Coleman v. Lappin et al
| Monroe L. Coleman |
| Harley Lappin, Helen J. Marberry, Andrea McPherson, Robert Erwin, Eric Wilson, Debbie Burton, Swift, Michael Nelley, Ivy Feinenstadt, Eleanor Holmes Norton, Kelly Westinghouse, Richard W. Schott, Delbert G. Sayers, Kimberly Moore and Hector Joyner |
| 6:2010cv00186 |
| July 6, 2010 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Adair |
| Pro Se |
| Gregory F. VanTatenhove |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
38
MEMORANDUM OPINION & ORDER: 1) Clerk of the Court is directed to correct the CM/ECF cover sheet as: a) Reflect correct name of Dft Ndafie is Andrew Ndfie, Assistant Health Services Administrator at USP - Terre Haute; b) docket Coleman's 1/3/201 1 Amended Complaint 21 as the SECOND Amd Cmp; 2) Pursuant to Federal Rule of Civil Procedure 21, Coleman's constitutional claims against the USP - Terre Haute Dfts 2 , 7 and 26 are SEVERED and TRANSFERRED to the USDC for the Southern Dist rict of Indiana. Clerk shall assign the next case number to Pla Monroe Coleman. Clerk advise pro se filer of case number matter shall remain assigned to same District Judge and MJ. No additional filing fee shall be required; 3) Coleman's constit utional claims set forth in the Affidavits filed on 4/29/2011 33 , 34 and 35 are DISMISSED WITHOUT PREJUDICE; 4) Coleman's constitutional claims against Eric Wilson Former Warden of USP-McCreary, are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted; 5) Coleman's constitutional claims against USP-McCreary dfts "Dr." Rush, Mullins, Neal and "Counselor" Partin, set forth in the Second Amended Complaint 21 are DISMISSED WITHO UT PREJUDICE to Coleman administratively exhausting those claims; 6) Coleman's constitutional claims against BOP dfts are DIMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted; 7) Coleman's contitutional clai ms against "Wiley," former Warden of USP Atlanta are DISMISSSED WITHOUT PREJUDICE to Coleman asserting those claims in the proper venue; 8) Coleman's consitituional claims against Kimberly Moore, former employee of USP-Big Sandy, are D ISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted; 9) Coleman's consitiutional claims against Congresswoman Eleanor Holmes Norton are DISMISSED WITHOUT PREJUDICE to Coleman asserting them in the proper venue; 10) Coleman's motion to amd his cmp to assert a claim under the Federal Tort Claims Act 22 is DENIED; 11) Coleman's motion for Clarification [29 ] is DENIED AS MOOT; 12) Coleman's motion to set aside the Orders entered on 2/26/2011 a nd 3/29/2011 31 is DENIED AS MOOT; 13) Coleman's motion to amend his original complaint to assert a contitutional claim against USP McCreary employee John C. Booker 36 is DENIED and 14) Proceeding is DISMISSED and STRICKEN from the Court's active docket and a jgm shall will be entered separately this date.. Signed by Gregory F. VanTatenhove on 09/30/2011.(MRS)cc: COR, Pro Se Filer
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