Austin v. Franklin County, Kentucky

Plaintiff: James Michael Austin
Defendant: Captain Gash, Chief Abrams, Captain Levi Wilson, Rick Rogers, Kentucky Department of Corrections and Franklin County, Kentucky
Case Number: 3:2018cv00059
Filed: October 31, 2018
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: P SO
Referring Judge: Gregory F VanTatenhove
Nature of Suit: Prisoner Petitions (Prison Condition)
Cause of Action: 42:1983
Jury Demanded By: None

Docket Report

This docket was last retrieved on May 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2018 Filing 9 Summons Issued as to Franklin County, Kentucky. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (CBD)
December 10, 2018 Opinion or Order Filing 8 ORDER: 1. Clerk's Office shall TERMINATE the Kentucky Department of Corrections as a defendant in this action. 2. Clerk's Office shall ADD Franklin County, Kentucky as a defendant in this action. That said, the Clerks Office shall TERMINATE all of the other defendants. 3. The Deputy Clerk shall prepare one "Service Packet" for service upon the remaining defendant: Franklin County, Kentucky. 4. The Deputy Clerk shall send the Service Packet to the USMS Lexington, Ky, and note the date of delivery in the docket. 5. The USMS shall serve Franklin County, Ky by personally serving Franklin County Judge-Executive Huston Wells at 321 West Main Street, Frankfort, Ky 40601. 6. Austin must immediately advise the Clerks Office of any change in his current mailing address. 7. If Austin wishes to seek relief from the Court, he must do so by filing a formal motion sent to the Clerks Office. Every motion Austin files must include a written certification that he has mailed a copy of it to the defendant or defense counsel and state the date of mailing. The Court will disregard letters sent to the Judge's chambers or motions lacking a certificate of service. Signed by Judge Gregory F. VanTatenhove on 12/10/2018.(CBD)cc: Pltf via US Mail, USM
December 10, 2018 Opinion or Order Filing 7 ORDER: 1. Motion for leave to proceed in forma pauperis #2 is GRANTED. Payment of the $50.00 administrative fee is WAIVED. However, pursuant to 28 U.S.C. 1915(b), Austin must pay the $350.00 filing fee. 2. Within 30 days from the entry of this Order, Austin must pay $9.49 to the Clerk of this Court as an initial partial filing fee. 3. The Clerk of the Court shall open an account in Austins name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form [E.D. Ky. 525 Form] The Clerk shall then send a copy of this Order and the Notice of Payment Form to the Warden of the institution in which Austin is currently confined. 4. Once Austin pays the initial partial filing fee, his custodian shall send the Clerk of this Court a payment each month out of Austin's inmate trust fund account. This payment should be in an amount equal to 20% of Austin's income from the preceding month. Signed by Judge Gregory F. VanTatenhove on 12/10/2018. (CBD)cc: Finance, Austin, Warden Franklin Cty Reg. Jail w/ Form EDKY 525 via US Mail Modified cc on 12/10/2018 (CBD).
November 19, 2018 ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #6 MOTION for Protective Order by James Michael Austin, pro se. (CBD)
November 19, 2018 Filing 6 MOTION for Protective Order by James Michael Austin, pro se.Motions referred to P SO. (Attachments: #1 Env.)(CBD)
October 31, 2018 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #2 MOTION for Leave to Proceed in forma pauperis by James Michael Austin (CBD)
October 31, 2018 Conflict Check run. (CBD)
October 31, 2018 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 Caption Sample Page)(CBD)
October 31, 2018 Filing 3 Prisoner Trust Fund Account Statement by James Michael Austin, pro se. (CBD)
October 31, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis by James Michael Austin, pro se. Motions referred to PSO. (Attachments: #1 WDKY Form - Mtn to Proceed IFP)(CBD)
October 31, 2018 Filing 1 COMPLAINT referred to PSO., filed by James Michael Austin, pro se. (Attachments: #1 Exhibits, #2 Cover Letter, #3 Envelope)(CBD)

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Plaintiff: James Michael Austin
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Defendant: Captain Gash
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Defendant: Chief Abrams
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Defendant: Captain Levi Wilson
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Defendant: Rick Rogers
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Defendant: Kentucky Department of Corrections
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Defendant: Franklin County, Kentucky
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