Villarreal v. Holland et al
| Stephen Villarreal |
| J.C. Holland, B. Barron and J. Vasquez |
| 6:2014cv00009 |
| January 13, 2014 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| McCreary |
| PSO |
| David L. Bunning |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
25
MEMORANDUM OPINION & ORDER: IT IS ORDERED that Defendant Dr. Jorge Vazquez- Velazquez's Motion to Dismiss, or in the Alternative, for Summary Judgment (Doc. # 17 , Doc. # 19 , filed under seal at Doc. # 23 ) is granted. IT IS FURTHER ORDERED that the civil action is dismissed and stricken fromthe Court's docket. Case Terminated. Signed by Judge David L. Bunning on 1/15/2016.(RBB)cc: COR Modified on 1/15/2016 to state paper copy forwarded to Stephen Villarreal, via US Mail. (RBB).
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Filing
5
MEMORANDUM OPINION & ORDER: (1) Plaintiff Stephen Villarreal's Eighth Amendment Bivens claims seeking injunctive relief relative to his medical treatment are DENIED as MOOT. (2) Villarreal's Eighth Amendment Bivens claims seeking monetary and punitive damages from Defendants J.C. Holland, USP-McCreary Warden; "B." Barron, USP McCreary Health Services Administrator; and Dr. "J." Vazquez, USP-McCreary Clinical Director, in their official capacities, are DISMISSED WI THOUT PREJUDICE. (3) Villarreal's Eighth Amendment Bivens claims seeking monetary and punitive damages from Defendants J.C. Holland, USP- McCreary Warden, and "B." Barron, USPMcCreary Health Services Administrator, in their individua l capacities, are DISMISSED WITHOUT PREJUDICE. (4) Villarreal's Eighth Amendment Bivens claims seeking monetary and punitive damages from Dr. "J." Vazquez, in his individual capacity, shall proceed. (5) A Deputy Clerk in the London Cle rk's Office shall prepare a "Service Packet" for Dr. "J." Vazquez, Clinical Director of USP-McCreary, and the Service Packet shall include: (a) a completed summons form; (b) the Complaint (Doc. # 1) and all attachments ther eto; (c) this Memorandum Opinion and Order; and (d) a completed USM Form 285. (6) The London Deputy Clerk shall send the Service Packets to the USMS in Lexington, Kentucky. (7) For each defendant to be served, the USMS shall serve them by: (a) Send ing a Service Packet by certified or registered mail to the Civil Process Clerk at the Office of the United States Attorney for the Eastern District of Kentucky, (b) Sending a Service Packet for Dr. "J." Vazquez by certified or registered m ail to the Office of the Attorney General of the United States in Washington, D.C.; and(c) Personally serving Dr. "J." Vazquez, USP-McCreary Clinical Director,with a Service Packet through arrangement with the BOP. (8) The USMS is responsib le for ensuring that Dr. "J." Vazquez is successfully served with process. In the event that an attempt at service upon him is unsuccessful, the USM shall make further attempts and shall ascertain such information as is necessary to service . (9) Within 40 days of the date of entry of this Order, the USMS Office shall send a Service Report to the London Clerk's Office, which the Deputy Clerk shall file in the record, which states whether service has been accomplished with respect t o Dr. "J." Vazquez. (a) If Dr. "J." Vazquez is served by certified mail, the Service Report shall include: (1) a copy of the green card showing proof of service; or (2) a statement that the green card was not returned from the U.S . Postmaster, along with a "Track-and-Confirm" report from the U.S. Postal Service showing that a proof of delivery does notexist. (b). If Dr. "J." Vazquez is personally served, the Service Report shallindicate: (1) that the (1) t hat the defendant was successfully served personally, or (2) a statement explaining why the defendant could not be servedand what efforts are being taken to locate the defendant and accomplish personal service. (10) Villarreal must immediately advise the London Clerk's Office of any change in his current mailing address. Failure to do so may result in dismissal of this case. (11) With every notice or motion filed with the Court, Villarreal must perfect service as stated; The Court will disr egard any notice or motion which does not include this certification. (12) The Clerk of the Court shall send a copy of this Memorandum Opinion and Order to Villarreal at the following address: Stephen Villarreal, BOP Register No. 55745- 280, RRM San Antonio, 727 East Cesar E. Chavez Blv., Suite B-138, San Antonio, Texas, 78206. B. Barron, J.C. Holland and J. Vasquez in their official capacity added. B. Barron (Health Services Administrator) and J.C. Holland in their individual capacity t erminated. Signed by Judge David L. Bunning on 6/30/2014.(RBB)cc: COR, (USA/EDKY by certified mail; US Atty General by certified mail; Service package for personal service upon Dr. J. Vazquea forwarded to US Marshal for personal service; paper copy to Villarreal @RRM San Antonio as instructed in Order. Modified on 6/30/2014 (RBB).
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