Turner v. Ives

Turner v. Ives

Plaintiff:	Kory Turner
Defendant:	Richard B. Ives
Case Number:	6:2011cv00340
Filed:	December 13, 2011
Court:	US District Court for the Eastern District of Kentucky
Office:	London Office
County:	McCreary
Presiding Judge:	PSO
Presiding Judge:	Karl S. Forester
Nature of Suit:	Civil Rights
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	None

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Date Filed	Document Text
January 27, 2012	Filing 11 MEMORANDUM OPINION & ORDER: (1) Plaintiff Kory L. Turner's construed First, Fifth, and Eighth Amendment constitutional claims against the Bureau of Prisons are DISMISSED WITH PREJUDICE; (2) Turner's First, Fifth, and Eighth Amendment const itutional claims against Richard B. Ives, Warden of USP-McCreary, are DISMISSED WITHOUT PREJUDICE for obvious failure to exhaust; (3) Turner's construed FTCA claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction and obvi ous failure to exhaust; (4) If Turner files another federal Bivens civil rights action asserting constitutional claims about the conditions of his confinement, he must fully exhaust such claims through the BOPs administrative remedy procedures and ei ther pay the $350.00 filing fee or seek permission to proceed in forma pauperis; (5) This action is DISMISSED from the docket of the Court; and (6) Judgment shall be entered contemporaneously with this Memorandum Opinion; and (7) The Clerk of the Court shall send a copy of this Memorandum Opinion andOrder, and attached Judgment, to Turner at the FCI-Butner. Signed by Judge Karl S. Forester on 1/27/12.(SYD)cc: mailed to pro se filer at FCI-Butner

Date Filed

Document Text

January 27, 2012

Filing 11 MEMORANDUM OPINION & ORDER: (1) Plaintiff Kory L. Turner's construed First, Fifth, and Eighth Amendment constitutional claims against the Bureau of Prisons are DISMISSED WITH PREJUDICE; (2) Turner's First, Fifth, and Eighth Amendment const itutional claims against Richard B. Ives, Warden of USP-McCreary, are DISMISSED WITHOUT PREJUDICE for obvious failure to exhaust; (3) Turner's construed FTCA claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction and obvi ous failure to exhaust; (4) If Turner files another federal Bivens civil rights action asserting constitutional claims about the conditions of his confinement, he must fully exhaust such claims through the BOPs administrative remedy procedures and ei ther pay the $350.00 filing fee or seek permission to proceed in forma pauperis; (5) This action is DISMISSED from the docket of the Court; and (6) Judgment shall be entered contemporaneously with this Memorandum Opinion; and (7) The Clerk of the Court shall send a copy of this Memorandum Opinion andOrder, and attached Judgment, to Turner at the FCI-Butner. Signed by Judge Karl S. Forester on 1/27/12.(SYD)cc: mailed to pro se filer at FCI-Butner

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Defendant: Richard B. Ives
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Plaintiff: Kory Turner
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