Neal v. Banks et al
Plaintiff: DeSean Neal
Defendant: Amy Ferguson, Christopher Banks, Julie Hinton, Lindon and Mullens
Case Number: 0:2019cv00049
Filed: May 24, 2019
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: P SO
Referring Judge: Henry R Wilhoit
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 17, 2019 Filing 11 SUMMONS Returned Executed via USM-285 to Christopher Banks served on 7/17/2019, answer due 8/7/2019; Amy Ferguson served on 7/17/2019, answer due 8/7/2019; Julie Hinton served on 7/17/2019, answer due 8/7/2019; Lindon served on 7/17/2019, answer due 8/7/2019; Mullens served on 7/17/2019, answer due 8/7/2019. (KSS)
July 3, 2019 Filing 9 Summons Issued as to Christopher Banks, Amy Ferguson, Julie Hinton, Lindon, Mullens,. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (JLS) (Additional attachment(s) added on 7/3/2019: #1 USM Time-stamped Summons) (JLS).
July 3, 2019 Opinion or Order Filing 8 ORDER : 1) the deputy clerk shall prepare five "Service Packets" for service upon the defts. Each packet shall include (a) a completed summons form; (b) Neal's complaint; (c) this Order, and (d) a completed USM Form 285; 2) the deputy clerk shall send the five packets to the USM in Lexington, KY and note the date of delivery in the docket; 3) The USM shall personally serve Unit Administrator Christopher Banks, Case Management Worker Amy Ferguson, Sergeant Julie Hinton, Unit Administrator Lindon, and Corrections Officer Mullens at the EKCC in West Liberty, KY; 4) Neal must immediately advise the clerk of any change in his current mailing address. If Neal fails to do so, the Court may dismiss his case.. Signed by Judge Henry R. Wilhoit, Jr on 7/3/19.(JLS)cc: COR, Neal via USMail
June 5, 2019 Opinion or Order Filing 7 ORDER: 1. Neal's motion for leave to proceed in forma pauperis DE #1 1-1 at 33-35 is GRANTED. Payment of the $50.00 Admin fee is WAIVED. However, pursuant to 28 U.S.C. 1915(b), Neal must pay the $350.00 filing fee in the manner set forth below. 2. Within 30 days from EOO Neal must pay the $7.55 to the Clerk of this Court as an initial partial filing fee. 3. The Clerk of the Court shall open an account in Neal's name for receipt of the filing fee. The Clerk shall complete KY 525 form and send to Warden of institution. 4. Once Neal pays the initial partial filing fee, his custodian shall send the Clerk of this Court a payment each month out of Neal's inmate trust fund account. This payment should be in an amount equal to 20% of Neal's income from preceding month. That said, the custodian shall only send a mthly pymt in the amt in Neal's acct exceeds $10 and continue mthly pymts until entire $350 is paid. 5. Neal's motion for the appt of counsel DE #1 1-1 at 36-39 is DENIED without prejudice. 6. This matter now stands submitted for initial screening pursuant to 28 U.S.C. 1915A and 1915(e)(2). Signed by Judge Henry R. Wilhoit, Jr on 6/5/19.(KSS)cc: COR, Neal, Warden (via US Mail)
June 4, 2019 ***FILE SUBMITTED TO CHAMBERS of PSO for review: #6 Letter, #5 Letter from Desean Neal, pro se (KSS)
June 3, 2019 Filing 6 Letter from DeSean Neal, pro se, re: attachments to complaint (Attachments: #1 Envelope postmarked 5/31/19) (KSS)
June 3, 2019 Filing 5 Letter from DS Neal, pro se with proposed summons (Attachments: #1 env from WDKY to EDKY, #2 env, pm 5-21-19, #3 proposed summons) (JLS)
May 28, 2019 Opinion or Order Filing 4 ORDER : 1) the clerk shall send Neal an Application to Proceed without Prepaying fees or Costs (AO 240 Form) and a Certificate of Inmate Account (ED Ky 523 Form); 2) Within 30 days from entry of this Order Neal must either (a) pay the $400 filing fee or (b) ask to pay the filing fee in installments by completing and filing both the App. to proceed without prepaying form and the Certificate of inmate account; 3) If Neal fails to take the foregoing steps within the time allotted the Court will dismiss his case; 4) Neal must also keep the clerk informed of his current address. Failure to do so may result in dismissal.. Signed by Judge Henry R. Wilhoit, Jr on 5/28/19.(JLS)cc: COR, Neal via USMail
May 24, 2019 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 page)(JLS)
May 24, 2019 Filing 1 COMPLAINT referred to Judge, filed by DeSean Neal, pro se. No filing fee or IFP enclosed (Attachments: #1 Various Grievance and Appeal Documents, #2 Env)(JLS)
May 24, 2019 Conflict Check run. (JLS)
May 24, 2019 ***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Complaint (Referred) (JLS)

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Plaintiff: DeSean Neal
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Defendant: Amy Ferguson
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Defendant: Christopher Banks
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Defendant: Julie Hinton
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Defendant: Lindon
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Defendant: Mullens
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