Powell v. USA et al
| Walter Powell |
| USA, Stephen M. Dewalt, Federal Medical Center and Michael W. Growse |
| 5:2009cv00004 |
| January 5, 2009 |
| US District Court for the Eastern District of Kentucky |
| Habeas Corpus (Prison Condition) Office |
| Fayette |
| Karl S. Forester |
| Pro Se |
| None |
| U.S. Government Defendant |
| 42:1983 Prisoner Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
17
MEMORANDUM OPINION & ORDER: (1)IT IS ORDERED that Dft's Motion for Summary Judgment 15 is GRANTED with regard to Plaintiff's Bivens, ADA and Rehabilitation Act claims; (2) Dft's Motion to Dismiss 15 for lack of subject matter jurisdiction is GRANTED with regard to the FTCA claim; (3) this action will be DISMISSED and Judgment will be entered contemporaneously with this Order in favor of dfts. Signed by Judge Karl S. Forester on 08/19/09.(GLD)cc: COR
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Filing
7
MEMORANDUM OPINION & ORDER: (1)IT IS ORDERED that following are dismissed from this action, dft FMC; Dft Dewalt and all claims for damages from dft Dr. Growse in his official capacity; (2) Deputy clerk shall prepare documents necessary for service of process upon : USA and Dr. Michael W. Growse, in individual capacity; (3) Deputy Clerk shall prepare "Service Packet" consisting of: summons, Complaint, Order granting IFP 6 , this Order and completed USM Form 285; If unable to complete d escribed, Clerk shall do clerk's note in record; (4)Service of process shall be as follows: a. service upon USA by sending a packet to civil process clerk as US attorney's office, Office of attorney general in Washington DC and cental offic e of BOP in Washington DC; b. service upon Dr. Growse to be made giving packet to USM office to be personally served at FMC; (5) Clerk shall hand-delivery packet for each dt to USM in Lexington and obtian delivery receipt from USM office; Clerk shall enter delivery receipt into record and note the date the packet was delivered to USM; (6) USM shall serve packet upon each identified dft; (7) w/in 40 days from entry of this Order, USM shall send service report to Clerk and Clerk shall file in reco rd; a. For each dft served certified mail, report shall include copy of green card or statement from USP that green card was not returned; b. For each dft to be personally served, service report shall include: that dft was successfully personally se rved or statement as to efforts taken to locate dft; (8) pla shall advise clerk of any change in current mailing address; FAILURE TO DO SO MAY RESULT IN DISMISSAL OF CASE; (9) pla must communicate with Court SOLELY through notices or motions; COURT W ILL DISREGARD CORRESPONDENCE SENT DIRECTLY TO JUDGE'S CHAMBERS; (10) With every notice or motion filed with Court,, pla must: mail copy to each dft or his counsel and certify that he has mailed a copy to each dft and date on which this was done. COURT WILL DISREGARD ANY NOTICE OR MOTION WHICH DOES NOT INCLUDE CERTIFICATION. Signed by Judge Karl S. Forester on 3/3/2009.(GLD)cc: COR,USM
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