Holt v. Hogsten et al
| David Lawrence Holt |
| Greg Hall, John Doe(s), Angela M. Owens, Tim Powers, Pam Clark, Shirley Smith, Karen F. Hogsten and Robert D. Ranum |
| 6:2011cv00236 |
| August 22, 2011 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Clay |
| PSO |
| Gregory F. VanTatenhove |
| Prison Condition |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
78
MEMORANDUM OPINION & ORDER: (1) Defendants' Motion to Dismiss, pursuant to Fed. R. Civ. P. 12(b), or alternatively Motion for Summary Judgment [R. 63 ] is GRANTED; (2) Plaintiff David Lawrence Holt's Complaint [R. 1 ] and Amended Complaint [R. 21 ] are DISMISSED. (3) The Court will enter an appropriate judgment. (4) This matter is STRICKEN from the active docket. Signed by Judge Gregory F. Van Tatenhove on 03/13/2014.(KJA)cc: COR, mailed paper copy to pro se filer
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Filing
16
MEMORANDUM OPINION & ORDER: 1. Plaintiff David Lawrence Holt's negligence claims arising under the Federal Tort Claims Act are DISMISSED WITHOUT PREJUDICE to his right to re-file after he has properly presented his FTCA claims to the United St ates and exhausted his FTCA remedies. 2. Holt's Fifth Amendment claims concerning the disciplinary charges filed against him in Incident Report # #2085032) are DISMISSED AND DENIED AS MOOT. 3. Concerning Holt's Bivens claim, the Clerk of th e Court shall prepare the documents necessary for service of process upon the named FCI-Manchester defendants, in their individual capacities. 4. The Clerk of the Court shall prepare a Service Packet consisting of the listed documents for service of process upon the United States of America. 5. The Clerk of the Court shall make seven sets of copies of the above-described documents, each set containing the listed items. 6. The Deputy Clerk shall present the Service Packet(s) and copies to the USM Office in London, Kentucky. 7. Service of Process upon Defendants Warden Karen F. Hogsten; Associate Warden Robert D. Ranum; Associate Warden Angela M. Owens; Tim Powers, Safety Department Supervisor; Pam Clark, Facility Department Supervisor; Shirl ey Smith, Laurel-B Unit Manager; and, Greg Hall, former Laurel-B Unit Manager, shall be conducted by the USM in London, Kentucky, by serving a Service Packet personally. The USM Office is responsible for ensuring that each defendant is successfully s erved with process. 8. The USM Office must complete service on the named defendants by serving the copies described in above paragraph 4 by certified or registered mail to the Civil Process Clerk at the Office of the United States Attorney for the Ea stern District of Kentucky; the Office of the Attorney General of the United States in Washington, D.C.; and to the Office of the Federal Bureau of Prisons in Washington, D.C. 9. The plaintiff SHALL: Immediately advise the Clerks Office of any chang e in his or her current mailing address. Failure to do so may result in dismissal of this case. b. Communicate with the Court solely through notices or motions filed with the Clerks Office. The Court will disregard correspondence sent directly to the judges chambers. c. In every notice, motion, or paper filed with the Court, certify in writing that he or she has mailed a copy to every defendant (or his or her attorney) and state the date of mailing. The Court will disregard any notice or motion which does not include this certification. Clerk of the Court is directed to provide a courtesy copy of this Memorandum Opinion and Order to the United States Court of Appeals. Signed by Gregory F. VanTatenhove on 5/3/12.(SYD)cc: mailed to pro se filer; electronic to USCA-6th Circuit; individual summons handed to London USM; and USA summons by certified mail to USM in Lexington
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