Kirkwood v. Ives et al
| Kelly C. Kirkwood |
| K. Williams, T. Doolin, P. Poston, J. Cornelius, K. Johnson, Eric D. Wilson, J. Ray Ormond, Sheila R. Mattingly, Jane and John Does, S. Saylor and R. Ives |
| 6:2011cv00210 |
| July 27, 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 |
| Plaintiff |
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Filing
48
MEMORANDUM OPINION & ORDER: IT IS ORDERED as follows: The defendants' Motion to Dismiss is Denied as Moot but their Motion for Summary Judgment, D.E. No. 38 , is GRANTED. 2. The Court will enter a judgment conte mporaneously with this order. Case Terminated, Motions terminated: 38 MOTION to Dismiss by J. Cornelius, T. Doolin, K. Johnson, P. Poston, S. Saylor, K. Williams filed by S. Saylor, K. Johnson, J. Cornelius, K. Williams, P. Poston, T. Doolin. Signed by Judge Henry R. Wilhoit, Jr on 07/26/2012.(KJA)cc: COR; mailed paper copy to pro se filer
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Filing
28
MEMORANDUM OPINION & ORDER: (1) Plaintiff Kelly C. Kirkwood's First, Fifth, and Sixth Amendment Bivens claims asserted against all of the named the defendants, in their official capacities, are DISMISSED; (2) Kirkwood's First, Fifth, and S ixth Amendment Bivens claims asserted against (a) Richard B. Ives, Warden; (b) Eric D. Wilson, Former Warden; ( c) "J." Ray Ormond, Associate Warden; and (d) SheilaR. Mattingly, Inmate Systems Supervisor in their individual capacities, are DISMISSED; (3) Kirkwood's claims asserted under the Administrative Procedure Act, 5 U.S.C. § 702 et seq are DISMISSED; (4)Kirkwood's First, Fifth, and Sixth Amendment Bivens claims asserted against (a) "P." Poston, (b) " J." Cornelius, (c) "K." Johnson, (d) "S." Saylor, (e) "K." Williams, and (f) "T." Doolin, in their individual capacities, stemming from the alleged legal mail-opening events of March 21, 2011, as set forth in his original Complaint, [D. E. No. 2 ], are DISMISSED; (5) Defendants Poston, Cornelius, Johnson, Saylor, Williams, and Doolin, in their individual capacities, must respond to Kirkwood's First, Fifth, and Sixth Amendment Bivens claims stemmi ng from the alleged legal mail opening events of December 21,2010, set forth in the original Complaint, [D. E. No. 2 ]. (6)Kirkwood's motion to file a First Amended Complaint, [D. E. No. 5 ], is SUSTAINED, and the Clerk of the Court shall docket Kirkwood's tendered First Amended Complaint, [D. E. No. 6 ], as the" Amended Complaint" filed as of August 31,2011; (7) Kirkwood's motion to file a Second Amended Complaint, [D. E. No. 9 ], and his motion to file a Third Amended Complaint, [D. E. No. 20 ], are OVERRULED and DENIED; (8) The Clerk of the Court shall issue summonses for USP-McCreary Mail Room Specialists (a) "P." Poston, (b) "J." Cornelius, (c) "K." Johnson, (d) "S." Sa ylor, (e) "K." Williams, and (t) "T." Doolin, in their individual capacities; For each dft, Clerk shall prepare a "Service Packet" consisting of items a-d. (10) For each def to be served, the Clerk shall prepare three (3 ) Service Packets to be provided to USMS address as set out in a-c. (11) Clerk shall send by certified mail the required Service Packets for each of the defendants to USMS in Lexington, Kentucky. The Clerk shall enter the certified mail receipt into the record. (12) USMS shall serve each defendant as set out in items a-c. (13) Within 40 days of the date of entry of this Order, the USMS shall send a Service Report to the London Clerk's Office. The service report shall include items set out i n a and b. (14) Kirkwood's failure to identify unknown John and Jane Doe Defendants, and have them served within 120 days after the date of this Memorandum Opinion and Order, will result dismissal of the claims asserted against them. (15)Kirkwoo d must advise the Clerk's Office of any change in his current mailing address. (16) Kirkwood must communicate with the Court solely through notices or motions filed. (17) For every further pleading or other document he wishes to submit to the Co urt, Kirkwood shall serve upon each defendant, or, if appearance has been entered by counsel, upon each attorney, a copy of the pleading or other document. Kirkwood 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 ofthe document was mailed to each defendant or counsel; and(18) The Court will disregard any document which has not been filed with the Clerk of the Court; which has been filed but fails to inclu de the certificate of service of copies; or which has been sent directly to the Judge's chambers; and (19) The Clerk of the Court is directed to forward a copy of this Order to the Clerk of the Sixth Circuit Court of Appeals. J. Ray Ormond, Eric D. Wilson, R. Ives and Sheila R. Mattingly terminated. Signed by Judge Henry R. Wilhoit, Jr on 12/9/11.(SYD)cc: mailed to pro se filer, electronic 6th Circuit
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