Howard v. County of Carrollton Kentucky
| Howard and Daniel Allen Howard |
| County of Carrollton Kentucky, Carroll County Fiscal Court, Carroll County, Ky, Carrollton, Ky, City of, Carroll County Detention Center and Carrollton County, Kentucky |
| 3:2016cv00049 |
| July 25, 2016 |
| US District Court for the Eastern District of Kentucky |
| Frankfort Office |
| XX US, Outside State |
| P SO |
| Gregory F VanTatenhove |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 30, 2016. A more recent docket listing may be available from PACER.
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| Filing 13 Mail Returned as Undeliverable. Mail sent to Daniel Allen Howard re #8 Order. NOTE: Copies of 8, 9 and 10 mailed to Howard at new address reflected on the docket sheet. (CBD) |
Filing 12
ORDER: The Clerk is DIRECTED to maintain the letter filed by Howard UNDER SEAL and to FILE a redacted version of the letter in order to protect Howard's privacy. Howard is admonished to follow the Clerk's Notice of Privacy Rules and Redaction Policy mailed to him on July 25, 2016, in all future filings with this Court. Signed by Judge Gregory F. Van Tatenhove on 8/22/2016.(CBD)cc: COR, Howard via US Mail
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| Filing 11 SEALED NOTICE of Change of Address by Daniel Allen Howard, Pro Se. (AKR) Modified restriction/text on 8/22/2016 (CBD). (Additional attachment(s) added on 8/22/2016: #1 Redacted Notice of Change of Address) (CBD). |
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Filing 10
JUDGMENT: (1) Judgment is ENTERED in favor of the named Defendant, "County of Carrollton Kentucky," and in favor of the construed Defendants: (a) the City of Carrollton, Kentucky; (b) Carroll County, Kentucky; and (c) the Carroll County Fiscal Court; and (d) the Carroll County Detention Center, with respect to all claims asserted by Plaintiff Daniel Allen Howard in this 42 U.S.C. 1983 proceeding. (2) This is a FINAL and APPEALABLE ORDER and there is no just cause for delay. (3) The Court CERTIFIES that any appeal would not be taken in good faith. 28 U.S.C. 1915(a)(3). Signed by Judge Gregory F. VanTatenhove on 8/5/2016.(CBD)cc: COR, Howard via US Mail
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Filing 9
MEMORANDUM OPINION & ORDER: (1) Clerk of the Court shall IDENTIFY Plaintiff Daniel Allen Howards KDOC Inmate Number (#148951), on the CM/ECF cover sheet. (2) Howard's 42 U.S.C. 1983 complaint #1 is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. (3) This proceeding is DISMISSED and Judgment will be ENTERED contemporaneously with this Memorandum Opinion and Order in favor of the named defendant "County of Carrollton Kentucky," and in favor of the construed defendants: the City of Carrollton, Kentucky; Carroll County, Kentucky, and/or the Carroll County Fiscal Court; and theCarroll County Detention Center. Signed by Judge Gregory F. VanTatenhove on 8/5/2016.(CBD)cc: COR, Howard via US Mail
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Filing 8
ORDER: 1. Plaintiff Daniel Allen Howard's motion to proceed in forma pauperis [R. 3] is GRANTED. 2. According to the CCDC's June 1, 2016, "Resident Account Statement," a total of $20.00 was deposited into his inmate trust account at the CCDC during the six-week period between April 12, 2016 and June 1, 2016. [R. 4 at 2.] Thus, Howard's average monthly deposit amount during that six-week period was.26 cents, and pursuant to 28 U.S.C. 1915(b)(1)(A), Howard is assessed an initial partial filing fee of 20 percent of.26 cents, or.05 cents. 3. Within thirty (30) days of the date of entry of this Order, Howard must pay.05 cents to the Clerk of the Court as an initial partial filing fee. 28 U.S.C. 1915(b)(1)(A). 4. Each month Howard's current 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. The custodian shall continue such monthly payments until the entire $350.00 filing fee is paid. 28 U.S.C. 1915(b)(2). 5. The Clerk of the Court shall open an account in Howard's name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form (Form E.D. Ky. 525) with (a) Howard's 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 Howard is currently confined, and upon the Kentucky Department of Corrections in Frankfort, Kentucky. Signed by Judge Gregory F. VanTatenhove on 8/3/2016.(AKR)cc: paper copy to Daniel Howard, Jailer of Carol Co Detention Ctr w/form 525, KY Dept of Corrections (Additional attachment(s) added on 8/3/2016: #1 Notice of Payment Form - EDKy 525) (AKR).
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| Filing 6 CASE TRANSFERRED IN from District of Kentucky Western. Case number 3:16-cv-00366. File and docket sheet received electronically. cc: Howard w/ copy of docket sheet |
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Filing 5
MEMORANDUM AND ORDER by Senior Judge Charles R. Simpson, III on 7/22/2016 re #1 Complaint filed by Daniel Allen Howard - This action shall be TRANSFERRED to the United States District Court for the Eastern District of Kentucky, Central Division, at Frankfort for all further proceedings. All further filings shall be filed with that court.cc: Plaintiff-pro-se; Clerk, Eastern District of Kentucky, Central Division (DAK) [Transferred from kywd on 7/25/2016.]
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| IMPORTANT NOTICE - PRIVACY RULES and REDACTION POLICY: F.R.Civ.P. 5.2 requires that personal identification information must 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: Howard (TDA) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #3 MOTION for Leave to Proceed in forma pauperis (TDA) |
| Conflict Check run. (TDA) |
| Filing 4 Prisoner Trust Fund Account Statement re #3 MOTION for Leave to Proceed in forma pauperis filed by Daniel Allen Howard. (MNM) [Transferred from kywd on 7/25/2016.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Daniel Allen Howard. (MNM) [Transferred from kywd on 7/25/2016.] |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson III. Magistrate Judge designation: Magistrate Judge Dave Whalin. (MNM) [Transferred from kywd on 7/25/2016.] |
| Filing 1 COMPLAINT against County of Carrollton Kentucky, filed by Daniel Allen Howard. (Attachments: #1 Summons Tendered) (MNM) [Transferred from kywd on 7/25/2016.] |
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