Mobley v. Farmer et al
| Kenneth Mobley |
| Fayette Co. Detention Center and Director Farmer |
| 5:2020cv00489 |
| December 9, 2020 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| P SO |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 30
ORDER: 1. To the extent that Mobley is seeking any additional relief from this Court, that request [R. #27 ] is DENIED. 2. The Clerk shall forward copies of this Order and Mobleys submission at [R. #27 ] to the Clerk of the United States Court of Appeals for the Sixth Circuit. Signed by Judge William O. Bertelsman on 1/22/2021.(JJ)cc: COR,6CCA and Kenneth Mobley by US Mail
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Filing 29
ORDER: 1. Mobley's motion for leave to proceed in forma pauperis on appeal [R. #25 ] is GRANTED and payment of the appellate filing fee is WAIVED. 2. The Clerk shall forward a copy of this Order to the Clerk of the United States Court of Appeals for the Sixth Circuit. Signed by Judge William O. Bertelsman on 1/22/2021. (JJ)cc: COR,6CCA and Kenneth Mobley by US Mail
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| Filing 28 USCA Case Number 21-5066 Case Manager Julie Anne Connor for #24 Notice of Appeal filed by Kenneth Mobley. (JJ) |
| ***MOTION SUBMITTED TO PSO for review: re #27 MOTION for Writ by Kenneth Mobley, #25 MOTION for Leave to Proceed in forma pauperis by Kenneth Mobley (JJ) |
| Filing 27 Petition to Issue Writ of Certiorari and Briefing by Kenneth Mobley, pro se. Motions referred to PSO. (JJ) Regenerated to 6CCA per #30 Order on 1/22/2021 (JJ). |
| Filing 26 Prisoner Trust Fund Account Statement by Kenneth Mobley, pro se. (Attachments: #1 Attachment 1)(JJ) |
| Filing 25 MOTION for Leave to Proceed in forma pauperis by Kenneth Mobley, pro se. Motions referred to PSO. (JJ) |
| Filing 24 NOTICE OF APPEAL as to #23 Judgment, #22 Memorandum Opinion & Order by Kenneth Mobley, pro se. (Kenneth Mobley). cc: COR, 6CCA, Kenneth Mobley w/ Short Record via US Mail (Attachments: #1 Mailing Envelope - No post date)(JJ) |
| Filing 23 JUDGMENT: 1. Kenneth Mobley's #1 petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 is DISMISSED. Judgment is entered in favor of the Respondent; 2. This action is 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 William O. Bertelsman on 1/7/2021.(KM)cc: COR and Kenneth Mobley by US Mail |
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Filing 22
MEMORANDUM OPINION & ORDER: It is ORDERED that: 1. Mobley's #1 petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 is DISMISSED; 2. Mobley's corresponding #3 motion for injunctive relief is DENIED as moot; 3. This action is STRICKEN from the Court's docket; 4. The Court will enter a corresponding Judgment. Signed by Judge William O. Bertelsman on 1/7/2021.(KM)cc: COR and Kenneth Mobley by US Mail
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Filing 21
ORDER: It is ORDERED that Mobley's #19 MOTION is GRANTED to the limited extent that the Court will consider his attached exhibit at R. #19 -1 in resolving his habeas petition. Signed by Judge William O. Bertelsman on 1/7/2021.(KM)cc: COR and Kenneth Mobley by US Mail
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| Filing 20 MEMORANDUM filed by Kenneth Mobley, pro se. (Attachments: #1 Mailing Envelope - Post Marked 12/31/2020)(JJ) |
| ***FILE SUBMITTED TO PSO for review: #20 MEMORANDUM (JJ) |
| Filing 19 MOTION to Add Exhibit W by Kenneth Mobley, pro se. Motions referred to PSO. (Attachments: #1 Exhibit - Bill for Ambulance Transportation Service, #2 Mailing Envelope - Post marked 1/4/20)(JJ) |
| ***MOTION SUBMITTED TO PSO for review: re #19 MOTION to Add Exhibit W by Kenneth Mobley, ***FILE SUBMITTED TO PSO for review: #18 Sur Reply, #14 Reply to Response to Motion, #1 Petition for Writ of Habeas Corpus (JJ) |
| Filing 18 SUR REPLY re #1 Petition for Writ of Habeas Corpus #3 MOTION for Preliminary Injunction by Kenneth Mobley. Filed pursuant to QC re DE #17 . (Attachments: #1 Exhibit A - Affidavit of Director Farmer, #2 Exhibit B - Affidavit of Mike Byrne, #3 Exhibit C - Redacted Medical Records of Petitioner)(JJ) |
| Filing 17 INCORRECTLY FILED REPLY to #14 , #13 Surreply of Respondent to Court's Order filed by Farmer. Please see DE #18 for correct filing. (Attachments: #1 Exhibit A - Affidavit of Director Farmer, #2 Exhibit B - Affidavit of Mike Byrne, #3 Exhibit C - Redacted Medical Records of Petitioner)(Henning, J.) Modified text on 1/4/2021 (JJ). |
| Filing 16 Collective Response to Respondents' #9 Response to Petitioner's #3 Motion for Preliminary Injunction filed by Kenneth Mobley, pro se. (Attachments: #1 Opinion, #2 Cover Letter/Mailing Envelope - Post marked 12/28/20)(JJ) |
| ***FILE SUBMITTED TO PSO for review: #16 Collective Response to Respondents' #9 Response to Petitioner's #3 Motion for Preliminary Injunction filed by Kenneth Mobley, pro se. (JJ) |
| Filing 15 BRIEF in Support of Response to #14 REPLY to Response to Motion re #3 MOTION filed by Kenneth Mobley, pro se. (Attachments: #1 Mailing Envelope - Post Marked 12/23/2020)(JJ) Modified text on 12/29/2020 (JJ). |
| ***FILE SUBMITTED TO PSO for review: #15 BRIEF in Support of Response to #14 REPLY to Response to Motion re #3 MOTION filed by Kenneth Mobley, pro se. (JJ) |
| Filing 14 REPLY to Response to Motion re #3 MOTION for Preliminary Injunction by Kenneth Mobley filed by Kenneth Mobley (pro se). (Attachments: #1 Exhibit Inmate Complaint Form, #2 Affidavit Kenneth Mobley, #3 env postmarked 12/22/20)(KJR) |
| ***MOTION SUBMITTED TO PSO for review: re #3 MOTION for Preliminary Injunction by Kenneth Mobley (pro se). (KJR) |
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Filing 13
ORDER: 1. denying #10 MOTION for Emergency Compassionate Release; denying #11 Motion for Leave to Proceed in forma pauperis. 2. Mobley may still file a reply brief in support of his habeas petition. That reply brief is due on or before Monday, December 28, 2020. 3. Then, the Respondent MUST file a sur-reply on or before Monday, January 4, 2021 addressing the matters discussed above. 4. Once the foregoing time periods have passed, the petition will stand submitted for further review and decision at that time. Signed by Judge William O. Bertelsman on 12/23/20. (JLM)cc: COR and Kenneth Mobley by US Mail
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| Filing 12 CERTIFIED MAIL RECEIPT to Director Farmer re #6 Order. (JLM) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by Kenneth Mobley, pro se. Motions referred to P SO. (GLD) |
| Filing 10 MOTION for Emergency Compassionate Release by Kenneth Mobley, pro se. Motions referred to P SO. (Attachments: #1 Exhibit Cover letter, #2 Envelope no postmark)(GLD) |
| Filing 9 RESPONSE to Motion re #3 MOTION for Preliminary Injunction by Kenneth Mobley Collective Response filed by Farmer. (Attachments: #1 Exhibit A- Indictment, #2 Exhibit B - Jailtracker, #3 Exhibit C - Affidavit of Director Lisa Farmern, #4 Exhibit D - Form 235)(Henning, J.) |
| ***MOTION SUBMITTED TO PSO for review: re #10 MOTION for Order by Kenneth Mobley, #11 MOTION for Leave to Proceed in forma pauperis by Kenneth Mobley (GLD) |
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Filing 8
ORDER: It is ORDERED that Mobley's latest motion at R. #7 is DENIED at this time. That said, the Respondent still must file a collective response to Mobley's initial petition [R. #1 ] and corresponding motion for injunctive relief [R. #3 ] within the prompt time frame previously set by this Court. Signed by Judge William O. Bertelsman on 12/16/2020. (JJ)cc: COR and Kenneth Mobley
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| Filing 7 MOTION for Emergency Motion to Expedite the Hearing on Application for TRO and Preliminary Injunction by Kenneth Mobley, pro se. Motions referred to P SO. (Attachments: #1 Memorandum in Support, #2 Mailing Envelope - Post marked 12/14/20)(JJ) |
| ***MOTION SUBMITTED TO PSO for review: re #7 MOTION for Emergency Motion to Expedite the Hearing on Application for TRO and Preliminary Injunction by Kenneth Mobley, pro se (JJ) Modified text on 12/16/2020 (JJ). |
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Filing 6
ORDER: 1. Clerk shall TERMINATE "Fayette Co. Detention Center" and "All Staff/Nurses/Classifications" as Respondents on the docket sheet; 2. Clerk shall send a copy of Mobley's #1 habeas petition, #3 corresponding motion for injunctive relief, and this Order by certified mail to Director Farmer; 3. W/IN 10 DAYS FROM ENTRY OF THIS ORDER, Director Farmer shall file a collective response to Mobley's petition and conjunctive motion for injunctive relief; 4. W/IN 5 DAYS AFTER DIRECTOR FARMER FILES RESPONSE, Mobley may file a reply; 5. Once the foregoing time periods have passes, Mobley's petition and corresponding motion will stand submitted. Signed by Judge William O. Bertelsman on 12/11/2020.(SLH)cc: Director Ford via cert. mail (Order, petition, motion) and Mobley 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)(JJ) |
| Filing 4 MOTION for Order by Kenneth Mobley, pro se. Motions referred to PSO. (Attachments: #1 Attachment 1 - Health Assessment, #2 Attachment 2 - Exhaustion Brief, #3 Attachment 3 - State Exhaustion)(JJ) |
| Filing 3 MOTION for Preliminary Injunction by Kenneth Mobley, pro se. Motions referred to PSO. (JJ) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 5031279.), filed by Kenneth Mobley. (Attachments: #1 Affidavit in Support, #2 Final Update, #3 Receipt, #4 Mailing Envelope - Post marked 12/7/2020)(JJ) |
| Conflict Check run. (JJ) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #4 MOTION for Order by Kenneth Mobley, #3 MOTION for Preliminary Injunction by Kenneth Mobley (JJ) |
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