Walker v. Carter County, KY et al
| David M. Walker |
| Carter County, KY, Sheriff of Carter County, Kentucky, Kevin McDavid, Larry Martin, Carter County Detention Center, Randy Binion, William Bailey, Sheila Binion, Martha McDavid, Denise Knipp, Shanna Sullivan, James Barker, Lorraine Savage, John Estepp, Hattie Messer, Crystal Wilburn, James Hackney, Keith Hollingsworth, Earl Tackett, Mary Brainard, John Fannin, David Manning, Jon McCormick, Maria Sargent, Southern Health Partners, Inc., Deborah Unknown, Kentucky State Police, Jim Shelton, Erik Kouns, Ben Tanner, Brad Wiley, Z. Thompson, Grayson City of Police Department, Travis Steele, Mike Fouch, Unknown John and Jane Doe and Kentucky, Commonwealth of |
| 0:2009cv00025 |
| March 9, 2009 |
| US District Court for the Eastern District of Kentucky |
| Habeas Corpus (Prison Condition) Office |
| XX US, Outside State |
| Henry R. Wilhoit |
| Pro Se |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
91
ORDER ADOPTING REPORT AND RECOMMENDATIONS: (1) 89 Report and Recommendation re 76 MOTION for Summary Judgment by Southern Health Partners, Inc., Inc. is adopted as the findings of fact and conclusions of law of the Court; (2) Defendant Southern Health Partners Inc's Motion for S/Jmt 76 is GRANTED; (3) Plaintiff's claims against Defendant Southern Health Partners Inc are DISMISSED WITH PREJUDICE. (Southern Health Partners, Inc. terminated as a party defendant.) Signed by Judge David L. Bunning on 3/7/2011. (CMR) cc: COR w/cc mailed to David M. Walker at his last known address of Federal Transfer Center, Oklahoma City, OK. Modified on 3/8/2011 to reflect additional copy mailed to Mr. Walker at USP Atlanta. (CMR).
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Filing
12
MEMORANDUM OPINION & ORDER, 1) following dfts are dismissed sua sponte w/prej as claims against them are time barred Mike Fouch; Mike Fouch; Grayson City of Police Department; James Hackney; James Hackney; ; Denise Knipp; Denise Knipp; Erik Kouns; Er ik Kouns; Larry Martin; Larry Martin; Jon McCormick; Jon McCormick; Kevin McDavid; Kevin McDavid; Hattie Messer; Hattie Messer; Maria Sargent; Maria Sargent; Jim Shelton; Jim Shelton; Sheriff of Carter County, Kentucky; Travis Steele; Travis Steele; Ben Tanner; Ben Tanner; Z. Thompson; Z. Thompson; Deborah Unknown; Crystal Wilburn; Crystal Wilburn; Brad Wiley; Brad Wiley; Mary Brainard and Mary Brainard terminated. 2) following dfts are dismissed sua sponte w/prej on Eleventh Amendment immunity grounds: Commonwealth of Kentucky and Kentucky State Police 3) to extent claims are based on actions taking place on 3/11/07 and 3/12/07 the following plf claims are dismissed sua sponte with prej as being time barred; the excessive force and eighth amendment beating claims conspiracy claims and claims of assault, battery, outrage and intentional infliction of emotional distress under KY tort Law 4) following claims are dismissed sua sponte w/o prej on ground that pla failed to state a federal c laim; all pla equal protection/discrimination claims, his first amendment claim of denial of access to courts, the eighth amendment food and drink claims, and fifth and fourteenth amendment due process claims 5) clerk in divisional office in which ca se lies shall prepare and issue summons for Carter County, Carter Co Detention Center and following in their official and individual capacaties; CCDC Jailer Randy Binion; chief Deputy Jailer William Bailey; Deputy Jailers Sheila Binion, Martha McDavi d, Shanna Sullivan, James Barker a/k/a Matt Barker, Lorraine Savage, John Estep a/k/a Cliff Estep, Keith Hollingsworth, Earle Tackett aka Ed Tackett John Fannin, David Manning and Southern Health Partners Inc., 6) pla shall be responsibile for proper service of all summonses and complaint under FRCP paying particular attention to Rule 4; 7) pla shall keep clerk informed of his current mailing address; failure to notify clerk of address may result in dismissal 8) for every further pldg or other d ocument he wishes to submit for consideration; pla shall serve upon each dft or counsel a copy of pldg or document; pla shall send original papers to clerk w/ a certificate of service stating the date a true and correct copy of document wasd mailed t o each dft or counsel; if Judge or Mag. Judge receives any document which has not been filed or which fails to include a cert of service will be disregarded by court; 9) clerk is directed to serve a copy of this order upon Offc of Gen Cnsl for KDOC in Frankfort, Kentucky. Signed by Judge David L. Bunning on 5/15/09.(SMT)cc: COR, to pla summons and copies of complaint for service pursuant to paragraph 5 Modified on 5/19/2009 to reflect copy to Kentucky Dpt of Corrections (SMT).
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