Spigelman v. Samuels et al
| Joel Steven Spigelman |
| Charles E. Samuels, Jr., Richard B. Ives, H. Quay, J. G. Hallock and D. Basile |
| 6:2013cv00074 |
| April 8, 2013 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| McCreary |
| PSO |
| Gregory F. VanTatenhove |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| Plaintiff |
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Filing
51
MEMORANDUM OPINION & ORDER: 1) Defendants Motion to Dismiss or alternatively Motion for Summary Judgment [R. 40] is GRANTED; 2) Plaintiff Joel Spigelman's Complaint [R. 1] is DISMISSED; 3) All pending motions DENIED as moot; 4) The Court will enter an appropriate judgment; 5) This matter is STRICKEN from the active docket. Signed by Judge Gregory F. VanTatenhove on 3/26/2015.(RC)cc: COR, paper copy to pro se filer
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Filing
9
MEMORANDUM OPINION AND ORDER: 1) The Clerk of the Court shall prepare the documents necessary for service of process upon the named defendants in their individual capacities: a) Charles E. Samuels, Jr., Director Bureau of Prisons; b) Richard B. Ive s, Warden, USP-McCreary; c) H Quay, Associate Warden, Programs, USP-McCreary; d) J.G. Hallock, Supervisory Chaplain, USP-McCreary; and e) D. Basile, Chaplain, USP-McCreary; 2) The Clerk of the Court shall prepare a "Service Packet" consisti ng of the following documents for service upon the Defendants: a) a completed summons form; b) the complaint and attachments thereto [R.1]; c) this Order; and d) a completed USM Form 285; 3) The Deputy Clerk shall provide the Service Packets and copi es to the USM in Lexington, Kentucky; 4) Service of process upon Defendants Richard B. Ives, Warden; H. Quay, Associate Warden, Programs; J.G. Hallock, Supervisory Chaplain; and D. Basile, Chaplain, all prison staff at USP-McCreary, shall be conducte d by the United States Marshals be serving a Service Packet personally upon each of them. The USM Office is responsible for ensuring that each defendant is successfully served with process. In the event that an attempt at service upon defenda nt is unsuccessful, the USM Office shall make further attempts and shall ascertain such information as is necessary to ensure successful service; 5) Service of Process upon Defendant Charles E. Samuels, Jr., Director, Federal Bureau of Prisons shall be made by certified or registered mail, return receipt requested to Charles E. Samuels, Jr., Director, Federal Bureau of Prisons at the BOP's Central Office in Washington, DC; 6) The USM Office must complete service on the named Defendan ts by serving the Service Packets described in the above paragraph 2 by certified or registered mail to: a) one set of the copies to the Civil Process Clerk at the Office of the United States Attorney for the Eastern District of Kentucky; b) o ne set to the Office of the Attorney General of the United States in Washington, DC; and c) one set to the office of the Federal Bureau of Prisons in Washington, DC; 7) Spigelman must advise the Clerk's Office of any change in his current mailin g address. Failure to do so may result in dismissal of this case; 8) Spigelman must communicate with the Court solely through notices or motions filed with the Clerk's Office; 9) For every further pleading or other document he wishes to submit t o the Court, Spigelman shall serve upon the Defendants, or, if appearance has been entered by counsel, upon Defendants' attorney, a copy of the pleading or other document. Spigelman shall send the original papers to be filed with the Clerk of th e Court together with a certificate stating the date a true and correct copy of the document was mailed to the defendants or counsel; 10) The Court will disregard any document which has not been filed with the Clerk of the Court; which has been filed but fails to include a certificate of service of copies; or which has been sent directly to the Judge's chambers. Signed by Judge Gregory F. Van Tatenhove on 10/21/2013.(RC)cc: COR, paper copy to pro se filer
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