Wilson v. Ibarra et al
| Cequan Wilson |
| Officer Ibarra, Richard Frans, Fayette County Detention Center, Fayette County Kentucky and Lexington-Fayette Urban County Government |
| 5:2022cv00324 |
| December 13, 2022 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| None |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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Filing 15
Summons Returned Unexecuted as to Mary Hanna - Fayette County Judge Executive. (DC)
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Filing 14
SUMMONS Returned Executed via US Marshal to Officer Ibarra served on 1/13/2023, answer due 2/3/2023; and Fayette County Attorney, served on 1/13/2023. (Attachments: #1 Angela C. Evans - Fayette Co. Atty) (DC)
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Filing 13
ORDER: 1) Wilson's claims against the FCDC, previously construed against Fayette County, Kentucky, are CONSTRUED as claims against the Lexington-Fayette Urban County Government (LFUCG). Clerk is directed to TERMINATE Fayette County, Kentucky and SUBSTITUTE LFUCG as the appropriate Dft. 2) Wilson is DIRECTED TO FILE a response to the Dfts' #9 Motion to Dismiss/Judgment on the Pleadings NLT 45 days. 3) Dfts are DIRECTED TO FILE any reply w/in 21 days after pla's response. 4) Dfts' #11 JOINT MOTION to file Conventional Exh under seal is GRANTED. 5) Clerk is DIRECTED TO MAINTAIN the USB Flash Drive filed (Exh 2) UNDER SEAL and not available for public inspection. Signed by Judge Danny C. Reeves on 02/01/2023. (DC) cc: COR and Cequan Wilson by US Mail
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Filing 12
SEALED CONVENTIONAL FILING received on behalf of Officer Ibarra and Fayette County, Kentucky. USB Flash Drive are filed per re #10 Notice of Filing,. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (KMP) Modified text to add sealed info on 2/1/2023, per #13 Order. (DC)
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Filing 11
JOINT MOTION for leave to Seal a Document #9 JOINT MOTION to Dismiss for failure to state a claim by Fayette County Kentucky, Ibarra MOTION for Judgment on the Pleadings by Fayette County Kentucky, Ibarra , #10 Notice of Filing, by Fayette County Kentucky, Ibarra Motions referred to P SO. (Attachments: #1 Proposed Order)(Wright, Roger)
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Filing 10
NOTICE OF FILING by Fayette County Kentucky, Ibarra re #9 JOINT MOTION to Dismiss for failure to state a claim by Fayette County Kentucky, Ibarra MOTION for Judgment on the Pleadings by Fayette County Kentucky, Ibarra Notice of Filing Conventional Exhibit (Exhibit 2) to Joint Motion to Dismiss or, in the Alternative, for Judgment on the Pleadings (Wright, Roger)
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Filing 9
JOINT MOTION to Dismiss for failure to state a claim by Fayette County Kentucky, Ibarra , MOTION for Judgment on the Pleadings by Fayette County Kentucky, Ibarra Motions referred to P SO. (Attachments: #1 Proposed Order, #2 Exhibit Affidavit of Richard Frans, #3 SEALED Exhibit Conventional Filing Placeholder (USB Flash Drive))(Wright, Roger) Modified to add sealed information on 2/1/2023, per #13 Order. (DC).
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #11 JOINT MOTION for leave to Seal a Document. (DC)
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Filing 8
Summons Issued as to Fayette County Kentucky & Officer Ibarra. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (Attachments: #1 Summons Mary Hanna, #2 Summons Angela Evans, #3 USM- 285) (MDC) (Additional attachment(s) added on 1/13/2023: #4 Marshal's Receipt) (MDC).
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Filing 7
MEMORANDUM ORDER: 1) Wilson's claims against Richard Frans are DISMISSED without prejudice and the Clerk is directed to TERMINATE Frans as a dft in this action. 2) Wilson's claims against the FCDC are CONSTRUED as claims against Fayette County, Kentucky. The Clerk is directed to TERMINATE the FCDC as a dft in this action and SUBSTITUTE Fayette County, Kentucky as a dft. 3) The Deputy Clerk is directed to prepare 3 Service Packets for service upon Officer Ibarra and Fayette County, Kentucky. 4) The Deputy Clerk is directed to deliver the Service Packets to the USMS. 5) The USMS is directed to personally serve Dft Officer Ibarra. 6) The USMS is directed to serve Dft Fayette County, Kentucky, in the manner described in this order. 7) Wilson is directed to immediately advise the Clerk's Office of any change in his current mailing address. 8) If Wilson wishes to seek relief from the Court, he must do so by filing a formal motion sent to the Clerks Office. Signed by Judge Danny C. Reeves on 01/13/2023. (MDC) cc: COR and Cequan Wilson by US Mail
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Filing 6
ORDER: 1) Wilson's #2 MOTION for Leave to Proceed in forma pauperis is GRANTED. Filing fee required as set forth in this Order. 2) Wilson must immediately advise the Clerk's Office of any change in his current mailing address. Failure to do so may result in dismissal of this case; and 3) This matter stands submitted for initial screening. Signed by Judge Danny C. Reeves on 12/15/2022. (MDC) cc: COR, Finance, Cequan Wilson (Order) and Jailer/Warden (Order + Form EDKY 525) via 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)(JLM)
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Filing 3
Prisoner Trust Fund Account Statement by Cequan Wilson. (JLM)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Cequan Wilson, pro se. Motions referred to P SO. (JLM)
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Filing 1
COMPLAINT filed by Cequan Wilson, pro se. (Attachments: #1 envelope postmarked 12-09-22)(JLM)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Complaint (Referred) (JLM)
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Conflict Check run. (JLM)
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