Green v. USA et al
| John Green |
| C. Eichenlaub, USA, Eric D. Wilson, Terry Browder, Jimmy Pittman, Mitchell T. Fuseymore, H. Watts and P. Reach |
| 6:2011cv00059 |
| February 17, 2011 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| McCreary |
| PSO |
| Henry R. Wilhoit |
| Prison Condition |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
26
MEMORANDUM OPINION & ORDER: Case Terminated. 1. Plaintiff John Green's motion for reconsideration of the denial of the appointment of counsel [D. E. No. 25] is DENIED. 2. The Motionto Dismiss, or inthe Alternative, for Summary Judgment [D.E. N o. 20 ] filed by Defendants Jimmy Pittman and the United States is GRANTED. 3. The Court will enter an appropriate judgment. 4. This matter is STRICKEN from the active docket. Signed by Judge Henry R. Wilhoit, Jr on 1/17/2013.(RBB)cc: COR, paper copy to pro se filer via US Mail
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Filing
14
MEMORANDUM OPINION & ORDER: 1) Plf John Green's official capacity constitutional claims against all named dfts are DISMISSED WITH PREJUDICE; 2) Green's Fifth and Eighth Amendment claims against Dfts "P. Reach, USP-McCreary Counselo r; Eric Wilson, former Warden, USP-McCreary; Terry Browder, USP- McCreary Case Manager; "C." Eichenlaub, BOP Regional Director; Darrell Watts, BOP General Counsel; and Michelle Fuseymore, BOP Regional Counsel, are DISMISSED WITH PREJUDICE ; 3. Dft Jimmy Pittman, USP-McCreary Unit Manager, is directed to respond to Green's Fifth & Eighth Amendment claims and the Clerk of the Court shall issue summons for Dft Pittman in his individual capacity; 4) US shall respond to Green' ;s FTCA claims and the Clerk shall prepare and issue a summons for the US to respond to the Complaint 2 and attachments; 6) In add to the summons, the Clerk shall make for sets of copies of the summons and mark on set to be served on the US Atty General, one set to be served on the US Atty; one set to be served on the BOP; and one set to be served on Officer Jimmy Pittman; 6) Clerk shall also prepare as many copies of the Cmplaint 2 and this MOO as there are summonses and any required USMS Forms 285; copies of the Complaint and this MOO, 7) After the Clerk's Office has prepared the copies of the summons, USM for EDKY a Deputy Clerk shall deliver those documents by certified mail, return receipt requested to the USMS Offic e in Lexington, KY; 8) Deputy Clerk making the delivery to the USMS Office shall enter the time and fact of the delivery into the record; 9) USMS shall serve the copies of the summons, Complaint 2 and this MOO on the US Atty General in Washing ton, D.C.; on the US Atty for the EDKY and on the FBP each to be served by certified mail, return receipt requested. 10) The USMS shall serve the summons, Complaint 2 and this MOO on Officer Jimmy Pittman by personal service upon Pittman at the US Penitentiary-McCreary in Pine Knot, KY through arrangement w/the FBOP; 11) Green shall keep the Clerk of the Court informed of his current mailing address; Failure to notify the Clerk of any address change may result in a dismissal of this case ; and 12) For every further pleading or other document Green submits for consideration, he shall serve upon each Dft, or if appearance has been entered by counsel, upon ea atty, a copy of the pldg or other document; Green shall send his original p apers tot he Clerk of the Court together w/ a certificate stating the date on which he mailed a true and correct copy of the document to each dft or counsel; If a District Judge or Mag Judge reeives any document which has not been filed w/ the Clerk or which has been filed but fails to include the certificate of service of copies, the Court will disregard the document. Signed by Judge Henry R. Wilhoit, Jr on 6/11/2012.(RBB)cc: COR, paper copy to pro se party via US Mail
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