Smith v. Eastern Kentucky Correctional Complex et al
| Joseph Francis Smith |
| Eastern Kentucky Correctional Complex, Coty Fields, Allan Dube, Joshua Adams and Rosetta Spears |
| 0:2024cv00004 |
| January 2, 2024 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 15
ORDER : 1) the clerk shall forward by certified mail, return receipt requested 4 copies of the #8 amended complaint; 4 Rule 4 Notice of a Lawsuit and Request to Waive Service of Summons to the address listed for the Office of Legal Services, Kentucky Dept of Corrections; 2) Counsel for the KDOC is requested to file a notice into the record w/i 30 days indicating whether defts Fields, Dube, Adams and Spears will waive formal service of process; 3) if the defts agree to waive service, they shall have 60 days to file an answer or other responsive pleading; 4) if any deft declines to waive service, KDOC shall file under seal an address where deft may be personally served by the USMS. Signed by Judge David L. Bunning on 3/1/24.(JLS)cc: CORand Joseph Francis Smith by US Mail
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| Filing 14 Habeas Filing Fee Filing fee received - $ 405.00, receipt number #660 (KSS) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #14 Filing Fee Received (KSS) |
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Filing 13
ORDER: 1) Smith's #9 Motion for Leave to Proceed in forma pauperis is DENIED; 2) Smith must pay the $405.00 filing fee on or before 3/22/24. The Court will dismiss the case w/o prejudice for failure to prosecute if he fails to do so. Signed by Judge David L. Bunning on 2/23/24. (JLS)cc: CORand Joseph Francis Smith by US Mail
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| Filing 12 Letter from Joseph F. Smith, pro se. (Attachments: #1 env, pm 2-16-24) (JLS) (Additional attachment(s) added on 2/20/2024: #2 Inmate Account Information) (JLS). |
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Filing 11
ORDER : 1) the clerk shall mark the assigned case number on a Form AO-240 and a EDKY Form 523 and send to Smith; 2) Smith must either pay the $405 or (a) have the prison certify the EDKY Form 523, (b) complete the Form AO-240 and (c) file both with the Court; 3) Smith must take these steps w/i 21 days or the Court will dismiss the case. Signed by Judge David L. Bunning on 2/1/24.(JLS)cc: CORand JOSEPH FRANCIS SMITH, with forms by US Mail
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| Filing 10 Prisoner Trust Fund Account Statement by Joseph Francis Smith, pro se. (JLS) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Joseph Francis Smith, pro se.Motions referred to P SO. (JLS) |
| Filing 8 PETITION for Writ of Habeas Corpus, filed by Joseph Francis Smith, pro se. (Attachments: #1 env, no pm)(JLS) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #8 Petition for Writ of Habeas Corpus, #9 MOTION for Leave to Proceed in forma pauperis, #10 Prisoner Trust Fund Account Statement filed pursuant to #7 Order. (JLS) |
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Filing 7
ORDER: (1) The Clerk shall mark assigned case number on (a) EDKY Form 520 (b) Form AO 240; and (c) EDKY Form 523 and send to Smith. (2) Smith must complete and file the complaint form, describing the facts of the case, specifically identifying the people, dates, places, and actions which are relevant to his claims and explain what he wants the Court to do. (3) Smith must either (a) pay the $405.00 in filing fees; or (b) have the EDKY 523 form certified by prison staff, complete the form AO-240 and file both documents with the Court. (4) Smith must take these steps within 28 days, or the Court will dismiss the case for failure to prosecute. Signed by Judge David L. Bunning on 1/7/24.(KSS)cc: CORand Smith by US Mail w/forms
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| Filing 6 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 4 CASE TRANSFERRED IN from District of Kentucky Western. Case number 1:23-cv-00179. Original file, certified copy of transfer order and docket sheet received. cc: Joseph Smith w/ docket sheet |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Complaint filed by Joseph Francis Smith, pro se. (Transferred from KYWD) (KSS) |
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Filing 3
MEMORANDUM AND ORDER by Senior Judge Joseph H. McKinley, Jr on 1/2/24: IT IS ORDERED that the instant action shall be TRANSFERRED to the United States District Court for the Eastern District of Kentucky, Northern Division, at Ashland, Kentucky, pursuant to 28 U.S.C. 1406(a) for all further proceedings. All further filings shall be filed with that court. Should further filings be filed in this case, the Clerk of Court shall transfer the filings to the Eastern District of Kentucky. cc: Plaintiff(pro se), ED/KY (DJT) [Transferred from kywd on 1/3/2024.]
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| Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Joseph H. McKinley, Jr.. (KDY) [Transferred from kywd on 1/3/2024.] |
| Filing 1 COMPLAINT filed by Joseph Francis Smith against Eastern Kentucky Correctional Complex, Coty Fields, Allan Dube, Joshua Adams, and Rosetta Spears. NO fee paid or IFP filed. (Attachments: #1 Index, #2 Attachment, #3 Summons) (KDY) [Transferred from kywd on 1/3/2024.] |
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