Hineson v. Wade et al
| Wendy Hineson |
| Nathan Wade, Kelsie Torres and Amanda Durham |
| 3:2023cv00043 |
| June 27, 2023 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| P SO |
| Gregory F VanTatenhove |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.
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Filing 21
SCHEDULING ORDER: The District Judge referred this prisoner civil rights action to the undersigned. Because this is a pro se prisoner action, the parties are exempt from exchanging initial disclosures and conferring on a proposed schedule to govern this matter. No trial or other in-court hearing will be scheduled until after any dispositive motions are resolved. IT IS HEREBY ORDERED as follows: 1. Discovery shall be complete on or before 1/12/2024. 2. Dispositive Motions due by 2/12/2024. Any response due 3/12/2024. Any reply due 4/12/2024. 3. If a party wishes to modify any aspect of this Order, the party must file a motion. Signed by Magistrate Judge Hanly A. Ingram on 8/16/2023.(CBD)cc: CORand Wendy Hineson by US Mail
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Filing 19
ORDER: 1. The Court DISCHARGES Shelby County Judge/Executive Dan Ison and Shelby County Sheriff Mark Moore from their obligations under the Court's Order dated August 1, 2023. [R. #16 .] 2. The Clerk of the Court shall SEND a copy of this Order to: (A) Dan Ison Shelby County Judge/Executive 501 Main Street Shelbyville, KY 40065 (B) Sheriff Mark Moore Shelby County Sheriff's Office501 Main Street #8 Shelbyville, KY 40065 3. This matter is REFERRED to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b) to conduct all pretrial proceedings, including preparing proposed findings of fact and conclusions of law on any dispositive motions. 4. The Clerk of the Court shall ASSIGN this matter to a Magistrate Judge. Signed by Judge Gregory F. Van Tatenhove on 8/11/2023.(JJ)cc: COR, Ison, Sheriff Moore and Wendy Hineson by US Mail
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| Filing 18 NOTICE of Change of Address by Wendy Hineson, pro se. (Attachments: #1 Attachment, #2 Mailing Envelope - Post marked 8/11/23)(JJ) |
| Filing 20 Summons Returned Unexecuted by Shelby County Sheriff's Office per Order #16 as to Nathan Wade. Returns states: This one live sin Franklin County - 205 Willowcrest, Frankfort, Ky. (Attachments: #1 Envelope)(CBD) Modified fd on 8/16/2023 (CBD). |
| Filing 17 ANSWER to #1 Complaint by Amanda Durham, Kelsie Torres, Nathan Wade in their Individual adn Official Capacities.(Petitt, Carol) Modified text on 8/16/2023 (CBD). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #17 Answer to Complaint, #1 Complaint (JJ) |
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Filing 16
ORDER: 1. Clerk shall SEND a copy of this Order and 2 Service Packets for Nathan Wade and Kelsie Torres to: (A) Dan Ison Shelby County Judge/Executive 501 Main Street Shelbyville, KY 40065 (B) Sheriff Toby Wells Shelby County Sheriffs Office 501 Main Street #8 Shelbyville, KY 40065 2. Within 28 days, Sheriff Wells and/or Judge/Executive Ison may either: (A) FILE UNDER SEAL the last known addresses of Nathan Wade and Kelsie Torres; or (B) contact Nathan Wade and Kelsie Torres to determine if each will permit Shelby County officials or their counsel to accept service of process on their behalf, and FILE a response so indicating into the record of this case. Signed by Judge Gregory F. Van Tatenhove on 7/31/2023.(CBD)cc: COR and Wendy Hineson by US Mail, Dan Ison & SHeriff Toby Wells via US Mail . Modified on 8/1/2023 (CBD).
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| Filing 15 NOTICE of Change of Address by Wendy Hineson, pro se. (Attachments: #1 Mailing Envelope - Post Marked 7/25/2023)(JJ) |
| Filing 14 Summons Returned Executed as to Amanda Durham served on 7/19/2023, answer due 8/9/2023. (JJ) |
| Filing 13 Summons Returned Unexecuted as to Kelsie Torres. (JJ) |
| Filing 12 Summons Returned Unexecuted as to Nathan Wade. (JJ) |
| Filing 10 Summons Issued as to Amanda Durham, Kelsie Torres, Nathan Wade and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (Attachments: #1 Summons Kelsie Torres, #2 Summons Amanda Durham)(JJ) (Additional attachment(s) added on 6/29/2023: #3 USM Receipt) (JJ). |
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Filing 9
ORDER: 1. Hineson's motion to proceed in forma pauperis [R. #2 ] is GRANTED. 2. Because Hineson has been granted pauper status, the Court WAIVES the $52.00 administrative fee that would otherwise apply. 3. The Court DIRECTS the Clerk to open an account in Hinesons name for receipt of the filing fee. The Court further DIRECTS the Clerk to complete a Notice of Payment Form (Form EDKY 525) and send the Notice and a copy of this Order to the warden of the institution in which Hineson is confined. 4. The Court DEFERS collection of the initial partial filing fee because Hineson lacks sufficient income or assets to pay it. 5. The Court further ORDERS Hineson's custodian to send the Clerk a payment each month from Hineson's inmate trust fund account, but only if the account balance exceeds $10.00. The payment should equal 20% of the amount deposited into Hineson's account during the preceding month. The custodian shall continue the monthly payments until the entire $350.00 filing fee is paid. 6. A Deputy Clerk shall prepare a "Service Packet" for defendants Nathan Wade, Kelsie Torres, and Amanda Durham. Each Service Packet shall include: a. a completed summons form; b. the complaint [R. #1 ]; c. this Order; and d. a completed USM Form 285. 7. The Deputy Clerk shall deliver the Service Packets to the USMS in Lexington, Kentucky and note the date of delivery in the docket. 8. The USMS shall make arrangements with the appropriate officials at the Shelby County Detention Center to personally serve Nathan Wade, Kelsie Torres, and Amanda Durham with Service Packets at: Shelby County Detention Center 1000 Detention Road Shelbyville, KY 40065. Signed by Judge Gregory F. Van Tatenhove on 6/29/2023. (JJ)cc: COR,USM,Finance (Regenerated) and Wendy Hineson by US Mail Modified text on 6/29/2023 (JJ).
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| Filing 8 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)(JJ) |
| Filing 6 CASE TRANSFERRED IN from District of Kentucky Western. Case number 3:23-cv-00316. Original file, certified copy of transfer order and docket sheet received electronically. cc: Plaintiff w/ copy of docket sheet via US Mail. |
| Conflict Check run. (CBD) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #2 MOTION for Leave to Proceed in forma pauperis (CBD) |
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Filing 5
ORDER by Senior Judge Joseph H. McKinley, Jr on 6/26/23: IT IS ORDERED that the instant action shall be TRANSFERRED to the United States District Court for the Eastern District of Kentucky, Central Division at Frankfort, pursuant to 28 U.S.C. 1406(a) for all further proceedings. All further filings shall be filed with that court. Should any filings in this action be filed in this Court in the future, 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 6/27/2023.]
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| Filing 4 Case Assignment (Random Selection): Case Assigned to Senior Judge Joseph H. McKinley Jr. (CDL) [Transferred from kywd on 6/27/2023.] |
| Filing 3 Prisoner Trust Fund Account Statement re #2 MOTION for Leave to Proceed in forma pauperis filed by Wendy Hineson. (CDL) [Transferred from kywd on 6/27/2023.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Wendy Hineson. (CDL) [Transferred from kywd on 6/27/2023.] |
| Filing 1 COMPLAINT against Amanda Durham, Kelsie Torres, Nathan Wade, (No filing fee paid), filed by Wendy Hineson. (CDL) [Transferred from kywd on 6/27/2023.] |
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