Wiley II v. State of Kentucky, Department of Corrections et al
| Allen Wiley II |
| State of Kentucky, Department of Corrections, Gary Beckstrom, Jamie Nickells, Billy J. Patrick, Todd Boyce, Travis Evans and Shawn McKenzie |
| 0:2011cv00097 |
| September 6, 2011 |
| US District Court for the Eastern District of Kentucky |
| Ashland Office |
| Morgan |
| PSO |
| Henry R. Wilhoit |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
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MEMORANDUM OPINION & ORDER, 1) Clerk modify CM/ECF sheet to reflect that a) dft Billy J. Patrick is also known as "Patrick Billys" and b) KDOC is a separate, specific dft in this proceeding 2) following claims are DISMISSED WITH PREJUDICE f or failure to state a claim upon which relief can be granted a) claim against State of KY the KDOC and all seven EKCC dfts in their official capacities b) that dft Patrick Billys and Jamie Nickells denied him a Quran for one day on 8/19/10 c) challen ging the conditions of his confinement in the "dry cell" between 8/19/10 and 9/11/10; d) claims alleging verbal abuse and verbal harrassment while he was confined for two weeks in "dry cell" e) claims alleging dft Shawn McKensie e xposed him to overflowing toilets, raw sewage and offensive odors between 9/11-12/10; f) freedom on religion claims and his 14th amendment equal protection claims challenging EKCC mail room placing a seven day hold on his incoming mail/religious lite rature g) claims alleging discovery of a dead rat in his soup on 5/1/11; h) claims alleging on 6/10/10 dft Shawn McKensie denied him access to his legal documents i) claims stemming from removal of his personal property on 6/10/11; j) claims alleging the discovery of ants in his Ramadan food tray on 8/1/11 k) claims alleging emotional distress l) claims steming from search of his cell by dfts Billys on 8/9/11 m) demand for damages n) demand for damages under RLUIPA o) negligent and intentional i nfliction of emotion distress against Commonwealth of KY the KDOC and EKCC dfts Gary Beckstrom; Jamie Nickells, Billy J. Patrick, Travis Evans, Shawn McKenzie and Heather Nickells,; 3) following claims are dismissed WITHOUT PREJUDICE a) Patrick Billy s and Jamie Nickells applied excessive force on him 8/19/10; b) due process claims that dft Heather Nickells denied him due process of law by filing a false disciplinary charge against him on 8/9/11 4) clerk shall terminate: Kentucky Department of C orrections, Shawn McKenzie, Jamie Nickells, Heather Nickells, Billy J. Patrick, State of Kentucky, Department of Corrections, Gary Beckstrom and Travis Evans terminated. 5) claims alleging that dft Todd Boyce denied him a Quran for one year and denie d him equal protection of the law and his pendant state law claims against Boyce alleging negligent and intentional infliction of emotional distress shall proceed 6) Ashland Clerk's office shall prepare and issue summons for dft Todd Boyce and a lso prepare as many copies of complaint and this order as there are summonses and any required USM 285. if insufficient info exists to complete any summons regarding Boyce clerk shall make entry on docket stating why clerk cannot complete summons or USM 285 or any other document necessary to effectuate service 7) Ashland Clerk shall send by cert mail the required service packets for dft Boyd to USMS in Lexingtgon, KY; Clerk shall enter the cert mail receipt into record and note on docket on date which packet was delivered to USMS; 8) USMS shall serve dft Todd Boyce by a) sending a service packet to him to be served by cert mail or reg. mail and b) sending a service packet to him to KDOC in Frankfort by cert or reg mail or c) personally serv ing a service packet upon him through any arrangement it may have with KDOC 10) Wiley shall advise Ashland Celrk of any change in current address; failure to do so may result in dismissal 11) Wiley must communicate with court solely through notices o r motions filed with Ashland Clerk's office; court will disregard sent directly to Judge 12) for every further pldg he wishes to submit serve upon each dft or counsel; and send original papers to be filed with clerk with certificate of service; if judge or mag. judge receives any document which has not be filed with clerk or fails to include cert of service court will disregard it.. Signed by Judge Henry R. Wilhoit, Jr on 11/21/12.(SMT)cc: COR, Wiley via USMail, USMS by cert mail service packet for dft Boyce
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