Silverburg v. Haney et al
| Joseph Silverburg |
| Tammy Allen, Steve Tussey and Steve Haney |
| 5:2019cv00364 |
| September 11, 2019 |
| US District Court for the Eastern District of Kentucky |
| P SO |
| Henry R Wilhoit |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on November 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 28 USCA Case Number 19-6273 Case Manager Sharday S. Swain for #26 Notice of Appeal, filed by Joseph Silverburg. 6CCA advised Silverburg that the $505.00 filing fee was due to the DISTRICT COURT w/in 30 days, NO LATER THAN 12/9/2019. (SLH) |
Filing 27
ORDER: IT IS ORDERED that: (1) The Clerk of the Court shall send Silverburg a Sixth Circuit Form 4. (2) W/in 30 days, Silverburg must either: a) Pay the appellate filling fee; or b) complete the Sixth Circuit Form 4 and file it with this Court. (3) Silverburg must take these steps w/in 30 days, or the Sixth Circuit will dismiss the appeal for failure to prosecute. (4) The Clerk of the Court shall forward a copy of this Order to the Clerk of USCA for the Sixth Circuit. Signed by Judge Henry R. Wilhoit, Jr on 11/07/2019. (MDC) cc: COR; 6CCA, paper copy (w/ Forms) to Joseph Silverburg, via US Mail.
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| Filing 26 NOTICE OF APPEAL (NO FILING FEE) as to #14 Judgment, by Joseph Silverburg, Pro Se. ( A copy of the Docket Sheet & NOA has been mailed to the Pla). cc: COR, 6CCA; Pla Silverburg via US Mail. (Attachments: #1 Envelope Postmarked 11/04/2019)(MDC) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #26 Notice of Appeal (MDC) |
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Filing 25
ORDER: Accordingly, IT IS ORDERED that Silverburg's #24 Motion pursuant to Fed. R. Civ. P. 60(b)(6) is DENIED. Signed by Judge Henry R. Wilhoit, Jr on 01/11/2019. (MDC) cc: COR; Silverburg (US Mail)
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| Filing 24 MOTION Pursuant to Fed. R. Civ. Procedure 60(b)(6) by Joseph Silverburg, Pro Se. Motions referred to P SO. (Attachments: #1 Envelope postmarked 10-17-2019)(MDC) |
| Filing 23 Mail Returned as Undeliverable. Mail sent to Joseph Silverburg re #15 Order on Motion to Amend/Correct. (SLH) |
| Clerk's Note: Clerk mailed #15 Order on Motion to Amend/Correct to correct address after Order was returned as undeliverable on 10/21/2019. (SLH) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #24 MOTION Pursuant to Fed. R. Civ. Procedure 60(b)(6) by Joseph Silverburg, Pro Se. (MDC) |
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Filing 22
ORDER: Accordingly, IT IS ORDERED that Silverburg's #20 Motion for Compulsory Joinder pursuant to Fed. R. Civ. P. 19(a)(1) and Permissive Joinder pursuant to Fed. R. Civ. P. 20 is DENIED AS MOOT. Signed by Judge Henry R. Wilhoit, Jr on 10/17/2019. (MDC)cc: COR; Pla (U.S. Mail)
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| Filing 21 Letter from Joseph Silverburg, Pro Se, requesting copy of the Court's Order dismissing his case #13 . (Attachments: #1 Envelope Postmarked 10/12/2019). CLERK'S NOTE: The copies requested were already mailed to Pla on 10/11/2019 #19 . (MDC) |
| Filing 20 MOTION for Compulsory Joinder Pursuant to Fed. R. Civ. P. 19(a)(1) and Permissive Joinder Pursuant to Fed. R. Civ. P. 20 by Joseph Silverburg, Pro Se. Motions referred to P SO. (Attachments: #1 Envelope postmarked 10/10/2019) (MDC) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #20 MOTION for Order by Joseph Silverburg, Pro Se. (MDC) |
| Filing 19 Mail Returned as Undeliverable. Mail sent to Joseph Silverburg, Pro Se re #13 Memorandum Opinion & Order & #14 Judgment. CLERK'S NOTE: Clerk re-mailed to Pla at the new address informed #6 Notice of change of address (Fayette Co. Detention Center).(MDC) |
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Filing 18
ORDER: IT IS ORDERED that: Silverburg's third #17 Motion pursuant to Fed. R. Civ. P. 15 to Amend complaint is DENIED. Signed by Judge Henry R. Wilhoit, Jr on 10/08/2019. (MDC) cc: COR; Pla via US Mail.
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| Filing 17 MOTION pursuant to Rule 15 of FRCP for leave to Amend Plaintiff's COMPLAINT by Joseph Silverburg, Pro Se. Motions referred to P SO. (Attachments: #1 Envelope postmarked 10/03/2019) (MDC) |
| Filing 16 NOTICE of Change of Address by Joseph Silverburg, Pro Se. (MDC) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #17 MOTION to Amend/Correct by Joseph Silverburg, Pro Se. (MDC) |
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Filing 15
ORDER: DENYING Silverburg's #12 Motion to Amend Complaint. Signed by Judge Henry R. Wilhoit, Jr on 10/1/19. (KJR)cc: COR, Silverburg (US Mail)
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Filing 14
JUDGMENT: Consistent w/ the Memorandum Opinion and Order entered, pursuant to Federal Rules of Civil Procedure 58 it is ORDERED and ADJUDGED that: (1) Plas #6 Complaint is DISMISSED w/ respect to all issues raised in this proceeding.(2) Judgment is ENTERED in favor of Dfts. (3)This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Henry R. Wilhoit, Jr on 09/30/2019. (MDC)cc: COR; Pla via U.S. Mail.
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Filing 13
MEMORANDUM OPINION & ORDER: Accordingly, IT IS ORDERED that: (1) Silverburg's #7 MOTION for Leave to Proceed in forma pauperis is GRANTED. (2)Payment of the initial partial filing fee is DEFERRED. (3)Clerk of the Court shall open an account in Silverburg's name for receipt of filing fee. Clerk shall complete a Notice of Payment Form with (a) Silverburg's name, (b) his inmate registration number, and (c) this case number. Clerk shall serve a copy of this Order and Notice of Payment Form upon Jailer/Warden of institution in which Silverburg is currently confined. (4)Each month Silverburs custodian shall send the Clerk of the Court a payment in amount equal to 20% of his income from the preceding month out of his inmate trust fund account. (5)Silverburgs #6 Complaint is DISMISSED. (6) All pending requests for relief, including #9 Motion pursuant to Fed R. Civ. P. 24 for the intervention of other plaintiffs, the #10 Motion pursuant to Fed. R. Civ. P. 23 for a class action, and the #11 Motion pursuant to Fed. R. Civ. P. 15 to amend complaint are DENIED AS MOOT. (7)This action is DISMISSED and STRICKEN from the Courts docket. (8)Judgment shall be entered contemporaneously herewith. Signed by Judge Henry R. Wilhoit, Jr on 09/30/2019. (MDC) cc: COR; Silverburg; Jailer/Warden of Madison County Detention Center w/ forms listed via U.S. mail; Finance Dept. Modified on 10/3/2019 (MDC). (Additional attachment(s) added on 10/3/2019: #1 Notice of Payment Due for Filing Fee) (MDC).
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| Filing 12 MOTION pursuant to Rule 15 of FRCP for leave to Amend #6 Complaint, by Joseph Silverburg, Pro Se. Motions referred to P SO. (Attachments: #1 Envelope postmarked 09/26/2019) (MDC) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #12 MOTION to Amend #6 Complaint, by Joseph Silverburg, Pro Se. (MDC) |
| Filing 11 MOTION for Order Pursuant to Rule 15 of FRCP to Amend Complaint by Joseph Silverburg (pro se). Motions referred to P SO. (Attachments: #1 env postmarked 9/24/19)(KJR) |
| ***MOTION SUBMITTED TO PSO for review: re #11 MOTION for Order by Joseph Silverburg (KJR) |
| Filing 10 MOTION for Order Pursuant to Rule 23 FRCP for Class-Action by Joseph Silverburg (pro se). Motions referred to P SO. (Attachments: #1 env postmarked 9/20/19)(KJR) |
| Filing 9 MOTION for Order pursuant to Rule 24 FRCP the Intervention of Plaintiffs by Joseph Silverburg (pro se). Motions referred to P SO. (Attachments: #1 env postmarked 9/20/19)(KJR) |
| Filing 8 Prisoner Trust Fund Account Statement by Joseph Silverburg (pro se). (KJR) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Joseph Silverburg (pro se). Motions referred to P SO. (Attachments: #1 env postmarked 9/20/19)(KJR) |
| Filing 6 COMPLAINT (NO PROCESS REQUESTED)., filed by Joseph Silverburg (pro se). (Attachments: #1 Exhibit 1 - ltr from Stefany Hughes, #2 Exhibit 2 - ltr from Chief Deputy Tom Jones, #3 Exhibit 3 - statute re transportating to & from detention facility, #4 env postmarked 9/20/19)(KJR) |
| ***MOTION SUBMITTED TO PSO for review: re #9 MOTION for Order by Joseph Silverburg, #7 MOTION for Leave to Proceed in forma pauperis by Joseph Silverburg, #10 MOTION for Order by Joseph Silverburg (KJR) |
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Filing 5
DEFICIENCY ORDER: IT IS ORDERED: 1. Sliverburg's #1 MOTION for a temporary injunction is DENIED WITHOUT PREJUDICE; 2. Sliverburg's #2 MOTION for Leave to Proceed in forma pauperis is DENIED WITHOUT PREJUDICE; 3. The Clerk of Court shall mark assigned case number on a form Civil Rights Complaint & send to Silverburg. The Clerk shall also send Silverburg (1) Affidavit of Assets/In Forma Pauperis Application and (2) a Certificate of Inmate Account; 4. Should Silverburg wish to pursue this claim, he must complete & file the complaint form; 5. Silverburg must either pay the $400 filing & administrative fee or (1) have the Certificate of Inmate Account certified by prison staff, (2) complete the Affidavit of Assets/In Forma Pauperis Application, and (3) file both of them with the Court; 6. Sliverburg must take these steps within 30 days, or the case will be dismissed without prejudice for failure to prosecute. Signed by Judge Henry R. Wilhoit, Jr on 9/12/2019.(KM)cc: COR, Silverburg with forms listed via U.S. mail
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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 (Attachments: #1 Sample Caption)(MDC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Joseph L. Silverburg, Pro Se. Motions referred to P SO. (MDC) |
| Filing 1 MOTION FOR A TEMPORARY INJUNCTION referred to PSO, filed by Joseph L. Silverburg, Pro Se. (Attachments: #1 Envelope Postmarked 09/09/2019) (MDC) Modified text on 9/12/2019 (KJR). |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #2 MOTION for Leave to Proceed in forma pauperis by Joseph L. Silverburg, Pro Se. ***FILE SUBMITTED TO CHAMBERS of PSO for review: re #1 COMPLAINT/MOTION FOR A TEMPORARY INJUNCTION by Joseph L. Silverburg, Pro Se. (MDC) |
| Conflict Check run. (MDC) |
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