Spencer v. Wilson et al
| Bart Spencer |
| S. Sims, J. Tucker, Anderson, Boggs, Eric D. Wilson, Rush, Willard, Terry Baker, Reams, Millisa Gregory, Jones, A. Bryant, Richard Ramirez, McCloud, Smith, Reinwald, R. Woods, Baker, W. Wood and Caldell |
| 6:2011cv00128 |
| May 2, 2011 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| McCreary |
| PSO |
| Gregory F. VanTatenhove |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
26
MEMORANDUM OPINION & ORDER: (1) Plaintiff Bart Spencer's Complaint [R. 2 ] is DISMISSED WITH PREJUDICE; (2) The motion to dismiss, or in the alternative, motion for summary judgment filed by Defendants Lieutenant Terry Baker and Correctional O fficer William Reams [R. 21 ] is DENIED as MOOT; (3) The Court will enter a judgment contemporaneously with this Memorandum Opinion and Order; and (4) This matter is STRICKEN from the active docket. Signed by Judge Karl S. Forester on 12/7/2012.(RBB)cc: COR (paper copy forwarded to pro se party via US Mail)
|
|
Filing
11
MEMORANDUM OPINION & ORDER: 1. Spencer's motion for default judgment [R. 8 ] is DENIED. 2. Spencer's motion to compel the defendants to answer the complaint [R. 9 ] is DENIED as MOOT. 3. Spencer's claims related to (a) his p lacement in segregation; (b) the conditions of his confinement in segregation; (c) medical treatment of his injuries received on August 21, 2009; (d) the denial of water and other beverages; (e) medical treatment of his anorexia/eating disorder; a nd (f) the filing of an allegedly false disciplinary charge against him, are DISMISSED WITH PREJUDICE. 4. Spencer's excessive force claims against all dfts except Terry Baker and Reams are DISMISSED WITH PREJUDICE; 5) Spencer's constitut ional claims against eighteen USP McCreary Dfts: Boggs (Head of Education, USP McCreary), A. Bryant (Physician Assistant, USP McCreary), Caldell (Physician Assistant, USP McCreary), Millisa Gregory (Head of Health Services, USP McCreary), Jone s (Head of Health Services, USP McCreary), McCloud (Assistant Warden, USP McCreary), Richard Ramirez (Medical Doctor, USP McCreary), Reinwald (Psychologist, USP McCreary), Rush (Head of Psychology, USP McCreary), S. Sims (Counselor, USP McC reary), Smith (Assistant Warden, USP McCreary), J. Tucker (Case Worker, USP McCreary), Willard (Psychologist, USP McCreary), Eric D. Wilson, W. Wood (Case Worker, USP McCreary), R. Woods (Case Worker, USP McCreary), Anderson (Case Worker, US P McCreary) and Baker (Physician Assistant, USP McCreary) are DISMISSED WITH PREJUDICE and the Clerk of Court shall note in CM/ECF cover sheet that these dfts are TERMINATED from this action; 6. Dfts Lt Terry Baker and Correctional Officer Ream s shall respond to Spencer's 8th Amendment excessive force claims and Clerk of Court shall issue summons for Terry Baker and Correctional Officer Reams in their individual capacities; 7) for dfts Baker & Reams, Clerk of Court shall prepare "Service Packets" consisting of following documents: a) Completed summons forms, b) Complaint 2 and all attachments thereto; c) This MOO; d) Completed USMS Form 285 for ea dft; If Clerk is unable to accurately complete any docs Clerk shall set forth reason in a docket enry; 8) for both dfts Clerk shall prepar 3 Service Packets ot be provided to USMS in Lexington, KY addressed as follows: a) to the Civil Process Clerk @ the Office of the US Atty for EDKY; b) to the Offi ce of the Atty General of the US in Washington, D.C.; and c) to Baker & Reams @ the US Penitentiary - McCreary in Pine Knot, KY; 9) London Clerk shall send by certified mail the required Service Packets for bothof the dfts to USM in Lexington , KY and enter the certified mail receipt into the record, noting inthe docket the date that Service Packet was delivered to USM; 10) USM shall serve both dfts: a. Sending a Service Packet for both defendants by certified or registered mail to the Civil Process Clerk at the Office of the United States Attorney for the Eastern District of Kentucky; b. Sending a Service Packet for both defendants by certified or registered mail to the Office of the Attorney General of the United States in Washington, D.C.; and c. Personally serving a Service Packet upon Baker and Reams at the United States Penitentiary - McCreary in Pine Knot, Kentucky, through arrangement with the Bureau of Prisons. 11. Spencer must advise the London Clerks Office of any change in his current mailing address. Failure to do so may result in dismissal of this case. 12. Spencer must communicate with the Court solely through notices or motions filed with the London Clerk's Office. 12. For every further pl eading or other document he wishes to submit to the Court, Spencer shall serve upon each defendant, or, if appearance has been entered by counsel, upon each attorney, a copy of the pleading or other document. Spencer 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. 13. The Court will disregard any document which has not been filed with the Cler k of the Court; which has been filed but fails to include the certificate of service of copies; or which has been sent directly to the Judge's chambers. Signed by Judge Karl S. Forester on 6/8/2012.(RBB)cc: COR (paper copy to pro se filer via US Mail); certified copy to USM
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
