24/2023: IT IS ORDERED that the instant action shall be TRANSFERRED to the US District Court for the Eastern District of Kentucky, Central Division, at Lexington,pursuant to 28 U.S.C. 1406(a)for all further proceedings. All further filings shall be filed with that Court. Should further filings be filed in this Court, the Clerk of Court shall transfer the filings to the EDKY. cc: Plaintiff, pro se (EAS) [Transferred from kywd on 10/25/2023.]
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Filing 11
MEMORANDUM AND ORDER by Senior Judge Joseph H. McKinley, Jr. on 10/24/2023: IT IS HEREBY ORDERED that Plaintiff's motion for reconsideration #10 is GRANTED and that the Court's prior Memorandum and Order dismissing the case #6 and #7 are VACATED. The Clerk of Court is DIRECTED to return this action to the Courts active docket.cc: Plaintiff, pro se (EAS) [Transferred from kywd on 10/25/2023.]
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Conflict Check run. (STC)
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Filing 10
MOTION for Reconsideration re #7 Order Dismissing Case, by Plaintiff Derick Damrell (EAS) [Transferred from kywd on 10/25/2023.]
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Filing 9
Letter from Plaintiff Derick Damrell. (EAS) [Transferred from kywd on 10/25/2023.]
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Filing 8
Letter from Plaintiff Derick Damrell. (EAS) [Transferred from kywd on 10/25/2023.]
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Filing 7
***VACATED per Order #11 - ORDER by Senior Judge Joseph H. McKinley, Jr. on 10/6/2023: IT IS ORDERED that the instant action is DISMISSED without prejudice for failure to prosecute. This is a final Order. The Court certifies that an appeal in forma pauperis would not be taken in good faith.cc: Plaintiff, pro se (EAS) Modified on 10/25/2023 (EAS). [Transferred from kywd on 10/25/2023.]
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Filing 6
***VACATED per Order #11 - MEMORANDUM by Senior Judge Joseph H. McKinley, Jr. on 10/6/2023: The Court will enter a separate Order of dismissal consistent with this Memorandum.cc: Plaintiff, pro se (EAS) Modified on 10/25/2023 (EAS). [Transferred from kywd on 10/25/2023.]
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Filing 5
Mail Returned as Undeliverable #4 sent to Derick Damrell (EAS) [Transferred from kywd on 10/25/2023.]
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Filing 4
NOTICE of Deficiency re #1 Complaint,.Reason for Deficiency: No Prisoner Trust Statement filed with Motion. Failure to comply will be brought to the attention of the Court. Response due by 8/30/2023. (DJT) [Transferred from kywd on 10/25/2023.]
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Filing 3
Case Assignment (Random Selection): Case Assigned to Senior Judge Joseph H. McKinley, Jr.. (DJT) [Transferred from kywd on 10/25/2023.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff Derick Damrell (DJT) [Transferred from kywd on 10/25/2023.]
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Filing 1
COMPLAINT against Facility & Medical Staff, Madison County Detention Center, Richmond Police Department, filed by Derick Damrell. (Attachments: #1 Summons, #2 Cover Letter, #3 Exhibit 1, #4 Exhibit 2) (DJT) (Additional attachment(s) added on 7/31/2023: #5 Exhibit State Court - Motion for Due Process of Law, #6 Exhibit State Court Motion for Due Process, #7 Exhibit Motion for Fast and Speedy Trial, #8 Exhibit Motion for Ineffective Assistance of Counsel) (DJT). [Transferred from kywd on 10/25/2023.]
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