Westine v. Warden, FMC Lexington et al
Petitioner: John G. Westine
Respondent: Warden, FMC Lexington, Federal Bureau of Prisons and University of Kentucky Hospital
Case Number: 5:2018cv00523
Filed: September 5, 2018
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Danny C Reeves
Referring Judge: P SO
Nature of Suit: Mandamus & Other
Cause of Action: 28 U.S.C. § 1361
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 29, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 29, 2018 Filing 18 USCA Case Number 18-6137 Case Manager Bryant L. Crutcher for #16 Notice of Appeal, filed by John G. Westine. (GLD)
October 25, 2018 Opinion or Order Filing 17 ORDER: 1. The Clerk shall send Petitioner Westine a Sixth Circuit Form 4 and a Certificate of Inmate Account [EDKY Form 523]. 2. Within 30 days, the petitioner must either pay the $505.00 appellate filing fee or comply with the following steps to pursue pauper status: (1) complete Sixth circuit Form 4; (2) have prison staff complete and sign the Certificate; and (3) file both documents with the Court. Failure to take these steps within the time allotted may result in dismissal of Petitioner Westine's appeal. 3. The Clerk shall forward a copy of this Order to the Clerk of 6CCA. Signed by Judge Danny C. Reeves on 10/25/2018.(JJ)cc: COR, 6CCA
October 24, 2018 Filing 16 NOTICE OF APPEAL as to #12 Memorandum Opinion & Order, #13 Judgment, #15 Order by John G. Westine (pro se). No filing fee received. (copy of docket sheet & NOA forwarded to Westine). cc: COR, 6CCA (Attachments: #1 env postmarked 10/22/18)(KJR)
October 24, 2018 ***FILE SUBMITTED TO PSO for review: #16 Notice of Appeal - NO filing fee received. (KJR)
October 12, 2018 Opinion or Order Filing 15 ORDER: IT is ORDERED that Petitioner John Westine's #14 Motion to reinstate is DENIED. Signed by Judge Danny C. Reeves on 10/12/2018. (KM)cc: COR, Petitioner via U.S. Mail
October 11, 2018 Filing 14 MOTION to Reinstate via Rule 60(b)(4)(6) as properly filed Writ of Habeas Corpus 28 U.S.C. 2241 Execution of a sentence in conjunction with 28 U.S.C. 1631 and 1651 Mandamus Exempt form the Provision Under 28 U.S.C. 1915(g) by John G. Westine, pro se. Motions referred to P SO. (Attachments: #1 Envelope postmarked 10/9/2018)(KM) Modified text on 10/11/2018 (KM).
October 11, 2018 ***MOTION SUBMITTED TO PSO for review: re #14 MOTION to Reinstate by John G. Westine (KM)
September 28, 2018 Opinion or Order Filing 13 JUDGMENT: It is ORDERED & ADJUDGED as follows: 1. Judgment is entered in favor of the Respondent with respect to all issues raised int he proceeding; 2. This action is DISMISSED and STRICKEN form the Court's docket; 3. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Danny C. Reeves on 9/28/2018.(KM)cc: COR, Petitioner via U.S. mail
September 28, 2018 Opinion or Order Filing 12 MEMORANDUM OPINION & ORDER: It is ORDERED as follows: 1. Westine's petition for writ of mandamus #1 is DENIED; 2. This matter is DISMISSED and STRICKEN from the docket. Signed by Judge Danny C. Reeves on 9/28/2018.(KM)cc: COR, Petitioner via U.S. mail
September 27, 2018 Opinion or Order Filing 11 ORDER: It is ORDERED as follows: 1. Petitioner Westine's original #5 motion to Proceed in forma pauperis is REINSTATED and GRANTED. Section 1915(b)(1) requires an inmate to pay the $350.00 filing fee for a civil action as set forth below; 2. The financial documentation filed by Petitioner Westine indicates that he lacks sufficient assets to pay the initial partial filing fee required by 28 U.S.C. 1915(b)(1)(A) & payment of such fees is DEFERRED; 3. The Clerk of Court shall open an account in Westine's name for receipt of filing fee. The Clerk shall complete the Notice of Payment Form containing: Westine's names, his inmate registration numbers, and this case number. The Clerk shall serve a copy of this Order & the Notice of Payment form upon the warden of the institution in which Westine is currently confined; 4. Each month, Westine's custodian shall send a payment in the amount equal to 20% of Westine's income for the preceding month out of his inmate trust fund account, but only in the amount exceeds $10; 5. Petitioner Westine must immediately advise the Clerk's Office of any change of his current mailing address. Failure to do so may result in dismissal of this case; 6. This matter stands submitted for initial screening pursuant to 28 U.S.C. 1915(e)(2), 1915A. Signed by Judge Danny C. Reeves on 9/27/2018.(KM)cc: COR, Finance, Petitioner via U.S. Mail, Warden-FMC Lexington with Notice of Payment Form via U.S. mail
September 26, 2018 Filing 10 Certificate of Inmate Account filed by John G. Westine, pro se. (Attachments: #1 Envelope postmarked 9/24/2018)(KM)
September 26, 2018 ***FILE SUBMITTED TO PSO for review: #10 Prisoner Trust Fund Account Statement (KM)
September 20, 2018 Opinion or Order Filing 9 ORDER: (1) DENYING without prejudice Westine's #8 Motion for Leave to Proceed in forma pauperis; (2) Westine must fully comply w/instructions set forth in the court's 9/7/18 #4 order; otherwise, the court will dismiss the case for failure to prosecute. Signed by Judge Danny C. Reeves on 9/20/18. (KJR)cc: COR, Westine (US Mail)
September 18, 2018 Filing 8 MOTION for Leave to Proceed in forma pauperis by John G. Westine, pro se. Motions referred to PSO. (Envelope at DE #7 )(KM)
September 18, 2018 Filing 7 OBJECTIONS to the Court's Order #4 converting 28 U.S.C 1361 and 28 U.S.C 1651 into a "Bivens action filed by John G. Westine, pro se. (Attachments: #1 Envelope postmarked 9/14//2018)(KM)
September 10, 2018 Opinion or Order Filing 6 ORDER: It is ORDERED as follows: 1. Petitioner Westine's #5 "Motion to Proceed as a Poor Person" is DENIED, without prejudice; 2. Petitioner Westine must follow the instructions set forth in the Court's 9/7/2018 Order [Record No. #4 ], or the Court will dismiss the case for failure to prosecute. Signed by Judge Danny C. Reeves on 9/10/2018. (KM)cc: COR, Petitioner via U.S. mail
September 7, 2018 Opinion or Order Filing 4 ORDER: 1. The Clerk of Court shall send Westine: 1. an Affidavit of Assets/In Forma Pauperis Application [Form AO-240] and 2. a Certificate of Inmate Account [EDKY Form 523]; 2. Westine must either: 1. pay the $400 filing fee, or 2. have the Certificate of Inmate Account certified by prison staff, complete the Affidavit of Assets/In Forma Pauperis Application, and file both document with the Court; 3. The Clerk of Court shall send Westin a form Complaint [EDKY 520] which Westine must complete & file with the Court; 4. Westine must take these steps within 30 days, or the Court will dismiss the case for failure to prosecute. Signed by Judge Danny C. Reeves on 9/7/2018.(KM)cc: COR, Petitioner via U.S. mail with Form AO 240, EDKY Form 523 & EDKY 520. Modified on 9/7/2018 (KM).
September 7, 2018 Filing 3 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)
September 7, 2018 Conflict Check run. (JJ)
September 7, 2018 ***MOTION SUBMITTED TO PSO for review: re #1 Petition of Mandamus by John G. Westine, pro se - No filing fee/IFP motion. (JJ)
September 5, 2018 Filing 5 MOTION for Leave to Proceed in forma pauperis by John G. Westine (Pro Se).Motions referred to P SO. (SCD)
September 5, 2018 Filing 1 Writ of Mandamus by John G. Westine, pro se Motions referred to P SO. (JJ) (Additional attachment(s) added on 9/7/2018: #1 Letter, #2 Mailing Envelope post marked 8/31/18) (JJ). Modified text on 9/10/2018 (KM).

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Petitioner: John G. Westine
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Respondent: Warden, FMC Lexington
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Respondent: Federal Bureau of Prisons
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Respondent: University of Kentucky Hospital
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