Ortiz v. Tony et al
| Heriberto Ortiz and Papote |
| Dr. Parson, Leiutenent Tony, Officer Rose, Warden Gomez and Officer Sizemore |
| 6:2020cv00174 |
| August 13, 2020 |
| US District Court for the Eastern District of Kentucky |
| Joseph M Hood |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on January 13, 2022. A more recent docket listing may be available from PACER.
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Filing 16
ORDER: (1) motion #15 for an extension of time is GRANTED; (2) W/in 30 days from the date of this Order, Ortiz must pay $7.33 to the Clerk of the Court as an initial partial filing fee. (3) Clerk of the Court shall forward a copy of this Order to Ortiz at his current address, as indicated in his motion for an extension of time #15 (4) Ortiz must immediately advise the Clerks Office of any change to his current mailing address. Failure to do so may result in dismissal of this case. Signed by Judge Joseph M. Hood on 10/6/2020.(CBD)cc: COR and copies to Heriberto Ortiz at USP Thomson and FTC Oklahoma by US Mail
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #15 MOTION for Extension of Time by Heriberto Ortiz (MM)
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Filing 15
MOTION for Extension of Time to Make Payment by Heriberto Ortiz, pro se. Styled as Letter. Motions referred to P SO. (Attachments: #1 Envelope - Postmarked 9/29/2020)(MM)
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Filing 14
NOTICE of Change of Address and Extension by Heriberto Ortiz, pro se (Attachments: #1 Envelope - Postmarked 9/28/2020)(MM)
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Filing 12
Summons Issued as to Gomez, Parson, Rose, Sizemore, Tony, U.S. Attorney and U.S. Attorney General. Summons issued and delivered to U.S. Marshal for service (MM) (Additional attachment(s) added on 10/5/2020: #1 Receipt) (MM).
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Filing 11
MEMORANDUM OPINION AND ORDER: Accordingly, IT IS HEREBY ORDERED as follows:(1) Plaintiff Heriberto Ortiz's claims against Dft Warden Gomez is DISMISSED WITHOUT PREJUDICE and Warden Gomez is DISMISSED AS A PARTY; (2) The Deputy Clerk shall prepare five "Service Packets" for service upon the USA, Dfts Lt. Tony, Officer Rose, Officer Sizemore, and Dr. Parsons. Each Service Packet shall include: see a - e; (3) The Deputy Clerk shall deliver the Service Packets to the USMS in Lexington, Kentucky and note the date of delivery in the docket; (4) The USMS shall serve the USA by sending a Service Packet by certified or registered mail to the Civil Process Clerk at the Office of the United States Attorney for the EDKY; and the Office of the AG of the US in Washington, D.C; (5) The USMS shall personally serve Dfts Lt. Tony, Officer Rose, Officer Sizemore, and Dr. Parsons at USP-McCreary in Pine Knot, Kentucky through arrangement with the Federal Bureau of Prisons; (6) Ortiz must immediately advise the Clerk's Office of any change in his current mailing address. Failure to do so may result in dismissal of this case; and (7) If Ortiz wishes to seek relief from the Court, he must do so by filing a formal motion sent to the Clerk's Office. Every motion Ortiz files must include a written certification that he has mailed a copy of it to the Dfts or their counsel and state the date of mailing. The Court will disregard letters sent to the judge's chambers or motions lacking a certificate of service. Signed by Judge Joseph M. Hood on 10/1/2020.(MM)cc: COR and Heriberto Ortiz by US Mail
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Filing 10
ORDER: Accordingly, it is hereby ORDERED as follows: (1) Ortiz's motion to proceed in forma pauperis [R. #8 ] is GRANTED. Section 1915(b)(1) requires a prisoner-plaintiff to pay the $350.00 filing fee for a civil action as set forth below; (2) Within twenty-eight (28) days, Ortiz must pay $7.33 tothe Clerk as an initial partial filing fee. (3) The Clerk shall open an account in Ortiz's name for receipt of the filing fee. Clerk shall complete aNotice of Payment Form (Form EDKY 525) and shall serve a copy of this Order and the Notice of Payment Form upon the Jailer/Warden of the institution in which Ortiz is currently confined; (4) Each month Ortiz's custodian shall send the Clerk a payment in an amount equal to 20% of his income for thepreceding month out of his inmate trust fund account, but only if the amount in the account exceeds $10.00. custodian shall continue such monthly payments until the entire $350.00 filing fee is paid.(5) Ortiz must immediately advise the Clerk's Office of any change in his current mailing address. Failure to do so may result in dismissal of this case; and(6) This matter stands submitted for initial screening. Signed by Judge Joseph M. Hood on 9/8/2020. (Attachments: #1 EDKy Form 525) (MM)cc: COR, Finance, Warden of USP McCreary via US mail and Heriberto Ortiz by US Mail
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #8 MOTION for Leave to Proceed in forma pauperis by Heriberto Ortiz (MM)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #9 Prisoner Trust Fund Account Statement (MM)
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Filing 9
Prisoner Trust Fund Account Statement by Heriberto Ortiz, pro se. (Attachments: #1 Inmate Statement, #2 Envelope - Postmarked 9-1-2020)(MM)
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Filing 8
MOTION for Leave to Proceed in forma pauperis by Heriberto Ortiz, pro se. Motions referred to P SO. (Attachments: #1 Envelope - Postmarked 9-1-2020)(MM)
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Filing 7
Letter from Heriberto Ortiz, pro se, re: Pending Address Change. (Attachments: #1 Envelope - Postmarked 9-1-2020) (MM)
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Filing 6
ORDER: Accordingly, it is hereby ORDERED as follows: (1) Ortiz's motion to proceed in forma pauperis [R. #2 ] is DENIED WITHOUT PREJUDICE; (2) The Clerk of the Court will mark the assigned case number on (a) an affidavit of assets/in forma pauperis application [Form AO-240]; and (b) a Certificate of Inmate Account [EDKY Form 523] and send them to Ortiz; (3) Should Ortiz wish to pursue this federal action, he musteither pay the $350.00 filing fee and $50.00 administrative fee or(1) have the Certificate of Inmate Account certified by prisonstaff, (2) complete the Affidavit of Assets/In Forma PauperisApplication, and (3) file both of these documents with this Court;and (4) Ortiz must take these steps within thirty (30) days, orhis case will be dismissed without prejudice for failure toprosecute. Signed by Judge Joseph M. Hood on 08/13/2020. (Attachments: #1 AO 240, #2 EDKY 523) (MM)cc: COR and Heriberto Ortiz by US Mail
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Filing 4
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 Page)(MM)
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Filing 3
Prisoner Trust Fund Account Statement by Heriberto Ortiz, pro se. (Attachments: #1 Envelope - Postmark illegible)(MM)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Heriberto Ortiz, pro se. Motions referred to P SO. (Attachments: #1 Envelope - Postmark illegible)(MM)
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Filing 1
COMPLAINT referred to PSO, filed by Heriberto Ortiz, pro se. (Attachments: #1 Exhibit Request for Administrative Remedy, #2 Cover Letter, #3 Envelope - postmark illegible)(MM) Modified text on 8/13/2020 (MM).
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Complaint (MM)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #2 MOTION for Leave to Proceed in forma pauperis by Heriberto Ortiz (MM)
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Conflict Check run. (MM)
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