Kennedy v. Wilson et al
| John F. Kennedy |
| Eric Wilson, Burchett, P. Settles and John Doe |
| 6:2010cv00299 |
| November 3, 2010 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| McCreary |
| Pro Se |
| Gregory F. VanTatenhove |
| Prison Condition |
| 42 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
115
ORDER ADOPTING REPORT AND RECOMMENDATIONS: (1) that the Magistrate Judge's report and recommendation [Docket No. 104 ] is hereby APPROVED and ADOPTED as and for the Court's opinion; (2) Plaintiff's motions for judgment on the pleadin gs or, alternatively, for summary judgment, on the sole remaining claim, an allegation of Eighth Amendment deliberate indifference. (DE ## 76 , 86 ) areOVERRULED. Signed by Judge Henry R. Wilhoit, Jr on 6/3/2014.(RBB)cc: COR, paper copy forwarded to pro se party John F. Kennedy, via US Mail.
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Filing
105
ORDER ADOPTING REPORT AND RECOMMENDATIONS: (1) that the Magistrate Judge's report and recommendation [Docket No. 104 ] is hereby APPROVED and ADOPTED as and for the Court's Opinion. (2) Plaintiff's motions for judgment on the ple adings or, alternatively, for summary judgment, on the sole remaining claim, an allegation of Eighth Amendment deliberate indifference. (DE ## 76 , 86 ) are OVERRULED. Signed by Judge Henry R. Wilhoit, Jr on 4/22/2014.(RBB)cc: COR, paper copy to pro se party, John F. Kennedy, via US Mail
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Filing
72
MEMORANDUM OPINION AND ORDER : (1) The Motion to Dismiss, Motion for Summary Judgment [D. E. No. 53 ] filed by Defendants Shawn Burchett, Beth Burchett, Phillip Settles, Jr., and Eric D. Wilson is GRANTED IN PART and DENIED IN PART, as follows: ( a) The Motion to Dismiss Plaintiff John F. Kennedy's Eighth Amendment medical claims against Defendant Beth Burchett is GRANTED and those claims are DISMISSED WITHOUT PREJUDICE for failure to exhaust; (b) The Motion for Summary Judgment as to P laintiff John F. Kennedy's Eighth Amendment failure to protect claims against Defendants Shawn Burchett and Former Warden Eric D. Wilson is GRANTED, and PlaintiffJohn F. Kennedy's Eighth Amendment failure to protect claims against Defendan ts Shawn Burchett and Former Warden Eric D. Wilson are DISMISSED WITH PREJUDICE; (c) The Motion for Summary Judgment as to Plaintiff John F. Kennedy's Eighth Amendment failure to protect claims against Defendant Phillip Settles, Jr. is DENIED, a nd those claims shall proceed; (2) The Motion to Dismiss filed by Defendant R. T. Lowry, M.D., [D. E. No. 56 ] is GRANTED and Plaintiff John F. Kennedy's Eighth Amendment medical claims against Defendant R. T. Lowry, M.D., are DISMISSED WITHOUT PREJUDICE for failure to exhaust; (3)Pursuant to 28 U.S.C. § 636(b), this matter is REFERRED to United States Magistrate Judge Robert E. Wier. (4) The Clerk of the Court shall ASSIGN this matter to Magistrate Judge Robert E. Wier for all further disposition. Signed by Judge Henry R. Wilhoit, Jr on 9/17/13.(SYD)cc: COR; MAILED TO PRO SE FILER
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Filing
17
MEMORANDUM OPINION & ORDER,: 1. Plf John F. Kennedy's "Mt to Enter Evidence DE 16 is DENIED as MOOT; 2. All official capacity claims against dfts are DISMISSED W PREJUDICE; 3. Kennedy's individual capacity 8th Amendment "fail ure to protect" and medical claims against a) Officer Burchette, Special Agent, USP McCreary; b) Eric Wilson, former Warden of USP-McCreary and c) Dft Officer "P." Settles, USP-McCreary, may proceed; 4) Clerk directed to issue summons for Burchette, Wilson & Settles in their individual capacities; 5) For ea dft to be served, clerk shall prepare necessary number of "Service Packets" consisting of following: a. Completed summons forms, b. Complaint 2 ; c. Kennedy's A dditional Filings ( DE Nos. 16 & 16 -1); d. This Order; e. Completed USM Forms 285; If clerk is unable to accurately complete any of the documents described, clerk shall set forth the reason in a docket entry; 6. For ea dft to be served, clerk shall also prepare 3 Service Packets to send to the USMS in Lexington, KY, addressed as follows: a. to the Civil Process Clerk at the US Atty for EDKY; b. to Office of the Atty General of the US in Washington, DC; and c. for personal service at the BOB Central Office in Washington, D.C. 7) London Clerk shall send the USMS in Lexington KY, by certified mail; the required Packets for ea. dft to be served; Certified mail receipt to be filed into the record and noted on docket sheet the DOS that th e Service Packet was delivered to USM; 8. For each dft to be served the USM shall serve them by: a. Sending a Service Packet for Settles by certified or registered mail to the Civil Process Clerk at the Office of the US Atty for EDKY; b. Sending serv ice packet for Settles by certified or registered mail to the Office of the Atty General of the US in Washington, D.C.; and c. Personally serving a Service Packet upon Settles through arrangements with the BOP; The USMS is responsible for ensuring th at each defendant to be served is successfully served with process; if attempt of service upon any dft is unsuccessful, the USM shall make further attempts and ascertain such info necessary to ensure successful service; 9. W/in 40 days of DOE of thi s Order, USM shall send a Service Report to the London Clerk's Office, which Deputy Clerk shall file in record, stating whether service on ea dft has been accomplished; b. if any defendant is personally served, the Service Report shall indicate: 1. that he was successfully served personally and when, or 2. a statement explaining what efforts are being taken to locate Settles and accomplish personal service. (10) Kennedy must name, and have served, all USP-McCreary" John Doe Defendants" within 120 days of the date of entry of this Order. Otherwise, any claims against the "John Doe Defendants" will be dismissed. (11). Kennedy shall immediately advise the London Clerk's Office of any change in his mailing address . Failure to do so may result in dismissal of this case. (12). Kennedy must communicate with the Court solely through notices or motions filed with the London Clerk's Office. The Court will disregard correspondence sent directly to the Judge 9;s chambers. (13). For every further pleading or other document Kennedy wishes to submit to the Court, he shall serve upon each dft, or, upon each attorney, a copy of the pleading or other document. Kennedy shall send the original papers to be filed with the Clerk of the Court together with a certificate stating the date a true and correct copy of the document was mailed to each defendant or counsel. If a District Judge or Magistrate Judge receives any document which has not been filed with the Clerk, or which has been filed but fails to include the certificate of service of copies, he or she may disregard the document. Motions terminated: 16 MOTION for Order by John F. Kennedy filed by John F. Kennedy. Eric Wilson, Burchette and P. Settles in official capacities terminated. Signed by Judge Henry R. Wilhoit, Jr on 10/17/2011.(RBB)cc: COR, (paper copy forwarded to pro se plfk John F. Kennedy), certified copy to USM
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