Michael Fiorito v. Dr. Love et al
| Michael Fiorito |
| Ian Connors, Dr. Thomas Love, Dr. Peikar, United States of America, John and Jane Doe[s], Mr. Edwards, Brown, Stewart, Keller, Poyner, Ms. Bishop, Hoang, Deputy Guthrie, Thomas Love, Mr. Anderson, Warden Entzel, Dr. Gomez, Weaver, Dr. Bueno, HCU Manager Coleman, Doe Defendants and USA |
| 0:2018cv00099 |
| September 26, 2018 |
| US District Court for the Eastern District of Kentucky |
| Ashland Office |
| P SO |
| Henry R Wilhoit |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on October 17, 2018. A more recent docket listing may be available from PACER.
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| Filing 25 SUMMONS Returned Executed via USM-285 to (1) Dr. Thomas Love (2) Dr. Gomez (3) Unit Manager Edwards (4) Ms. Brown (food service supervisor) (5) Mr. Stewart (food service supervisor) (6) Case Manager Guthrie, and (7) Assistant Warden Bishop all served on 10/16/2018, answer due 11/6/2018. (KSS) |
| Filing 23 Summons Issued as to Bishop Assistant Warden, Brown(Ms, Food Service Employee), Edwards(Mr, Unit Manager, Individual), Gomez(Doctor at FCI Ashland, Guthrie, Plaintiffs Case Mngr at FCI Ashland, Thomas Love(Orthopedic Doctor at FCI Ashland, Stewart, Mr., Food Service Employee, United States Attorney, United States Attorney General. 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 10/4/2018: #1 USM Time-stamped Summons) (JLS). |
Filing 22
ORDER: 1. The Deputy Clerk shall prepare nine "Service Packets" for service upon the dfts. Specifically, one service packet for each FCI-Ashland employee listed as a dft: (1) Dr. Thomas Love (2) Dr. Gomez (3) Unit Manager Edwards (4) Ms. Brown (food service supervisor) (5) Mr. Stewart (food service supervisor) (6) Case Manager Guthrie, and (7) Assistant Warden Bishop. The Deputy Clerk shall also prepare two service packets for service upon the United States of America. Each packet shall include a. a completed summons form b. the complaint DE 1 c. this Order; and d. a completed USM Form 285. 2. The Deputy Clerk shall send the nine srv pkts to the USMS in Lex, KY and note the date of delivery in the docket. 3. The USMS shall personally serve prison employees Dr. Thomas Love, Dr. Gomez, United Manager Edwards, Ms. Brown, Mr. Stewart, Case Manager Guthrie and Assistant Warden Bishop at the FCI in Ashland, KY through arrangement with the BOP. 4. The USMS shall also serve the USA by sending one pkt by certified or registered mail to the Civil Process Clerk at the Office of the US Atty for EDKY and one srv pkt by certified or registered mail to the Office of Atty General of the US in Washington, DC. 5. Fiorito must immediately advise the Clerk's office of any change in his current mailing address. If Fiorito fails to do so, the Court may dismiss his case. 6. If Fiorito wishes to seek relief from the Court, he must do so by filing a formal motion sent to the Clerk's Office. Every motion Fiorito 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 10/3/18.(KSS)cc: COR, Fiorito (via US Mail)
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| Filing 21 COPY OF SUPPLEMENTAL ORDER from USDC Central District of California transferring claims to Eastern District of Kentucky (KSS) |
| Filing 20 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)(KSS) |
| Conflict Check run. (CBD) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #16 Amended Report and Recommendations, #17 Order Adopting Report and Recommendations. (CBD) |
| Filing 18 CASE TRANSFERRED IN from District of California Central. Case number 5:18-cv-00506. Original file, certified copy of transfer order and docket sheet received electronically. cc: Pla via US Mail w/ copy of docket sheet (CBD). |
| Parties terminated per #16 , #17 : Bishop (Assistant Warden, Official Capacity), Bishop (Assistant Warden, Individual), Bueno (at FCI Victorville, Official Capacity), Bueno (at FCI Victorville, Individual), Coleman (Physicians Assistant at FCI Victorville, Official Capacity), Coleman (Physicians Assistant at FCI Victorville, Individual), Ian Connors (Administrative Remedy Coordinator at BOP Central Office, Official Capacity), Ian Connors (Administrative Remedy Coordinator at BOP Central Office, Individual), Doe Defendants (at FCI Gilmer, Individual), Doe Defendants (at FCI Gilmer, Official Capacity), Entzel (FCI Victorville, Individual ), Entzel (FCI Victorville, Official Capacity), Guthrie (Plaintiffs Case Mngr at FCI Ashland, Official Capacity), Guthrie (Plaintiffs Case Mngr at FCI Ashland, Individual ), Hoang (Physicians Assistant at FCI Victorville, Individual), Hoang (Physicians Assistant at FCI Victorville, Official Capacity), John and Jane Doe[s] (at FCI Victorville, Individual), John and Jane Doe[s] (at FCI Victorville, Official Capacity), Keller (Mr.), Peikar (at FCI Victorville, Official Capacity), Peikar (at FCI Victorville, Individual ), Poyner (Health Services Administrator at FCI Victorville, Official Capacity), Poyner (Health Services Administrator at FCI Victorville, Individual), United States of America (Official Capacity), Weaver (Hospital Services Administrator, Official Capacity), Weaver (Hospital Services Administrator, Individual), Anderson (Official Capacity) and Anderson (Individual). (CBD) |
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Filing 17
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge John F. Walter. IT IS THEREFORE ORDERED that: (1) the claims against Ian Connor and the Doe Defendants located in Washington DC are dismissed without leave to amend; (2) the damages claims against the individual Defendants in their official capacities are dismissed without leave to amend; (3) Plaintiff's Bivens claims against Defendants Dr. Anderson, HSA Weaver, and the Doe Defendants at FCI Gilmer, as well as the FTCA claims against the United States based on these Defendants' behavior, are severed and transferred to the Northern District of West Virginia; and (4) Plaintiff's Bivens claims against Defendants Dr. Thomas Love, Dr. Gomez, Unit Manager Edwards, Ms. Brown and Mr. Stewart, as well as the FTCA claims against the United States based on these Defendants' behavior, are severed and transferred to the Eastern District of Kentucky. #16 . (sbou) [Transferred from cacd on 9/27/2018.]
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| Filing 16 AMENDED REPORT AND RECOMMENDATION issued by Magistrate Judge Karen E. Scott. Re: Complaint (Prisoner Civil Rights) #1 . For the reasons explained below, it is recommended that the claims against Defendants at FCI Gilmer and FCI Ashland be severed from this action and transferred to the appropriate districts in West Virginia and Kentucky. It is also recommended that certain claims and Defendants be dismissed without leave to amend. This Amended R&R addresses Plaintiff's objections to the initial R&R. (jdo) [Transferred from cacd on 9/27/2018.] |
| Filing 15 PLAINTIFF'S OBJECTION to Report and Recommendation (Issued), #7 filed by Plaintiff Michael Fiorito.(sbou) [Transferred from cacd on 9/27/2018.] |
| Filing 14 RESPONSE to Order on Motion for Order, #11 , filed by Plaintiff Michael Fiorito. (sbou) [Transferred from cacd on 9/27/2018.] |
| Filing 13 MINUTES (IN CHAMBERS) by Magistrate Judge Karen E. Scott: granting #12 Plaintiff's Motion for Continuance #12 and Excusing Officials at FCI Florence from Filing Updated Status Report #11 . Objections to R&R due by 9/17/2018. IT IS FURTHER ORDERED the portion of the Court's August 7, 2018 order requiring officials at FCI Florence to submit documents for in camera review and an Updated Status Report is VACATED AS MOOT. Officials need no longer submit these documents. (jdo) [Transferred from cacd on 9/27/2018.] |
| Filing 12 PLAINTIFF'S MOTION for Continuance Pursuant to Fed.R.Civ.P. filed by Plaintiff Michael Fiorito. (sbou) [Transferred from cacd on 9/27/2018.] |
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Filing 11
MINUTES (IN CHAMBERS) Order re Plaintiff's Motion to Compel (Dk. 10) by Magistrate Judge Karen E. Scott. IT IS HEREBY ORDERED that, on or before August 20, 2018, the Litigation Coordinator at FCI Florence shall submit the following for in camera review: (1) BOP documents sufficient to demonstrate when and how Plaintiff has been allowed to access the Electronic Law Library since his transfer to the SHU, and (2) BOP documents sufficient to show whether Plaintiff remains in the SHU and, if so, when he is expected to be released from the SHU. IT IS FURTHER ORDERED that, on or before August 20, 2018, the Litigation Coordinator shall also submit an Updated Status Report responding to Plaintiff's allegations that he is unable to access the Electronic Law Library in a meaningful manner due to his alleged physical disability. IT IS FURTHER ORDERED that Plaintiff's August 14 deadline for filing objections to the R&R is VACATED. The Court will set a new deadline for filing objections after receiving the requested response from FCI Florence. (See document for further details.) #10 (Attachments: #1 Attachment 1) (sbou) [Transferred from cacd on 9/27/2018.]
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| Filing 10 MOTION to Compel filed by Plaintiff Michael Fiorito. (sbou) [Transferred from cacd on 9/27/2018.] |
| Filing 9 MINUTES (IN CHAMBERS) by Magistrate Judge Karen E. Scott GRANTING Plaintiff's Motion for Extension of Time to File Objections and Request for Information from Litigation Coordinator at FCI Florence. Plaintiff has until August 14, 2018 to file objections to the R&R. (jdo) [Transferred from cacd on 9/27/2018.] |
| Filing 8 REQUEST for Extension of Time to File Objection to Report and Recommendation #7 filed by Plaintiff Michael Fiorito. (mt) [Transferred from cacd on 9/27/2018.] |
| Filing 7 REPORT AND RECOMMENDATION issued by Magistrate Judge Karen E. Scott. Re Complaint (Prisoner Civil Rights) #1 . IT IS THEREFORE RECOMMENDED that the District Court issue an Order (1) approving and accepting this R&R, (2) dismissing without leave to amend the claims against Ian Connor and the Doe Defendants located in Washington DC, and (3) dismissing without leave to amend the damages claims against the United States and the other Defendants in their official capacities, (4) severing Plaintiff's Bivens claims against Defendants Dr. Anderson, HSA Weaver, and the Doe Defendants at FCI Gilmer and transferring them to the Northern District of West Virginia, and (5) severing Plaintiff's Bivens claims against Defendants Dr. Thomas Love, Dr. Gomez, Unit Manager Edwards, Ms. Brown and Mr. Stewart, and transferring them to the Eastern District of Kentucky. (jdo) [Transferred from cacd on 9/27/2018.] |
| Filing 6 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Karen E. Scott. Objections to R&R due by 6/14/2018. (jdo) [Transferred from cacd on 9/27/2018.] |
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Filing 5
ORDER by Magistrate Judge Karen E. Scott: granting #2 REQUEST for Leave to Proceed without Prepayment of Filing Fee. It is further ORDERED that the prisoner-plaintiff owes the Court the initial filing fee of $350.00. An initial partial filing fee of $47.00 must be paid within 30 days of the date of this order. Thereafter, monthly payments shall be forwarded to the Court in accordance with this order. (jdo) [Transferred from cacd on 9/27/2018.]
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| Filing 4 Letter from Michael Fiorito (dro) [Transferred from cacd on 9/27/2018.] |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge John F. Walter and referred to Magistrate Judge Karen E. Scott. (lh) [Transferred from cacd on 9/27/2018.] |
| Filing 2 REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by Plaintiff Michael Fiorito. (lh) [Transferred from cacd on 9/27/2018.] |
| Filing 1 CIVIL RIGHTS COMPLAINT filed against Defendants Anderson(Individual), Anderson(Official Capacity), Bishop(Assistant Warden, Official Capacity), Bishop(Assistant Warden, Individual), Brown, Brown, Bueno(at FCI Victorville, Individual), Bueno(at FCI Victorville, Official Capacity), Coleman(Physicians Assistant at FCI Victorville, Official Capacity), Coleman(Physicians Assistant at FCI Victorville, Individual), Ian Connors(Administrative Remedy Coordinator at BOP Central Office, Official Capacity), Ian Connors(Administrative Remedy Coordinator at BOP Central Office, Individual), Doe Defendants(at FCI Gilmer, Official Capacity), Doe Defendants(at FCI Gilmer, Individual), Edwards(Mr, Unit Manager, Individual), Edwards(Mr, Unit Manager, Official Capacity), Entzel(FCI Victorville, Individual ), Entzel(FCI Victorville, Official Capacity), Gomez(Doctor at FCI Ashland, Official Capacity), Gomez(Doctor at FCI Ashland, Individual), Guthrie(Plaintiffs Case Mngr at FCI Ashland, Official Capacity), Guthrie(Plaintiffs Case Mngr at FCI Ashland, Individual ), Hoang(Physicians Assistant at FCI Victorville, Official Capacity), Hoang(Physicians Assistant at FCI Victorville, Individual), John and Jane Does(at FCI Victorville, Individual), John and Jane Does(at FCI Victorville, Official Capacity), Keller, Thomas Love(Orthopedic Doctor at FCI Ashland, Official Capacity), Thomas Love(Orthopedic Doctor at FCI Ashland, Individual), Peikar(at FCI Victorville, Official Capacity), Peikar(at FCI Victorville, Individual ), Poyner(Health Services Administrator at FCI Victorville, Individual), Poyner(Health Services Administrator at FCI Victorville, Official Capacity), Stewart(Mr, Food Service Employee / Plaintiffs Direct Super, Individual), Stewart(Mr, Food Service Employee / Plaintiffs Direct Super, Official Capacity), United States of America, Weaver(Hospital Services Administrator, Individual) pursuant to 28:1331 Bivens. Case assigned to Judge John F. Walter and referred to Magistrate Judge Karen E. Scott., filed by Plaintiff Michael Fiorito. (lh) [Transferred from cacd on 9/27/2018.] |
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