Gandy v. LeMaster et al
| James Ernest Gandy, Jr. |
| David LeMaster, Randa Moorman and Terri Boyd |
| 0:2023cv00011 |
| January 30, 2023 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| P SO |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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Filing 18
Duplicate Summons Returned Executed via USM -285 (JLS) Modified on 3/28/2023 to reflect this is a duplicate filing of DE 15 (KSS).
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Filing 17
Letter from James Ernest Gandy, Jr., pro se, to Cheryl Morgan X 2 identical letters (Attachments: #1 env x2, both pm 3-13-23) (JLS)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #17 Letter (JLS)
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Filing 16
MOTION to Correct the Record and MOTION for Reconsideration of Preliminary Injunction by James Ernest Gandy, Jr., pro se.Motions referred to P SO. (Attachments: #1 Cover Letter, #2 Envelope - no postmark)(KSS)
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Filing 15
SUMMONS Returned Executed via USMS Certified mail to Federal Bureau of Prisons and U.S. Attorney, EDKY served on 2/14/2023. (JLS)
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Filing 14
ORDER: 1) the Court GRANTS Gandy's #11 Motion Admit Evidence to the extent stated in this Order; 2) the Court DENIES Gandy's #9 Emergency Motion for Ex-Parte Preliminary Injunction and Temporary Restraining Order. Signed by Judge David L. Bunning on 2/17/23. (JLS)cc: CORand James Gandy by US Mail
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Filing 13
ORDER: 1) Gandy's #12 Motion to Amend is GRANTED. Gandy's amended Complaint shall serve as the operative pleading in this matter. Signed by Judge David L. Bunning on 2/17/23. (JLS)cc: CORand James Gandy by US Mail
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Filing 12
MOTION to Amend/Correct #1 Complaint (Referred), by James Ernest Gandy, Jr., pro se.Motions referred to P SO. (Attachments: #1 cover letter, #2 env, no pm)(JLS)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #12 MOTION to Amend/Correct #1 Complaint (Referred), by James Ernest Gandy, Jr., pro se. (JLS)
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Filing 11
MOTION Admit Evidence In Support of Ex Parte Preliminary Injunction and Civil Rights Action Bivens Claim re #9 MOTION for Ex-Parte Preliminary Injunction and Temporary Restraining Order (TRO) by James Ernest Gandy, Jr., pro se Motions referred to PSO. (Attachments: #1 Exhibit A- BOP Clinical Guidance, #2 Cover letter & Envelope postmarked 2/13/23)(KSS)
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Filing 10
MOTION to Amend #1 Complaint As A Matter of Course by James Ernest Gandy, Jr., pro se, with envelope no postmark Motions referred to PSO. (Attachments: #1 Cover Letter)(KSS) Modified on 2/15/2023 Clerk's Note: Clerk mailed copy of docket sheet in cases 0:23-cv-11 and 0:22-cv-91 as requested in this cover letter (KSS).
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Filing 9
MOTION for Ex-Parte Preliminary Injunction and Temporary Restraining Order (TRO) by James Ernest Gandy, Jr., pro se Motions referred to P SO. (Attachments: #1 Statement in Support, #2 Memorandum in Support, #3 Declaration in Support, #4 Proof of Service, #5 Proposed Order, #6 Envelope - no postmark)(KSS)
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Filing 7
Summons Issued as to Terri Boyd, David LeMaster, Randa Moorman,. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (JLS)
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Filing 6
ORDER : 1) The Court GRANTS Gandy's #3 ifp; 2) the court WAVES the $52.00 admin fee; 3) the clerk shall OPEN an acct in Gandy's name and complete a Form EDKY 525 and send to the warden at the institution where Gandy is confined; 4) W/I 28 days Gandy's custodian shall deduct $76.60 from Gandy's account and send to the clerk for initial payment; 5) each month Gandy's custodian shall SEND pmt from Gandy's acct equal to 20% of the amount deposited the preceding month until the $350.00 is paid in full; 6) the Court DENIES Gandy's #4 Motion to Join; 7) the clerk shall prepare "Service Packets" for service upon: (a) the USA, (b) FBOP, (c) Warden LeMaster, (d) Health Services Administrator Moorman and (d) PA Terri Boyd. Each packet shall consist of (a) summons, (b) #1 Complaint, (c) this Order, and (d) USM Form 285; 8) The clerk shall send the packet to the USMS in Lexington; 9) the USMS shall serve the USA by sending the packet certified mail to (a) Civil Process Clerk at the Office of the US Atty for the EDKY, (b) the Office of the Attorney General of the US in Washington; 10) the USMS shall serve the FBOP by certified mail to (a) Civil Process Clerk at the Office of the US Atty for the EDKY, (b) the Office of the Attorney General of the US in Washington and (c) Central Office of the FBOP in Washington, DC; 11) the USMS shall personally serve: (a) Warden LeMaster, (b) HSA Moorman, and (c) PA Boyd at FCI in Ashland through arrangement with the FBOP. Signed by Judge David L. Bunning on 2/2/23.(JLS)cc: CORand James Ernest Gandy, Jr. by US Mail
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #9 EMERGENCY MOTION for Ex-Parte Preliminary Injunction and Temporary Restraining Order by James Ernest Gandy, Jr., pro se (KSS)
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Filing 5
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)
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Filing 4
MOTION To Join Action with Civil Action 0:22-cv-91-DLB by James Ernest Gandy, Jr., pro se.Motions referred to P SO. (JLS)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by James Ernest Gandy, Jr., pro se.Motions referred to P SO. (Attachments: #1 Memorandum in Support, #2 Inmate Acct Stmt)(JLS)
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Filing 1
COMPLAINT referred to Judge, filed by James Ernest Gandy, Jr., pro se. (Attachments: #1 Memorandum in Support, #2 env, pm 1-26-23, #3 Cover letter)** cover letter indicates there was a 2241 Petition contained in the envelope, but no 2241 Petition was received.(JLS)
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Conflict Check run. (JLS)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #3 MOTION for Leave to Proceed in forma pauperis, #4 MOTION To Join Action with Civil Action 0:22-cv-91-DLB by James Ernest Gandy, Jr., pro se. (JLS)
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