Wiley v. Green, et al
Plaintiff: Allen Wiley II and Allen Wiley, III
Defendant: David Green, Nicholas Cleverger, Tyler Bailey, Dwayne Skaggs and Zach Curry
Case Number: 0:2023cv00078
Filed: July 17, 2023
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: David L Bunning
Referring Judge: P SO
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2023 Filing 13 Summons Returned Executed by Allen Wiley, III as to Tyler Bailey served on 8/30/2023, answer due 9/20/2023; Nicholas Cleverger served on 8/30/2023, answer due 9/20/2023; Zach Curry served on 8/30/2023, answer due 9/20/2023; David Green served on 8/30/2023, answer due 9/20/2023; Dwayne Skaggs served on 8/30/2023, answer due 9/20/2023. (JLS)
August 22, 2023 Opinion or Order Filing 12 ORDER : 1) To the extent Wiley's #11 Notice seeks relief from this Court, that request is DENIED; 2) the next step in litigation is for Defts to answer the Complaint. Once done, the Court will issue a new order in this case.. Signed by Judge David L. Bunning on 8/22/23.(JLS)cc: CORand Alley Wiley, III by US Mail
August 18, 2023 Filing 11 NOTICE of filing "Criminal Complaint" by Allen Wiley, III, pro se. (JLS)
August 10, 2023 Filing 9 Summons Issued as to Tyler Bailey, Nicholas Cleverger, Zach Curry, David Green, Dwayne Skaggs 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 8/10/2023: #2 receipt) (JLS).
August 10, 2023 Opinion or Order Filing 8 ORDER : 1) Wiley's claims against the DKOC are DISMISSED; 2) Wiley may proceed with is claims against the 5 EKCC employees; 3) the clerk shall prepare Service Packets for David Green; Nicholas Clevenger; Tyler Bailey; Dwayne Skaggs and Zach Curry which shall include: (1) a summons form, (b) the Complaint, (c) this order and (d) a completed USM Form 285; 4) the clerk shall send the packets to the USMS in Lexington and note the date of delivery; 5) the USMS shall personally serve the defts, at EKCC, 200 Road to Justice, West Liberty, KY and it shall do so through arrangement with the appropriate officials at the institution; 6) w/i 21 days from service, the defts must answer Wiley's complaint; and 7) Wiley must immediately advise the clerk's office of any change in address. If he fails to do so, the Court will dismiss his case.. Signed by Judge David L. Bunning on 8/10/23.(JLS)cc: CORand Allen Wiley, III by US Mail
August 7, 2023 Filing 7 Filing fee Filing fee received - $ 402.00, receipt number 499. (JLS)
August 7, 2023 ***FILE SUBMITTED TO CHAMBERS of PSO for review: #7 Filing Fee Received. (JLS)
July 31, 2023 Filing 6 Letter from Allen Wiley, pro se. (Attachments: #1 env, pm 7/25/23) (JLS)
July 31, 2023 CLERK'S VIRTUAL NOTICE TO Allen Wiley re #6 Letter : In response to your inquiry regarding the return of your filing fee, the balance due after the $350 fee was $52.00 for the administrative fees. A partial payment cannot be accepted by the clerk, therefore, absent an order of the Court, the total fee for filing a new 1983 Civil Action is $402.00. cc: Allen Wiley by US Mail (JLS)
July 19, 2023 Opinion or Order Filing 5 ORDER: (1) Wiley's current motion for leave to proceed in forma pauperis DE #3 is DENIED without prejudice; (2) The Clerk's Office shall send Wiley a. AO 240 Form b. EDKy 523 form (3) Within thirty (30) days from the entry of this Order, Wiley must either (a) pay the full $402.00 in filing and administrative fees or (b) properly ask to pay only the $350.00 filing fee by completing and filing both forms (the correct way to pursue pauper status in this district). If Wiley chooses to file the AO240 and EDKy 523 forms, the latter form must be certified by a prison official (4) If Wiley fails to comply with this Order within the time allotted, the Court will dismiss the case without prejudice. Signed by Judge David L. Bunning on 7/19/23.(KSS)cc: CORand Wiley by US Mail
July 17, 2023 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 Page)(JLS)
July 17, 2023 Filing 3 MOTION for Leave to Proceed in forma pauperis by Allen Wiley II, pro se.Motions referred to P SO. (JLS)
July 17, 2023 Filing 1 COMPLAINT 1 summons(es) presented referred to Judge PSO, filed by Allen Wiley II, pro se. EKCC Check No. 0098697 in the amount of $350 received and returned for incomplete payment. (Attachments: #1 Supporting documents, #2 Proposed Summons, #3 env, no pm)(JLS)
July 17, 2023 Conflict Check run. (JLS)
July 17, 2023 MOTIONS REFERRED: #3 MOTION for Leave to Proceed in forma pauperis by Allen Wiley II, pro se.Motions referred to P SO. (JLS)

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Plaintiff: Allen Wiley II
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Plaintiff: Allen Wiley, III
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Defendant: David Green
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Defendant: Nicholas Cleverger
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Defendant: Tyler Bailey
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Defendant: Dwayne Skaggs
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Defendant: Zach Curry
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