Killian v. Stine

Killian v. Stine

Petitioner:	Rafael Elias Killian
Respondent:	D.L. Stine
Case Number:	6:2008cv00385
Filed:	December 1, 2008
Court:	US District Court for the Eastern District of Kentucky
Office:	Prisoner: Civil Rights Office
County:	McCreary
Presiding Judge:	Pro Se
Presiding Judge:	Amul R. Thapar
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	28:1331 Fed. Question

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Date Filed	Document Text
June 25, 2009	Filing 29 MEMORANDUM OPINION & ORDER: 1) Dft's Motion to Dismiss and Motion for Summary Judgment, 18 is GRANTED. 2) All claims against Dft D.L. Stine are DISMISSED W/PREJUDICE. 3) Any pending motions are DENIED AS MOOT and any previously scheduled hearings or trials are CANCELLED. 4) This matter is STRICKEN from the Court's active docket. Signed by Judge Amul R. Thapar on 6/25/2009.(EHM)cc: COR; Pro Se Petitioner
December 15, 2008	Filing 5 MEMORANDUM OPINION & ORDER: 1) The sole named Dft in this action to date is D.L. Stine, Warden, USP McCreary, and he is sued in his official and individual capacities; 2) Clerk in the division office shall prepare and issue summonses for D.L. Stine, in his official and individual capacities; in addition to the summonses, the Clerk shall make 2 sets of copies of the summonses and mark one set to be served on the United States Attorney General and one set to be served on the United States Attorney for the Eastern District of Kentucky; 3)Divisional Clerk shall also prepare as many copies of the Complaint and this Order as there are summonses and any required by USM Form 285, the Clerk shall promptly make a clerk's entry on the docket stat ing why the Clerk cannot fill out the summons or USM Form 285 or any other documents necessary to effectuate service; 4) After the Divisional Clerk's office has prepared the summonses, USM Form 285, complaint copies, copies of this Order and/or any other documents necessary to effectuate service, a Deputy Clerk shall forward said documents by certified mail to the United States Marshal's office in Lexington, Kentucky; 5) Divisional Clerk shall enter the certified mail receipt in the re cord; 6) The USM shall personally serve a summons, Complaint copy, and copy of this Order on the named Defendant for whom a summons has been prepared. Additionally, the USM shall serve by certified mail, return receipt requested, copies of the same documents on the United States Attorney General in Washington, DC and on the United States Attorney for the Eastern District of Kentucky, in Lexington, Kentucky, by certified mail, return receipt requested; 7) The USM shall make a return report to th e Court of whether the summons is executed or is still unexecuted within 40 days of the date of entry of this Order; 8) Plff shall keep the Clerk of Court informed of his current mailing address. Failure to notify the Clerk of any address change may result in a dismissal of this case; 9) For every further pldg or other doc he wishes to submit for consideration by the Court, Plff shall serve upon each Dft, or counsel for Dft, copy of pldg or other doc. Plff shall send original papers to be filed w/counsel for Dft, copy of pldg or other doc. Plff shall send original papers to be filed w/clerk of Court w/cert. of service; 10) Clerk of Court shall correct the docket to reflect that this case is a civil action brought pursuant to 28 USC 1331, with Killian as Plff and Stine as Dft. Signed by Judge Amul R. Thapar on 12/15/2008.(RC)cc: COR,, paper copy Pro Se Plaintiff Modified to correct file date from 12/16/2008 to 12/15/2008 on 12/22/2008 (RC).

Date Filed

Document Text

June 25, 2009

Filing 29 MEMORANDUM OPINION & ORDER: 1) Dft's Motion to Dismiss and Motion for Summary Judgment, 18 is GRANTED. 2) All claims against Dft D.L. Stine are DISMISSED W/PREJUDICE. 3) Any pending motions are DENIED AS MOOT and any previously scheduled hearings or trials are CANCELLED. 4) This matter is STRICKEN from the Court's active docket. Signed by Judge Amul R. Thapar on 6/25/2009.(EHM)cc: COR; Pro Se Petitioner

December 15, 2008

Filing 5 MEMORANDUM OPINION & ORDER: 1) The sole named Dft in this action to date is D.L. Stine, Warden, USP McCreary, and he is sued in his official and individual capacities; 2) Clerk in the division office shall prepare and issue summonses for D.L. Stine, in his official and individual capacities; in addition to the summonses, the Clerk shall make 2 sets of copies of the summonses and mark one set to be served on the United States Attorney General and one set to be served on the United States Attorney for the Eastern District of Kentucky; 3)Divisional Clerk shall also prepare as many copies of the Complaint and this Order as there are summonses and any required by USM Form 285, the Clerk shall promptly make a clerk's entry on the docket stat ing why the Clerk cannot fill out the summons or USM Form 285 or any other documents necessary to effectuate service; 4) After the Divisional Clerk's office has prepared the summonses, USM Form 285, complaint copies, copies of this Order and/or any other documents necessary to effectuate service, a Deputy Clerk shall forward said documents by certified mail to the United States Marshal's office in Lexington, Kentucky; 5) Divisional Clerk shall enter the certified mail receipt in the re cord; 6) The USM shall personally serve a summons, Complaint copy, and copy of this Order on the named Defendant for whom a summons has been prepared. Additionally, the USM shall serve by certified mail, return receipt requested, copies of the same documents on the United States Attorney General in Washington, DC and on the United States Attorney for the Eastern District of Kentucky, in Lexington, Kentucky, by certified mail, return receipt requested; 7) The USM shall make a return report to th e Court of whether the summons is executed or is still unexecuted within 40 days of the date of entry of this Order; 8) Plff shall keep the Clerk of Court informed of his current mailing address. Failure to notify the Clerk of any address change may result in a dismissal of this case; 9) For every further pldg or other doc he wishes to submit for consideration by the Court, Plff shall serve upon each Dft, or counsel for Dft, copy of pldg or other doc. Plff shall send original papers to be filed w/counsel for Dft, copy of pldg or other doc. Plff shall send original papers to be filed w/clerk of Court w/cert. of service; 10) Clerk of Court shall correct the docket to reflect that this case is a civil action brought pursuant to 28 USC 1331, with Killian as Plff and Stine as Dft. Signed by Judge Amul R. Thapar on 12/15/2008.(RC)cc: COR,, paper copy Pro Se Plaintiff Modified to correct file date from 12/16/2008 to 12/15/2008 on 12/22/2008 (RC).

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Petitioner: Rafael Elias Killian
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Respondent: D.L. Stine
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