Horn v. Madison County Detention Center
| Michael C. Hoaru and Michael Horn |
| Madison County Detention Center, Kyle Barrett, Ashley and Deanna Anglin |
| 5:2019cv00168 |
| April 15, 2019 |
| US District Court for the Eastern District of Kentucky |
| Joseph M Hood |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 18 SUMMONS Returned Executed by Michael Horn via USM to Kyle Barrett served on 7/2/2019, answer due 7/23/2019. (JJ) |
| Filing 17 Prisoner Trust Fund Account Statement by Michael Horn. (Attachments: #1 Mailing Envelope - Post marked 6/11/19)(JJ) |
| Filing 16 Summons Issued as to Kyle Barrett,. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (JJ) |
Filing 15
MEMORANDUM OPINION & ORDER: 1. Horn's claims against Anglin, Ashley, and Madison County Detention Center are DISMISSED. The Clerk's office is DIRECTED to terminate these defendants from this action. 2. The Court will allow Horn's claim against Kyle Barrett to proceed. The Clerk's office is DIRECTED to list MCDC Lieutenant Kyle Barrett as a defendant in this action. 3. A Deputy Clerk shall prepare one "service packet" for service. That packet shall include: a. a complete summons form; b. complaint; c. this Memorandum Opinion and Order; and a completed USM form 285. 4. The Deputy Clerk shall deliver the Service Packet to the USMS in Lexington and note delivery in the docket. 5. USMS shall personally serve MCDC Lieutenant Kyle Barrett with the service packet. Signed by Judge Joseph M. Hood on 6/6/2019.(JJ)cc: Pro Se Pltf via US Mail,USM
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Filing 14
ORDER: 1. Horn's #10 MOTION for Leave to Proceed in forma pauperis is GRANTED. Payment of the $50.00 administrative fee is WAIVED. However Horn must pay the $350.00 filing fee. 2. Payment of the initial filing fee is WAIVED. 3. The Clerk shall open an account in Horn's name. The Clerk shall complete a E.D. Ky. 525 Form. The Clerk shall send a copy of this Order and the form to Warden of the institution in which Horn is currently confined. 4. Horn's custodian shall send the Clerk of this Court a payment each month out of Horn's inmate trust fund account. This payment should be in an amount equal to 20% of Horn's income from the preceding month. That said, the custodian shall only send a monthly payment if the amount in Horn's account exceeds $10.00. Ultimately, the custodian shall continue the monthly payments until Horn's entire $350.00 filing fee is paid. 5. Horn's #12 MOTION for Leave to Proceed in forma pauperis is DENIED as moot. 6. This matter stands submitted for initial screening. Signed by Judge Joseph M. Hood on 6/4/2019.(JJ)cc: Pro Se w/form via US Mail
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| Filing 13 Prisoner Trust Fund Account Statement by Michael Horn, pro se. (See DE #12 for envelope). (KM) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Michael Horn, pro se. Motions referred to P SO. (Attachments: #1 Envelope from Madison Co. Detention Center, postmarked 5/28/2019)(KM) |
| Filing 11 Prisoner Trust Fund Account Statement by Michael Horn, pro se. (See DE #10 for envelope). (KM) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis by Michael Horn, pro se. Motions referred to P SO. (Attachments: #1 Envelope addressed from Michael Horn postmarked 5/26/2019)(KM) |
| ***MOTION SUBMITTED TO PSO for review: re #10 MOTION for Leave to Proceed in forma pauperis by Michael Horn, #12 MOTION for Leave to Proceed in forma pauperis by Michael Horn, ***FILE SUBMITTED TO PSO for review: #13 Prisoner Trust Fund Account Statement, #11 Prisoner Trust Fund Account Statement (KM) |
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Filing 9
ORDER: 1. By NLT 6/7/2019, Horn must either pay the $400.00 filing and administrative fee or properly ask to pay the filing fee in installments over time. 2. If Horn fails to take the foregoing steps within the time allotted, the Court will dismiss his case for failure to prosecute. 3. Horn's #8 MOTION for Summary Judgment is DENIED without prejudice. Signed by Judge Joseph M. Hood on 5/15/2019.(JJ)cc: COR, Pro Se Pltf w/AO 240 & ED KY 523 Form via US Mail
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| Filing 8 MOTION for Summary Judgment by Michael Horn, pro se. Motions referred to P SO. (Attachments: #1 Mailing Envelope - Post marked 5/13/2019)(JJ) |
| ***MOTION SUBMITTED TO PSO for review: re #8 MOTION for Summary Judgment by Michael Horn, pro se. (JJ) |
| Filing 7 Mail Returned as Undeliverable. Mail sent to Michael Horn re #5 Order on Motion for Leave to Proceed in forma pauperis. Mail resent via US Mail with correction to pro se last name. (JJ) |
| Filing 6 Mail Returned as Undeliverable. Mail sent to Michael Horn re #4 Pro Se Information Packet. Mail resent via US Mail with correction to pro se last name. (JJ) |
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Filing 5
ORDER: 1. Horn's #2 Motion for Leave to Proceed in forma pauperis is DENIED without prejudice. 2. The Clerk shall send Horn the following blank forms: a. an Affidavit of Assets/In Forma Pauperis Application (Form AO-240; and b. a Certificate of Inmate Account Form (E.D. Ky. 523 Form). 3. Within 30 days Horn must either pay the $400.00 in filing and administrative fees or he must properly ask to pay the filing fee in installments over time. 4. If Horn fails to take the foregoing steps within the time allotted, the Court will dismiss his case for failure to prosecute. 5. Finally, Horn must keep the Clerk informed of his current mailing address. If Horn fails to notify the Clerk of a change of address, the Court may dismiss this case. Signed by Judge Joseph M. Hood on 4/16/2019. (JJ)cc: Pro Se Plaintiff via US Mail w/Forms
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| 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 (JJ) (Additional attachment(s) added on 5/3/2019: #2 Sample Caption) (JJ). Modified to add attachment on 5/3/2019 (JJ). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael C. Horn, pro se. Motions referred to P SO. (JJ) Modified text on 5/3/2019 (JJ). |
| Filing 1 COMPLAINT (0 summons presented) referred to P SO., filed by Michael C. Horn, pro se. (Attachments: #1 Mailing Envelope - Post Marked 4/11/2019)(JJ) Modified text on 5/3/2019 (JJ). |
| ***MOTION SUBMITTED TO PSO for review: re #2 MOTION for Leave to Proceed in forma pauperis by Michael C. Hoaru (JJ) |
| Conflict Check run. (JJ) |
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