Anderson v. Worthington et al
| Arnold Ray Anderson, Jr. |
| Justin Taylor, Belinda Moore, Michael Worthington, Greenup County, John Doe 1-10, Jane Doe 1-10, Jeremy Hamrick and Shannon Worthington |
| 0:2018cv00098 |
| September 24, 2018 |
| US District Court for the Eastern District of Kentucky |
| P SO |
| Henry R Wilhoit |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on November 19, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 MOTION TO VOLUNTARILY DISMISS WITHOUT PREJUDICEby Arnold Ray Anderson, Jr Motions referred to P SO. (Attachments: #1 Cover ltr, #2 Env PM 11/15/18)(JLS) |
| Filing 14 Letter from Anderson, pro se with change of address. (Attachments: #1 Env PM 11/15/18) (JLS) |
| Filing 12 Summons Issued as to Jeremy Hamrick(Individually), Justin Taylor(Individually). Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (KSS) (Additional attachment(s) added on 11/2/2018: #1 USMS Time-Stamped Summons) (KSS). |
Filing 11
ORDER: 1. Anderson's motion for leave to proceed ifp DE #10 is GRANTED and pymt of $50 admin fee is WAIVED. Pursuant to 28 U.S.C. 1915(b) Anderson must pay the $350.00 filing fee in the manner set forth below: a. w/n 30 days form eoo, Anderson must pay $41.86 to Clerk of Court as initial partial filing fee b. The Clerk of Court shall open an account in Anderson's name for receipt of filing fee. Clerk shall then complete Notice of Pymt Form EDKY 525 and send copy of this Order and form to Warden of institution in which Anderson is currently confined c. Once Anderson pays the initial partial filing fee, his custodian shall send Clerk of Court a pymt ea month in an amt equal to 20% of Anderson's income from the preceding month, only if the amt in the acct exceeds $10.00, and continue pymts until entire $350 is paid 2. Since the Court has granted Anderson's fee motion at DE #10 his earlier fee motion DE #6 is DENIED AS MOOT. 3. Since Anderson's civil rights complaint at DE #9 supersedes his earlier complaints and is the operative pleading in this case, his earlier motion for leave to amend his complaint DE #5 is DENIED AS MOOT. 4. Anderson's claims against dfts Michael Worthington and Shannon Worthington in their ind and official capacities are DISMISSED for failure to state a claim upon which relief may be granted. 5. Anderson's claims against dfts Justin Taylor and Jeremy Hamrick in their official capacities are DISMISSED for failure to state a claim upon which relief may be granted. 6. Anderson's excessive force and retaliation claims against dfts Justin Taylor and Jeremy Hamrick in their indv. capacities MAY PROCEED. 7. A Deputy Clerk in the Ashland Clerk's Office shall prepare two "Service Packets" incl the items herein 8. The Ashland Deputy Clerk shall deliver the Service Pkts to the USMS in Lexington, KY and note date of delivery in docket. 9. The USMS shall personally serve one Service Packet upon Officer Justin Taylor and one Service Packet upon Officer Jeremy Hamrick at the Greenup Co. Detention Center, 100 Laurel Street, Greenup, KY 41144. 10. Within 21 days after being served, dfts Taylor and Hamrick must answer or otherwise respond to Anderson's complaint. 11. Since Anderson does not list any addl dfts in his complaint at DE #9 , the Clerk of Court SHALL TERMINATE all dfts from this action except for dfts Taylor and Hamrick in their individual capacities. 12. Anderson's motion requesting restraining order DE #7 is DENIED. 13. Anderson must immedly advised Clerk's office of any change to his current mailing address. If Anderson fails to do so, the Court will dismiss his case. 14. If Anderson wishes to seek relief from this Court he must do so by filing a formal motion sent to the Clerk's Office. Every motion Anderson 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 Henry R. Wilhoit, Jr on 11/1/18.(KSS)cc: COR, Anderson, Greenup Co. Jailer (via US Mail w/forms)
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| Filing 10 MOTION for Leave to Proceed in forma pauperis by Arnold Ray Anderson, Jr, pro se. Motions referred to P SO. (JLS) |
| Filing 9 COMPLAINT (NO PROCESS REQUESTED)., filed by Arnold Ray Anderson, Jr., pro se. *Note: Defendants listed on this Complaint for are not the same as on original complaint filed. (Attachments: #1 cover ltr, #2 env, no pm)(JLS) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #10 MOTION for Leave to Proceed in forma pauperis by Arnold Ray Anderson, Jr (JLS) |
| Filing 8 Prisoner Trust Fund Account Statement by Arnold Ray Anderson, Jr., pro se. (Attachments: #1 Env PM 10-11-18)(JLS) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: (JLS) |
| Filing 7 MOTION for Restraining Order to Prevent the Defendants from Destroying, Altering or Tampering with Videos, by Arnold Ray Anderson, Jr., pro se.Motions referred to P SO. (JLS) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Arnold Ray Anderson, Jr., pro se.Motions referred to P SO. (JLS) |
| Filing 5 MOTION For Leave to File First Amended Complaint or All as Part of Original Complaint by Arnold Ray Anderson, Jr., pro se.Motions referred to P SO. (Attachments: #1 Proposed First Amended Complaint, #2 Proposed Summons, #3 Various Misc. Documents Received in Envelope, #4 Cover Ltr, #5 Env PM 10-4-18)(JLS) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #7 MOTION for Temporary Restraining Order by Arnold Ray Anderson, Jr, #5 MOTION to Amend/Correct by Arnold Ray Anderson, Jr, #6 MOTION for Leave to Proceed in forma pauperis by Arnold Ray Anderson, Jr., pro se. (JLS) |
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Filing 4
ORDER : 1) the Clerk of Courts shall send Anderson the following forms (a) a Civil Rights Complaint Form (EDKY 520); (b) an Application to Proceed without prepaying Fees (AO 240); (c) a Certificate of Inmate Account (EDKY 523); 2) Within 30 days from the entry of this Order, Anderson must complete the Court-approved Civil Rights Complaint form (520) in its entirety and file with the Court; 3) Within 30 days from entry of this Order, Anderson must either pay the $400 in filing and administrative fees up front up front and in full or he must ask to pay the filing fee in installments by filing AO 240 and Form 523; 4) If Anderson fails to take the following steps within the time allotted, the Court will dismiss his case for failure to prosecute; 5) Finally, Anderson must also keep the Clerk informed of his current mailing address. Failure to notify the Clerk of any address change may result in dismissal of this case. Signed by Judge Henry R. Wilhoit, Jr on 9/26/18.(JLS)cc: COR, Deft with appropriate forms, via US Mail
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| Filing 3 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)(JLS) |
| Filing 1 COMPLAINT (NO PROCESS REQUESTED, no FEE ENCLOSED)., filed by Arnold Ray Anderson, Jr, pro se. (Attachments: #1 Civil Cover, #2 Env PM 9/20/18, #3 Ltr Requesting 1983 Form and Env pm 9/20/18)(JLS) |
| Conflict Check run. (JLS) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Complaint (JLS) |
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