Borden v. Sexton et al
| Jason Dean Borden |
| Federal Bureau of Prisons, USA, Officer Sexton and Federal Bureau Industries |
| 0:2020cv00020 |
| February 24, 2020 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| P SO |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 40
TRANSFER ORDER: 1. The Clerk of the Court is directed to transfer this proceeding to the Ashland Docket of the Northern Division of this Court. See LR 3.2(a). 2. The Clerk of the Court shall mail copies of this Order to Borden at his address of record in Ayer, Massachusetts, as well to the following addresses: Jason Borden, Register Number 03460-033, FTC Oklahoma City, Federal Transfer Center, P.O. Box 898801, Oklahoma City, Oklahoma 73189; Jason Borden, Register Number 03460-033, USP McCreary, U.S. Penitentiary, Satellite Camp, P.O. Box 3000, Pine Knot, Kentucky 42635, AND Jason Dean Borden, # 03460-033, DEVENS - FEDERAL MEDICAL CENTER, Inmate Mail/Parcels, P.O. BOX 879AYER, MA 01432. Signed by Judge Danny C. Reeves on 2/25/2020.(RBB)cc: COR and Jason Dean Borden by US Mail as directed in Transfer Order. TRANSFERRED from London Division on 02/25/2020. Case Number 6:20-cv-45-DCR. Signed by Judge Danny C. Reeves on 2/25/2020.(RBB)cc: COR and Jason Dean Borden by US Mail as directed in Transfer Order.
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| Filing 39 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)(KJA) |
| ***FILE SUBMITTED TO CHAMBERS of Bunning for review: 41 Case Assignment, #40 Case Transferred In - Other Divisional Office. (JLS) |
| Filing 37 CASE TRANSFERRED IN from District of Massachusetts. Case number 1:19-cv-12306. Original file, certified copy of transfer order and docket sheet received electronically. cc: Plaintiff w/ copy of the docket sheet |
| Conflict Check run. (CBD) |
| Filing 36 Case transferred to Eastern District of Kentucky. Case electronically extracted to Clerk in that district. (Vieira, Leonardo) [Transferred from mad on 2/24/2020.] |
| Filing 35 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #34 Motion to Change Venue Plaintiff Jason Bordens Motion to Change Venue is hereby ALLOWED only to the extent that the motion seeks a change of venue. It is FURTHER ORDERED pursuant to 28 U.S.C. 1404(a) that this action is hereby TRANSFERRED to the United States District Court for the Eastern District of Kentucky for the convenience of the parties and witnesses, in the interest of justice. (PSSA, 5) [Transferred from mad on 2/24/2020.] |
| Filing 34 MOTION to Change Venue by Jason Dean Borden. (Attachments: #1 Copy) (Vieira, Leonardo) (Additional attachment(s) added on 1/28/2020: #2 Envelope) (Castilla, Francis). [Transferred from mad on 2/24/2020.] |
| Filing 33 Filing fee/payment: $400.00, receipt number 1BST078306 for #1 Complaint, 29 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered...(Coppola, Katelyn) [Transferred from mad on 2/24/2020.] |
| Filing 32 MOTION for leave to clarify order of docket filings by Jason Dean Borden. (Vieira, Leonardo) [Transferred from mad on 2/24/2020.] |
| Filing 31 MOTION re 29 Order on Motion for Leave to Proceed in forma pauperis by Jason Dean Borden.(Vieira, Leonardo) [Transferred from mad on 2/24/2020.] |
| Filing 30 MOTION to Appoint Counsel by Jason Dean Borden. (Attachments: #1 Letter) (Vieira, Leonardo) [Transferred from mad on 2/24/2020.] |
| Filing 29 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered denying #20 Motion for Leave to Proceed in forma pauperis On November 12, 2019, Jason Borden was Ordered to either pay the $400 filing and administrative fee or file a motion to proceed in forma pauperis, specifically addressing his three strikes status. On December 3, 2019, Borden filed, among other things, a motion to proceed in forma pauperis (ECF No. 20) and a response addressing his three-strikes status under 28 U.S.C. 1915(g) (ECF No. 23). Borden claims, among other things, that (1) he received judgments in his favor on those cases, (2) the other cases did not deal with the subject matter in this action, (3) he was not required to pay a fee in all of those cases, (4) he need not pay a filing fee based upon the nature of the action. Other than Bordens assertions, he has not demonstrated that the actions identified in the November 12, 2019 Order do not bar in forma pauperis status under 28 U.S.C. 1915(g). Bordens remaining arguments are unmeritorious. Finally, Borden has not demonstrated that at the time of the filing of this action he was under imminent danger of serious physical injury. 28 U.S.C. 1915(g). Accordingly, the motion to proceed in forma pauperis (ECF No. 20) is hereby DENIED. It is FURTHER ORDERED that Borden shall pay the $400 filing fee by January 17, 2020. Failure to comply with this order will result in dismissal of this action. (PSSA, 5) Modified on 12/27/2019 (PSSA, 5). [Transferred from mad on 2/24/2020.] |
| Filing 28 Letter/request (non-motion) from Jason Dean Borden. (Attachments: #1 Exhibit)(Vieira, Leonardo) [Transferred from mad on 2/24/2020.] |
| Filing 27 ELECTRONIC NOTICE of Case RE-Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) [Transferred from mad on 2/24/2020.] |
| Filing 26 Letter/request (non-motion) from Jason Dean Borden. (Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 25 Copy of #14 Plaintiff's first set of Interrogatories to Defendants by Jason Dean Borden. (Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 24 NOTICE of filing duplicate of #13 MOTION for Leave to File an actual Federal Civil Lawsuit pursuant to the denied claims of injury TORT request from safety Ashland FCI, issued second to Regional Counsel- Northeastern District, (BOP), (FPI),(Unicor),(U.S. of A.). filed by Jason Dean Borden. (Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 23 MOTION for Leave to Proceed pursuant to 28 U.S.C. 1915(g) is considered moot in (PREA) with injury. (3-Strikes) filed by Jason Dean Borden.(Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 22 NOTICE of filing Plaintiff's First Requests for production of documents Fed R. Civ. Proc. 26(b)(1) relevant to PREA and/or other/any filed by Jason Dean Borden (Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 21 Proposed Document(s) submitted by Jason Dean Borden. Document received: Proposed Order re #9 Motion for Leave to appointment of Guardian ad Litem. (Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 20 MOTION for Leave to Proceed in forma pauperis by Jason Dean Borden.(Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 19 MOTION for Leave to Appoint Legal Counsel pursuant to Federal Rules of Civil Procedure (Incompetence, Disabled) filed by Jason Dean Borden. (Attachments: #1 Apendix A)(Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 18 MOTION for Leave for the contents of FOIA Request #2020 00757 be entered into USDC Docket record herin for cause to preoceed in forma puaperis, cause to Appoint Legal counsel. Cause for leave to file criminal complaint filed by Jason Dean Borden.(Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 17 NOTICE of filing Certificate of Inmate Account by Jason Dean Borden (Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 16 Plaintiff's First Requests for production of documents Fed.R.Civ.Proc. (26)(b)(1) relevat to PREA and/or other/any filed by Jason Dean Borden (Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 15 Letter/request (non-motion) from Jason Dean Borden. (Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 14 Plaintiff's first set of Interrogatories to Defendants filed by Jason Dean Borden (Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 13 MOTION for Leave to File an actual Federal Civil Lawsuit pursuant to the denied claims of injury TORT request from safety Ashland FCI, issued second to Regional Counsel- Northeastern District, (BOP), (FPI),(Unicor),(U.S. of A.). filed by Jason Dean Borden. (Attachments: #1 Attachments)(Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 12 MOTION for Leave to proceed. Motion for 180 day Extension of Time to file Federal Lawsuit pursuant to Rules of Civil Procedure of TORT filed by Jason Dean Borden.(Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 11 MOTION for leave requesting a De Novo Review Three Judge Panel and Change of Venue filed by Jason Dean Borden.(Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 10 Letter/request (non-motion) from Jason Dean Borden. (Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 9 MOTION for Leave Appointment of Guardian ad Litem pursuant to the Americans with Disabilities Act filed by Jason Dean Borden.(Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 8 Letter/request (non-motion) filed by Nancy D. (Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 7 Letter/request (non-motion) from Jason Dean Borden. (Belmont, Kellyann) [Transferred from mad on 2/24/2020.] |
| Filing 6 Magistrate Judge M. Page Kelley: ORDER entered. (PSSA, 5) [Transferred from mad on 2/24/2020.] |
| Filing 5 NOTICE of Case Assignment. Magistrate Judge M. Page Kelley assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) [Transferred from mad on 2/24/2020.] |
| Filing 4 MOTION for Leave to Proceed Motion for 180 day Extension to File Federal Lawsuit Pursuant to Rules of Civil Procedure of Tort by Jason Dean Borden.(Castilla, Francis) [Transferred from mad on 2/24/2020.] |
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Filing 3
MOTION for Leave to Object Order dated October 7, 2019 signed by Judge Henry R. Wilhoit Jr by Jason Dean Borden.(Castilla, Francis) [Transferred from mad on 2/24/2020.]
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| Filing 2 MOTION for Leave requesting a De Novo Review Three Judge Panel and Change Venue by Jason Dean Borden.(Castilla, Francis) [Transferred from mad on 2/24/2020.] |
| Filing 1 COMPLAINT against All Defendants, filed by Jason Dean Borden. (Attachments: #1 Exhibit)(Castilla, Francis) [Transferred from mad on 2/24/2020.] |
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