Mobley v. Fayette Co. Detention Center et al
| Kenneth Mobley |
| Sgt. Meadows, Chandler Nicholas, M. Garrison, Administration Staff, Officer Jones, Fayette Co. Detention Center, Officer Lemonds and Nicholas Chandler |
| 5:2020cv00432 |
| October 21, 2020 |
| US District Court for the Eastern District of Kentucky |
| P SO |
| Henry R Wilhoit |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 13 AMENDED COMPLAINT against Officer Jones, Lemonds, filed by Kenneth Mobley. (Filed pursuant to Order, DE #11 )(JLM) |
Filing 12
JUDGMENT: Consistent with the Memorandum Opinion and Order entered this date and pursuant to Rule 58 of the Federal Rules of Civil Procedure, it is ORDERED and ADJUDGED as follows: 1. Plaintiff Kenneth Mobley's amended complaint [D. E. No. #10 -1] is DISMISSED WITHOUT PREJUDICE. 2. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Henry R. Wilhoit, Jr on 11/05/20.(JLM)cc: COR and Kenneth Mobley by US Mail
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Filing 11
MEMORANDUM OPINION & ORDER: 1. Mobley's motion to amend his complaint [D. E. No. #10 ] is GRANTED. 2. The Clerk of the Court shall FILE Mobley's tendered amended complaint [D. E. No. #10 -1] into the record. 3. Mobley's amended complaint is DISMISSED without prejudice. 4. This action is STRICKEN from the docket. Signed by Judge Henry R. Wilhoit, Jr on 11/05/20.(JLM)cc: COR and Kenneth Mobley by US Mail
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| Filing 10 MOTION to Amend #1 Complaint by Kenneth Mobley, Pro Se. Motions referred to P SO. (Attachments: #1 Amended Complaint, #2 Summons, #3 Envelope postmarked 10/31/2020)(MDC) |
| ***MOTION SUBMITTED TO CHAMBERS of P SO for review: re #10 MOTION to Amend #1 Complaint by Kenneth Mobley, Pro Se. (MDC) |
| Filing 9 Summons Issued as to Officer Jones, Officer Lemonds. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (KM) |
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Filing 8
ORDER: 1. The Clerk of Court is directed to add Officer Lemonds as a defendant in this action; 2. The Clerk of Court is directed to correctly identify defendant "Chandler Nicholas" as Nicholas Chandler; 3. Mobley's claims in against Meadow, M. Garrison, Nicholas Chandler, "Administration Staff", and the Fayette County Detention Center are DISMISSED; 4. A Deputy Clerk shall prepare service packets for defendants Officer Lemonds and Captain Jones; 5. The Deputy Clerk shall deliver the Service Packets to the USMS in Lexington, Kentucky and note the date of delivery in the docket; 6. The USMS shall make arrangements with the appropriate officials at the Fayette County Detention Center to personally serve Officer Lemonds and Captain Jones with Service Packets. Signed by Judge Henry R. Wilhoit, Jr on 10/27/2020.(KM)cc: CORand Kenneth Mobley by US Mail
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Filing 7
ORDER: 1. The Court's Order of 10/22/2020 dismissing this action is #4 is VACATED; 2. The Clerk of Court shall return this matter to the docket & shall send Mobley a copy of the current docket sheet; 3. Mobley's #5 MOTION for Leave to Proceed in forma pauperis is GRANTED; 4. Payment of the initial partial filing fee is DEFERRED; 5. The Clerk of the court shall open an account in Mobley's name for receipt of filing fee. The Clerk shall completed a Notice of Payment Form & send to a copy of the notice & this order to the Jailer/Warden of the institution in which Mobely is currently confined; 6. Each month Mobley's custodian shall send the Clerk of the Court a payment in an amount equal to 20% of his income for the preceding month out of his inmate trust fund account, but only if the amount in the account exceeds $10.00. The custodian shall continue such monthly payments until the entire $350.00 filing fee is paid; 7. This matter stands submitted for initial screening. Signed by Judge Henry R. Wilhoit, Jr on 10/28/2020. (Attachments: #1 Form EDKY 525)(KM)cc: COR, Finance, FCDC Jailer/Warden and Kenneth Mobley by US Mail with copy of docket sheet
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| Filing 6 Prisoner Trust Fund Account Statement by Kenneth Mobley, pro se. (GLD) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Kenneth Mobley, pro se. Motions referred to P SO. (Attachments: #1 Envelope postmarked 10/22/2020)(GLD) |
| ***MOTION SUBMITTED TO PSO for review: re #5 MOTION for Leave to Proceed in forma pauperis by Kenneth Mobley, ***FILE SUBMITTED TO PSO for review: #6 Prisoner Trust Fund Account Statement (GLD) |
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Filing 4
ORDER DISMISSING CASE: 1. Mobley's Complaint [D. E. No. #1 ] is DISMISSED, without prejudice. 2. This action is STRICKEN from the docket. 3. The Clerk of the Court shall send Mobley these forms in blank: (a) a Civil Rights Complaint Form [EDKY 520 Form]; (b) an Application to Proceed in District Court Without Prepaying Fees or Costs [AO 240 Form]; and (c) a Certificate of Inmate Account form [EDKY 523 Form]. Signed by Judge Henry R. Wilhoit, Jr on 10/22/2020.(JLM)cc: COR and Kenneth Mobley w/forms by US Mail
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| 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 simple caption)(JER) |
| Filing 1 COMPLAINT referred to Judge P SO., filed by Kenneth Mobley (pro se). (Attachments: #1 Inmate complaint form, #2 Cover letter and env. postmarked 10/19/2020)(JER) |
| Conflict Check run. (JER) |
| ***FILE SUBMITTED TO PSO for review: #1 Complaint (Referred) (JER) |
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