Smith v. United States of America et al
| Robert . Smith |
| United States of America and Warden |
| 6:2009cv00314 |
| September 17, 2009 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| McCreary |
| Pro Se |
| Gregory F. VanTatenhove |
| Habeas Corpus (Prison Condition) |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
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Filing
42
MEMORANDUM OPINION & ORDER: (1) The Defendants' motion to dismiss, or in the alternative, motion for summary judgment [R. 36 ] is GRANTED; (2) The Plaintiff's motion for summary judgment [R. 37 ] is DENIED; (3) All claims having been resolved, this action is DISMISSED and STRICKEN from the docket; and (4) Judgment in favor of the named Defendants shall be entered contemporaneously. Signed by Gregory F. VanTatenhove on 9/30/11.(SYD)cc: COR, Mailed to pro se filer
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Filing
17
AMENDED MEMORANDUM OPINION & ORDER: 1. Dfts in this action are USP-McCreary's Warden and its Officer Roberts, both located at prison in Pine Knot, KY; 2. Deputy Clerk of Court shall prepare documents necessary for service of process upon followi ng USP-McCreary Dfts, in both their individual and official capacities: a. the Warden; b. the Officer named Roberts; 3. For each Dft, Deputy Clerk in London shall prepare a "Service Packet" consisting of the following documents: a. necessary completed summons forms, pursuant to Fed.R.Civ.P.4; b. Complaint and all attachments 2 ; c. this Order; d. completed USM Form 285. If Clerk is unable to fully & accurately complete any of documents described, Clerk shall set forth reason i n docket entry. 4. Additionally, Clerk of Court shall make 3 sets of copies of above-described documents, each set containing following: a. copies of all completed summons forms issued for Dfts; b. copies of all completed USM Forms 285; c. one copy o f Complaint and all attachments 2 ; d. one copy of this Order. 5. Service of process on each Dft shall be directed as follows: a. Service upon Dft Roberts shall be made by providing USM Office in LEX, KY w/Service Packet to be personally served upon him at USP-McCreary in Pine Knot, KY, through arrangement w/Federal Bureau of Prisons. b. Service upon Dft Warden shall be made by providing USM Office in LEX, KY w/Service Packet to be personally served upon Warden at USP-McCreary, in Pine Knot, KY , thru arrangement w/Federal Bureau of Prisons. 6. Service of named Dfts must be completed by serving copies described in above paragraph(4) by certified or registered mail to: a. one set of copies to Civil Process Clerk at Office of US Atty for EDKY; b. one set to Office of Atty Gen of U.S. in Washington, D.C.; c. one set to office of Federal Bureau of Prisons in Washington, D.C. 7. Deputy Clerk shall hand-deliver Service Packets for each identified Dft and three sets of copies to USM Office in Lexington KY & shall obtain a delivery receipt from USM Office. 8. USM Office shall serve a Service Packet upon each identified Dt in manner described in Step 5, above, and shall serve three sets of copies in manner described in Step 6, abo ve. The USM Office is responsible for ensuring that each Dft is successfully served w/process. In event that an attempt at service upon Dft is unsuccessful, USM Office shall make further attempts and shall ascertain such info as is necessary to ensur e successful Service. 9. W/N 40 days of DOE of this Order, USM Office shall send Service Report to Clerk's Office, which Deputy Clerk shall file in record, which states whether service has been accomplished w/respect to each identified Dft. a. f or each set to be served by cert. mai., Service Report shall include i. copy of green card showing proof of service; or ii. stattement that green card was not returned from U.S. Postmaster, along w/a "Track and Confirm" report from U.S. Pos tal Service showing that proof of delivery does not exist. b. For each Dft to be personally served, Service Report shall indicate: i. that Dft was successfully served personally, or ii. statement explaining what efforts are being taken to local Dft & accomplish personqal service. 10. Pla shall immediately advise Clerk's Office of any change in current mailing address. Failure to do so may result in dismissal of this case. 11. Pla must communicate w/Court solely thru notices o r motions filed w/London Clerk's Office. The Court will disregard correspondence sent directly to judge's chambers. 12. With every notice or motion filed w/Court, Pla must: a. mail a copy to each Dft (or his or her atty); b. at end of notice or motion, certify that he has mailed a copy to each Dft (or his or her atty) and date on which this was done. The Court will disregard any notice or motion which does not include this certification. ( Responses due by 3/9/2010). Signed by Gregory F. VanTatenhove on 1/27/2010.(EHM)cc: COR; Pro Se Petitioner; summons & copies to USM for service on dfts
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Filing
8
SET ASIDE PURSUANT TO ORDER SEE DE 16 MEMORANDUM OPINION AND ORDER: 1) The Clerk of the Court shall correct the docket of the Court to reflect the true nature of this cause of action, i.e. that it is a civil rights lawsuit pursuant to 28 U. S.C. §1331 and Bivens; 2) Plff's Motion to Reconsider its assessment of $350, the full amount of the filing fee [Record No. 6] is DENIED; 3) This action is DISMISSED, sua sponte, and judgment shall be entered contemporane ously with this Memorandum Opinion and Order in favor of the named Defendants. Case Terminated. Signed by Gregory F. VanTatenhove on 11/6/2009.(RC)cc: Paper copy to dft Modified text to add "Memorandum Opinion and Order" on 11/6/2009 (RC). Modified text on 1/20/2010 (RC).
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