Mallory v. Burton et al
| James Mallory and Saddiq Al-Rahman Muhammad |
| Sgt. Burton, Mike Harold Byrne and Steve Haney |
| 5:2020cv00065 |
| February 20, 2020 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Danny C Reeves |
| P SO |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.
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Filing 25
ORDER: GRANTING dft's #21 MOTION to Amend/Correct #20 Scheduling Order; (1) Discovery due by 11/23/2020; (2) Dispositive Motions due by 12/21/2020; any response due by 1/21/21; reply due by 2/22/21. Signed by Magistrate Judge Hanly A. Ingram on 10/6/20.(KJR)cc: COR, James Mallory (US Mail). Modified to add pla's name to cc on 10/6/2020 (KJR).
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| Filing 24 NOTICE OF FILING by Burton re #23 Interrogatories Propounded and Requests For Production of Documents and Requests For Admission (Henning, J.) |
| Filing 23 INTERROGATORIES Propounded to Plaintiff James Mallory by Burton.(Henning, J.) |
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Filing 22
ORDER: Pltf SHALL RESPOND to Dft's #21 MOTION to Amend/Correct #20 Scheduling Order by 9/28/2020. Signed by Magistrate Judge Hanly A. Ingram on 9/15/2020.(SLH)cc: COR
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| Filing 21 MOTION to Amend/Correct #20 Scheduling Order, by Burton Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order Granting Amendment to Scheduling Order)(Henning, J.) |
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Filing 20
SCHEDULING ORDER: 1. Pretrial discovery shall be complete on or before 9/21/2020; 2. Dispositive Motions due by 10/21/2020. Resp. shall be filed by 11/23/2020. Reply due 12/23/2020; 3. Party must file motion if they wish to modify Scheduling Order. Signed by Magistrate Judge Hanly A. Ingram on 5/20/2020.(SLH)cc: COR and Mallory by US Mail
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Filing 18
ORDER: This matter is referred to a Magistrate Judge (Hanly A. Ingram) to conduct all further pretrial proceedings, including preparing proposed findings of fact and recommendations on any dispositive motions. The Clerk shall assign this matter pursuant to applicable general orders. Signed by Judge Danny C. Reeves on 5/19/2020.(SLH)cc: COR and Mallory by US Mail
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| Magistrate Judge Hanly A. Ingram added. P SO no longer assigned to case. (SLH) |
| ***FILE SUBMITTED TO PSO for review: #17 Answer to Complaint (KJR) |
| Filing 17 ANSWER to #1 Complaint with Jury Demand by Burton.(Henning, J.) |
| Filing 16 SUMMONS Returned Executed by USM via hand delivery to Burton served on 5/7/2020, answer due 5/28/2020. (KJR) |
| Filing 14 Mail Returned as Undeliverable. Mail sent to James Mallory re #11 Memorandum Opinion & Order. **Clerk has sent another copy of order to Mallory's updated address on 4/7/2020 (SLH) |
| Clerk's Note: re #10 Order: An individual on behalf of Mr. Mallory called to advise that she will be mailing a check in the amount of $130.29 for the initial partial filing fee. (KJR) |
| Filing 13 NOTICE of Change of Address by James Mallory. Copy of docket sheet sent to Mallory via US Mail (Attachments: #1 env postmarked 3/19/2020)(SLH) |
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Filing 15
GENERAL ORDER 20-03 - COURT OPERATIONS RELATED TO COVID-19: 1. General Order does not apply to ongoing trials; 2. Continuation of civil & criminal trials per General Order 20-03 extended to civil & criminal trials set to begin 5/1/2020. 3. hearings in criminal cases through 5/1/2020, motion hearings, change of plea, & sentencings CONTINUED GENERALLY, subject to further orders. 4. Initial appearances & detention hearings proceed via remote attendance to extent possible; appearances by summons cont. after 5/1/20. 5. Except TROs, prel. inj., & emergency matters, in-person hrgs in civil cases through 5/1/2020 CONTINUED GENERALLY. Assigned judge may proceed by means not requiring personal appearance. 6. Absent exceptional circumstances, hrgs in emergency matters shall be conducted by means not requiring in-person attendance. 7. If a detention facility informs USM inmate is ill, inmate shall not be brought to Courthouse. 8. Naturalization ceremonies through 5/1/2020 are CONTINUED GENERALLY. 9. Settlement conferences through 5/1/2020 are CONTINUED GENERALLY. 10. Misd. & petty offense dockets through 5/1/2020 CONTINUED GENERALLY. 11. For complaints filed per False Claims Act, which remain under seal, US granted add'l 60 days to intervene or notify Court that it declines. 12. Courts remain open. Eff. 3/24/2020-5/1/2020 Courthouse open Mon-Fri 10 AM-2 PM. 13. Visitor restrictions apply & will be screened. 14. Gen. Order 20-02 remains in effect. 15. Court may issue further directives. Signed by Judge Danny C. Reeves on 3/23/2020.(KM)cc: COR and James Mallory by US Mail
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| Filing 12 Summons Issued as to Sgt. Burton,. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. Summons/service packet delivered to USM on 3/18/2020 @ 11:12 a.m. (Attachments: #1 Receipt)(SLH) |
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Filing 11
MEMORANDUM OPINION & ORDER: 1. Mallory's First Amendment retaliation claim and Eight Amendment claim against Dft Sgt. Burton (3rd Shift) in his individual capacity REMAIN PENDING; 2. Remainder of Mallory's #1 complaint, including all claims made against dfts in their official capacities, is DISMISSED WITHOUT PREJUDICE; 3. FCDC Director Haney and FCDC Assistant Directions Byrne are DISMISSED as dfts; 4. Lex Deputy Clerk shall prepare USM service packet for service upon Dft Burton. Service packet shall include: a. completed summons; b. Complaint; c. Order granting IFP; d. this Order; 5. D. Clerk shall send service packed to USM and note delivery date in docket; 6. USM shall serve Dft Sgt. Burton at FCDC; 7. Mallory must immediately adv the Clerk's Office of any changed to mailing address; 8. If Mallory wishes to seek relief from the Court, he must do so by filing a formal motion sent to Clerk's Office. Every motion must include written certification that he has mail a copy to dfts or their COR. Court will disregard letter sent to the judges' chambers or motions lacking a certificate of service. Signed by Judge Danny C. Reeves on 3/18/2020.(SLH)cc: COR and Mallory by US Mail
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Filing 10
ORDER: 1. Mallory's #8 Motion for Leave to Proceed in forma pauperis is GRANTED; 2. Mallory must pay $130.29 to Clerk of the Court as an initial filing fee w/in 28 DAYS; 3. Clerk shall open an account in Mallory's name for receipt of filing fee. Clerk shall serve a copy of this order and completed EDKY 525 upon jailer/warden of FCDC and Office of Gen. Counsel for DOC in Frankfort; 4. Mallory's custodian shall send the Clerk payment equal to 20% of his income, but only if amount exceeds $10. Custodian shall continue monthly payments until $350.00 filing fee is paid; 5. Mallory must immediately adv the Clerk's Office of any change in his current mailing address. FAILURE TO DO SO MAY RESULT IN DISMISSAL OF CASE; 6. This matter stands submitted for initial screening. Signed by Judge Danny C. Reeves on 3/6/2020. (SLH)cc: COR, Jailer FCDC via US Mail (Order & EDKY 525), Gen. Counsel DOC via US Mail (Order & EDKY 525)and Mallory by US Mail
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| Filing 9 Prisoner Trust Fund Account Statement by James Mallory (pro se) (Attachments: #1 Env- postmark illegible)(SLH) (Main Document 9 replaced on 3/4/2020) (STC). |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by James Mallory (pro se) Motions referred to P SO. (Attachments: #1 Env- postmark illegible)(SLH) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #8 MOTION for Leave to Proceed in forma pauperis by James Mallory (SLH) |
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Filing 7
ORDER: 1. Clerk of the Court shall mark assigned case number on: (a) AO-240 and (b) EDKY 523 and send forms to Mallory; 2. Should Mallory wish to pursue this federal action, he must either pay the $350.00 filing fee and $50.00 administrative fee or:(1) have EDKY 523 certified by prison staff, (2) complete AO-240, and (3) file both documents with the Court; 3. Mallory must take these steps w/in 30 DAYS. Signed by Judge Danny C. Reeves on 2/24/2020.(SLH)cc: CORand Mallory by US Mail
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| Filing 5 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)(STC) |
| Filing 4 CASE TRANSFERRED IN from District of Kentucky Western. Case number 3:20-cv-00122. Original file, certified copy of transfer order and docket sheet received. cc: Plt w/ copy of docket sheet |
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Filing 3
ORDER by Judge Rebecca Grady Jennings on 2/20/2020. 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 Lexington, pursuant to 28 U.S.C. 1406(a) for all further proceedings. All further filings shall be filed with that court. Should further filings be filed in this Court, the Clerk of Court shall transfer the filings to the Eastern District of Kentucky. cc: Plaintiff, pro se; USDC, KYED (CDF) [Transferred from kywd on 2/20/2020.]
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| Conflict Check run. (STC) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (SMJ) [Transferred from kywd on 2/20/2020.] |
| Filing 1 COMPLAINT against Sgt. Burton, Mike Harold Byrne, and Steve Haney, filed by James Mallory. (SMJ) [Transferred from kywd on 2/20/2020.] |
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