Myers v. Campbell County Detention Center et al
| James Kline Myers |
| James Daley, Campbell County Detention Center, Southern Health Partners and Kentucky Department Corrections |
| 2:2021cv00036 |
| March 17, 2021 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing 11
ORDER: 1. Myers' Motion to Appoint Counsel #9 is DENIED. 2. The Clerk of the Court shall mark the assigned case number on a Sixth Circuit Form 4 and a Certificate of Inmate Account [EDKY Form 523] and forward both to Myers. 3. To proceed on appeal, Myers must either pay the $505.00 appellate filing fee to the Clerk of the Court or (1) have prison staff certify the Certificate of Inmate Account [EDKY Form 523], (2) complete the Sixth Circuit Form 4, and (3) file both of these documents with this Court (the District Court, not the United States Court of Appeals for the Sixth Circuit). 4. Myers must take each of these steps within thirty (30) days or the Sixth Circuit will dismiss the appeal for failure to prosecute. 5. The Clerk of the Court shall forward a copy of this Order to the Clerk of the United States Court of Appeals for the Sixth Circuit. Signed by Judge William O. Bertelsman on 4/27/2021.(ECO)cc: COR, 6CCA and James Kline Myers (with copy of Order, Sixth Circuit Form 4 and KYED Form 523) by US Mail
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| Filing 10 USCA Case Number 21-00036 Case Manager Monica M. Page for #8 Notice of Appeal filed by James Kline Myers. (ECO) |
| Filing 9 MOTION to Appoint Counsel by James Kline Myers, pro se. Motions referred to P SO. (Attachments: #1 Envelope post marked 4/21/2021)(ECO) |
| Filing 8 NOTICE OF APPEAL as to #7 Judgment, by James Kline Myers, pro se (SHORT RECORD MAILED). cc: COR, 6CCA (Attachments: #1 Envelope post marked 4/21/2021)(ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #9 MOTION to Appoint Counsel by James Kline Myers (ECO) |
| Filing 7 JUDGMENT: 1. Plaintiff James Kline Myers complaint #1 is DISMISSED WITHOUT PREJUDICE. 2. This action is DISMISSED and STRICKEN from the Court's docket. 3. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge William O. Bertelsman on 4/12/2021.(ECO)cc: COR and James Kline Myers by US Mail |
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Filing 6
MEMORANDUM OPINION & ORDER: 1.Myers' motion to proceed in forma pauperis #3 is GRANTED. Section1915(b)(1) requires a prisoner-plaintiff to pay the $350.00 filing fee for a civil action as set forth below.2.The financial documentation filed by Myers indicates that he lacks sufficient income or assets to pay the initial partial filing fee required by 28 U.S.C.1915(b)(1)(A), and payment of such fee is therefore DEFERRED.3.The Clerk of the Court shall open an account in Myers' name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form (Form EDKY 525) with (a) Myers' name, (b) his inmate registration number, and (c) this case number. The Clerk shall serve a copy of this Order and the Notice of Payment Form upon the Jailer/Warden of the institution in which Myers is currently confined and upon the Office of the General Counsel for the Department of Corrections in Frankfort, Kentucky.4.Each month Myers' custodian shall send the Clerk of the Court a payment in an amount equal to 20% of his income for the preceding month out of his inmate trust fund account, but only if the amount in the account exceeds $10.00. The custodian shall continue such monthly payments until the entire $350.00 filing fee is paid. 28 U.S.C. 1915(b)(2). 5. Myers' complaint #1 is DISMISSED WITHOUT PREJUDICE.6. This action is DISMISSED and STRICKEN from the Court's docket. 7. Judgment shall be entered contemporaneously herewith. Signed by Judge William O. Bertelsman on 4/12/2021.(ECO)cc: COR and James Kline Myers by US Mail Modified bold text on 4/12/2021 (ECO).
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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)(ECO) |
| Filing 4 Prisoner Trust Fund Account Statement by James Kline Myers, pro se. (ECO) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by James Kline Myers, pro se. Motions referred to P SO. (ECO) |
| Filing 1 COMPLAINT (NO PROCESS REQUESTED) filed by James Kline Myers, pro se. (Attachments: #1 Various Attachments, #2 Envelopes post marked 3/15/21)(ECO) |
| Conflict Check run. (ECO) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Complaint, ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #3 MOTION for Leave to Proceed in forma pauperis by James Kline Myers (ECO) |
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