Haynes v. Ives et al
| Tristan Haynes |
| L. Stephens, R. Jones, Marc Anthony Bryant, Stephanie Martin, Richard B. Ives, Shannon D. Withers and Karen Bennett-Baker |
| 6:2012cv00210 |
| October 9, 2012 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| McCreary |
| PSO |
| Danny C. Reeves |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
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Filing
35
MEMORANDUM OPINION & ORDER: 1. Plaintiff Tristan Haynes' motion to amend the Complaint [Record No. 25 ] is DENIED. 2. Defendants PHS-PA Marc Anthony Bryant, APNP Karen Bennett-Baker, HSARhonda Jones, and AHSA Larry Stephens motion for summary judgment [Record No. 18 ] is GRANTED. As a result, their motion to dismiss is DENIED as moot. 3. The claims asserted by Plaintiff Tristan Haynes against Defendants PHS-PA Marc Anthony Bryant, APNP Karen Bennett-Baker, HSA Rhonda Jones, and AHSA La rry Stephens are DISMISSED, with prejudice. 4. The claims asserted by Plaintiff Tristan Haynes against Defendant FNP Stephanie Martin are DISMISSED, without prejudice. 5. All claims having been resolved, this action is DISMISSED and STRICKEN from the Court's docket. 6. A final and appealable Judgment will be entered this date. Signed by Judge Danny C. Reeves on 3/21/14.(SYD)cc: COR, mailed to pro se filer
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Filing
11
MEMORANDUM OPINION & ORDER: 1. Pla Haynes' claims against Richard B. Ives, Warden, USP-McCreary, and Shannon D. Withers, Associate Warden, USP-McCreary, are DISMISSED, with prejudice. Dfts Ives and Withers are DISMISSED from this action. 2. The Clerk shall prepare the docs necessary for service of process upon the remaining USP-McCreary dfts, in their individual capacities: a. Stephanie Martin, Provider; b. Marc Anthony Bryant, Admitting Physician;c. Karen Bennett-Baker, Nurse Phys ician; d. R. Jones, Health Services admininstrator; and e. L. Stephens, Health Services Administrator. 3. The Clerk shall prepare a Service Packet consisting of the following docs for service of process upon the USA: a. a completed summons form; b. the Complaint and attachments thereto Record No. 1 ; c. this Order; and d. a completed USM Form 285. 4. Add'ly, the Clerk shall make five sets of copies of the above described docs, each set containing the following: a. copies of all com pleted summons forms issued for the dfts; b. copies of all completed USM Forms 285; c. one copy of the Complaint and all attachments Record No. 1 ; and d. one copy of this Order. 5. The Clerk shall present the Service Packet(s) and copies to the USM Office in London, KY. 6. Service of Process upon Dfts: (i) Stephanie Martin, Provider; (ii) Marc Anthony Bryant, Admitting Physician; (iii) Karen Bennett-Baker, Nurse Physician; (iv) R. Jones, Health Services Administrator; and (v) L. Stephens, Health Services Administrator, shall beconducted by the USM Office in London, KY, by serving a Service Packet personally upon the dfts, through arrangement with the FBOP. The USM Office is responsible for ensuring that each dft is successfully serve d with process. In the event that an attempt at service upon a dft is unsuccessful, the USM Office shall make further attempts and shall ascertain such info as is necessary to ensure successful service. 7. The USM Office must complete service on the named dfts by serving the copies described in above paragraph 4 by certified or registered mail to: a. one set of the copies to the Civil Process Clerk at the Office of the US Atty for the EDKy; b. one set to the Office of the Atty General of the US in Washington, D.C.; and c. one set to the Office of the FBOP in Washington, D.C 8. The pla must immediately advise the Clerks Office of any change in his current mailing address. Failure to do so may result in dismissal of this case. The pl a must communicate with the Court solely through notices or motions filed with the Clerks Office. The Court will disregard correspondence sent directly to the judges chambers. 9. With every notice or motion filed with the Court, the pla must (a) m ail acopy to each dft (or his or her attorney); and (b) at the end of the notice or motion, certify that he has mailed a copy to each dft (or his or her attorney) and the date on which this was done. The Court will disregard any notice or motion that does not include this certification. Signed by Judge Danny C. Reeves on 05/20/2013.(KJA)cc: COR, mailed paper copy to pro se filer
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