Macleod v. Grajales et al
| Keith Shane Macleod |
| Olga Grajales, Tidwell, Tamara Jarvis, A. Ortiz, Fernandez, Jude Onuoha, J.C. Holland and J. Vazquez |
| 6:2013cv00188 |
| September 25, 2013 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| McCreary |
| PSO |
| Danny C. Reeves |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
35
MEMORANDUM OPINION & ORDER: 1. The motion to dismiss or, in the alternative, for summary judgment filed by Defendants Dr. Jorge Vazquez Velazquez and Dr. Jude Onuoha [Record No. 25 ] is GRANTED. 2. The Court will enter an appropriate Judgment this date. 3. This civil action is DISMISSED and STRICKEN from the Court's docket. Signed by Judge Danny C. Reeves on 2/13/15.(SYD)cc: COR, mailed to pro se filer
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Filing
11
MEMORANDUM OPINION & ORDER: 1. The Clerk of the Court shall substitute Francisco Quintana, former Warden of USP-Victorville, as a defendant to this action. The Clerk of the Court shall remove Dr. Fernandez as a defendant to this action.2. Macleod� 39;s Bivens claims against Warden J.C. Holland and Warden Francisco Quintana, are DISMISSED. Defendants Holland and Quintana are DISMISSED from this action. 3. Macleod's negligence claims against Dr. Jude Onuoha, USP- McCreary Clinical Director , are DISMISSED. 4. Macleod's claims against Defendant Olga Grajales, Dr. Tidwell, Warden Tamara Jarvis, and Dr. A. Ortiz, are DISMISSED for lack of personal jurisdiction. These defendants are DISMISSED as parties to this action. 5. Macleod& #039;s Fifth and Eighth Amendment Bivens claims against Dr. Jude Onuoha and Dr. J. Vazquez in their official capacities are DISMISSED. Macleod's Eighth Amendment claims against Dr. Onuoha and Dr. Vazquez in their individual capacities will be permitted to proceed. 6. The Clerk of Court shall prepare the documents necessary for service of process upon USP-McCreary Defendants Dr. Jude Onuoha and Dr. J. Vazquez, in their individual capacities. Each service packet shall include: a. a co mpleted summons form; b. the Complaint and attachments thereto [Record No. 1 ]; c. this Order; and d. a completed USM Form 285. 7. The Clerk shall present the service packet(s) and copies to the USM Office in London, Kentucky. 8. For both defen dants to be served, service of process shall be conducted by the USM Office in London, Kentucky, by serving a Service Packet personally upon the defendants, through arrangement with the Federal Bureau of Prisons. The USM Office is responsible fo r ensuring that each defendant to be served is successfully served with process. In the event that an attempt at service upon any defendant is unsuccessful, the USM Office shall make further attempts and ascertain such information necessary to ensur e successful service. 9. The USM Office must complete service on the named defendants by serving the copies described above by certified or registered mail to: a. one set of copies to the Civil Process Clerk at the Office of the United States Attorn ey for the Eastern District of Kentucky; b. one set to the Office of the Attorney General of the United States in Washington, D.C.; andc. one set to the Office of the Federal Bureau of Prisons in Washington, D.C. 10. The plaintiff must immediately a dvise the Clerks Office of any change in his current mailing address. Failure to do so may result in dismissal of this case. Plf must communicate with the Court solely through notices or motions filed with the Clerk's Office. The Court will di sregard correspondence sent directly to the judge's chambers. 11. With every notice or motion filed with the Court, the plaintiff must (a) mail a copy to each defendant (or his or her attorney); and (b) at the end of the notice or motion, certi fy that he has mailed a copy to each defendant (or his or her attorney) and the date on which this was done. The Court will disregard any notice or motion that does not include this certification. Jude Onuoha and Francisco Quintana added in the ir official capacity. J.C. Holland (USP-McCreary), Tamara Jarvis, A. Ortiz ((FNU)), Tidwell (Staff Director, USP-Coleman (FNU)), Fernandez ((FNU)), Dr. Jude Onuoha (Clinical Director, USP - McCreary) in his official capacity, Dr. J. Vazquez (Cli nical Director USPMcCreary) in his official capacity and Olga Grajales (Clinical Director, USP-Coleman) terminated. Signed by Judge Danny C. Reeves on 4/8/2014.(RBB)cc: COR, paper copy to Keith Shane Macleod via US Mail. Modified on 4/9/2014 (RBB).
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