Carmack v. Legg et al
| Dennis Carmack |
| Timothy Legg, Christopher Banks and Timothy Wade |
| 0:2020cv00007 |
| January 27, 2020 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 11 filing fee Filing fee received - $ 49.95, receipt number 0003108 (JLS) |
| Filing 9 Summons Issued as to Christopher Banks, Timothy Legg, Timothy Wade,. 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 3/3/2020: #1 USMS Time-stamped receipt) (KSS). |
Filing 8
ORDER: (1) A Deputy Clerk shall prepare three "Service Packets" for service upon each of the three defendants, Legg, Wade and Banks. Those packets to include items listed herein (2) The Deputy Clerk shall send the Service Packets to the USMS in Lexington, KY, and note date of delivery in docket (3) The USMS shall personally serve one service packet upon each of the three dfts at EKCC (4) Within 21 days after being served, the Dfts must answer or otherwise respond to Carmack's complaint (5) Finally, Carmack must immediately advise the Clerk's Office of any change in his current mailing address. If Carmack fails to do so, the Court will dismiss his case. Signed by Judge David L. Bunning on 3/2/20.(KSS)cc: CORand Dennis Carmack by US Mail
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Filing 7
ORDER: (1) Carmack's Motion for Leave to Proceed in Forma Pauperis DE #6 is GRANTED. Payment of the $50.00 administrative fee is WAIVED. However, pursuant to 28 USC 1915(b) Carmack must pay $350 filing fee in manner set forth below (2) Within 30 days from EOO, Carmack must pay $49.95 to Clerk of Court as initial partial filing fee. (3) Clerk of Court shall open account for receipt of filing fee and complete Form EDKY 525 and send to Warden (4) Once Carmack pays the initial partial filing fee, his custodian shall send the Clerk of Court a pymt each month in amount equal to 20% of Carmack income from the preceding month only if the amount in account exceeds $10 and continue mthly payments until entire $350 filing fee is paid. (5) Carmack must keep the Clerk's Office apprised of any change in his address. If Carmack fails to notify the Clerk's Office of a change in his address, the Court may dismiss his case (6) Matter now stands submitted for initial screening. Signed by Judge David L. Bunning on 3/2/20.(KSS)cc: CORand Dennis Carmack by US Mail
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by Dennis Carmack, pro se. Motions referred to P SO. (Attachments: #1 env, no pm)(JLS) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #6 MOTION for Leave to Proceed in forma pauperis by Dennis Carmack, pro se. (JLS) |
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Filing 5
ORDER: d(1) Carmack's Motion to Proceed In Forma Pauperis DE #3 is DENIED WITHOUT PREJUDICE; (2) The Clerk of the Court shall mark the assigned case number on (a) an Affidavit of Assets/In Forma Pauperis Application (Form AO-240) and (b) a Certificate of Inmate Account form EDKY Form 523 and send them to Carmack; (3) Should Carmack wish to pursue this federal action, he must either pay the $350.00 filing fee and $50.00 administrative fee or (1) have the Certificate of Inmate Account form certified by prison staff (2) complete the Affidavit of Assets/In Forma Pauperis Application, and (3) file both of these documents with this Court; and (4) Carmack must take these steps within (30) days or his case will be dismissed without prejudice for failure to prosecute. Signed by Judge David L. Bunning on 1/28/20. (KSS)cc: CORand Dennis Carmack by US Mail
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| Filing 4 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) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Dennis Carmack, pro se. (received in envelope with complaint) Motions referred to PSO. (KSS) |
| Filing 1 COMPLAINT 3 summons(es) presented referred to PSO, filed by Dennis Carmack, pro se. (Attachments: #1 Proposed Summons, #2 Cover letter, #3 Certified Mail Envelope)(KSS) |
| Conflict Check run. (KSS) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #3 MOTION for Leave to Proceed in forma pauperis by Dennis Carmack, pro se (KSS) |
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