Chadwell v. Proctor et al
| Damon Chadwell |
| John Proctor, Southern Health Partners, Jerimah, Matt, Suesan, Matt Lowe, Jeremy Wells and Susanne |
| 3:2019cv00043 |
| June 14, 2019 |
| US District Court for the Eastern District of Kentucky |
| P SO |
| Gregory F VanTatenhove |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on August 12, 2019. A more recent docket listing may be available from PACER.
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| Filing 17 Summons Issued as to Matt Lowe, John Proctor, Susanne, Jeremy Wells,. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (Attachments: #1 Summons - Lowe, #2 Summons - Wells, #3 Summons - Susanne)(CBD) (Additional attachment(s) added on 8/12/2019: #4 Receipt) (SCD). |
Filing 16
MEMORANDUM OPINION & ORDER: 1. Chadwells claims against Southern Health Care Partners are DISMISSED; 2. Chadwells allegations related to an April 18, 2019 Eighth Amendment violation are DISMISSED; 3. Chadwells allegations related to a March 26, 2019 Eighth Amendment violation may PROCEED consistent with this Memorandum Opinion and Order; 4. Clerk shall prepare four "Service Packets" for service upon John Proctor, Susanne, Matt Lowe, and Jeremy Walls. The Service Packets shall include: a. a completed summons form; b. the amended complaint #10 ; c. the order granting Chadwell pauper status #12 ; d. a copy of this order; and e. a completed USM Form 285; 5. Clerk shall send the Service Packets to the USMS in Lexington, Ky, and shall note the date of delivery in the docket; 6. The USMS shall personally serve the defendants through cooperation with the Carroll County Detention Center, 800 Clay Street, Carrollton, Kentucky, 41008; 7. Chadwell must immediately advise the Clerks Office of any change to his current mailing address. Failure to do so may result in dismissal of this case; and 8. If Chadwell wishes to seek relief from the Court, he must do so by filing a formal motion sent to the Clerks Office. Every motion Chadwell files must include a written certification that he has mailed a copy of it to the defendants or their counsel and must state the date of mailing. Signed by Judge Gregory F. VanTatenhove on 8/12/2019.(CBD)cc: COR, USM, Chadwell vis US Mail
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| Filing 15 Mail Returned as Undeliverable. Mail sent to Damon Chadwell re #12 Order. (SCD) |
| ***FILE SUBMITTED TO PSO for review: #15 Mail Returned (SCD) |
| Filing 14 STANDING ORDER re: Disclosure of Contact Information: 1. pro se litigants must provide current telephone number, residential address, & if different, mailing address. 2. pro se litigants must provide written notice of change of residential address, & if different, mailing address. 3. Clerk file copy of Order in all non-prisoner pro se actions. Failure to provide required information or change of address may result in appropriate sanctions. (CBD)cc: COR |
| Filing 13 NOTICE of Change of Address to 1214 Courtland Avenue, Apt. H, Carrollton, KY 41008 by Damon Chadwell, pro se. (Attachments: #1 Envelope)(CBD) |
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Filing 12
ORDER: 1. Motion #11 is GRANTED. 2. initial partial filing fee is DEFERRED; 3. The Clerk of the Court shall open an account for receipt of Chadwells future payments. The Clerk shall complete a Notice of Payment Form (Form EDKY 525). The Clerk shall serve a copy of this Order and the Notice of Payment Form upon the warden of the institution in which Chadwell is currently confined; 4. Chadwell's custodian shall send the Clerk of the Court a payment in an amount equal to twenty percent (20%) of Chadwells 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. 5. The Court DENIES motion #9 requesting that the Court order the Carroll County Detention Center to provide a certified copy of his inmate account statement. 6. Chadwell must immediately advise the Clerks Office of any change to his current mailing address. 7. This matter stands submitted for initial screening. Signed by Judge Gregory F. VanTatenhove on 7/12/2019. (Attachments: #1 EDKY 525) (CBD)cc: COR, Chadwell and Carroll Cty Jail w/ EDKY 525 by USPS
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| Filing 11 Motion to Proceed IFP by Damon Chadwell, pro se. (Attachments: #1 523 - Certificate, #2 Envelope)(CBD) Modified on 7/1/2019 (CBD). |
| Filing 10 COMPLAINT (NO PROCESS REQUESTED)., filed by Damon Chadwell, pro se. (Attachments: #1 Envelope)(CBD) |
| Filing 9 MOTION for Order directing Jailer to produce six moths statement of funds by Damon Chadwell, pro se. Motions referred to PSO. (CBD) Envelope at #10 . Modified on 7/1/2019 (CBD). |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #11 MOTION to Proceed IFP (CBD) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #9 MOTION for Order by Damon Chadwell (CBD) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #10 Complaint (CBD) |
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Filing 8
ORDER: 1) #2 Motion for Leave to Proceed in forma pauperis is DENIED WITHOUT PREJUDICE. 2) Chadwell may re-file his fee motion and civil rights complaint by carefully following the instructions in the Court's #6 Order. Signed by Judge Gregory F. VanTatenhove on 6/25/2019. (SCD)cc: Pro Se Pla via US Mail
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| Filing 7 NOTICE OF FILING OF Page 16 of complaint #1 and Summons re #1 Complaint by Damon Chadwell, pro se. (Attachments: #1 Summons, #2 Envelope)(CBD) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #7 Notice of filing page 16 to Complaint and Summonses re #1 Complaint. (CBD) |
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Filing 6
ORDER: 1) Clerk is DIRECTED to send Chadwell a EDKy Form 520 which must complete and return. 2) Clerk is DIRECTED to send Chadwell a Form AO-240 and EDKy Form 523. 3) Either pay the $350 filing and $50 admin fee or complete and file both forms. 4) Take these steps w/in 30 days or case may be dismissed. Signed by Judge Gregory F. VanTatenhove on 6/18/2019.(SCD)cc: Pro Se Pla via US Mail w forms
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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)(CBD) |
| Filing 3 Prisoner Trust Fund Account Statement by Damon Chadwell, pro se. (CBD) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Damon Chadwell, pro se. Motions referred to PSO. (Attachments: #1 Envelope)(CBD) |
| Filing 1 COMPLAINT, filed by Damon Chadwell, pro se. Referred to PSO (Attachments: #1 Exhibit, #2 Envelope, #3 Summons)(CBD) |
| Conflict Check run. (CBD) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #2 MOTION for Leave to Proceed in forma pauperis by Damon Chadwell (CBD) |
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