Chatmon v. West et al
| Carlton B. Chatmon |
| West, Jones, Cimarosa, U.S.P. McCreary and Health Services |
| 6:2016cv00085 |
| May 20, 2016 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| McCreary |
| Danny C. Reeves |
| P SO |
| Prison Condition |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
32
MEMORANDUM OPINION & ORDER: 1) Plaintiff Carlton B. Chatmons Eighth Amendment claims alleging deliberate indifference to his serious medical needs asserted against Physician's Assistant West, USP-McCreary; "Jones," Health Services Adm inistrator, USP-McCreary; and "Cimarosa," Health Services Administrator, USP-McCreary, in their official capacities, are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. 28 U.S.C. § 1915(e)(2)(B)( ii). The Clerk of the Court shall note on the docket sheet of this action that the official-capacity claims asserted against these defendants have been terminated. 2) Chatmon's Eighth Amendment claims seeking money damages from the BOP and the U SP-McCreary "Health Services Administration" are DISMISSED WITH PREJUDICE. 3) Chatmon's Eighth Amendment claims seeking injunctive relief are DISMISSED WITH PREJUDICE; 4) Chatmons Eighth Amendment individual-capacity claims alleging d eliberate indifference to his serious medical needs asserted against Defendants Physicians Assistant West, USP-McCreary; "Jones," Health Services Administrator, USP-McCreary; and "Cimarosa," Health Services Administrator, USP-McCr eary, shall proceed. These defendants must respond to these claims in their individual capacities. 5) Deputy Clerk in London directed to prepare service packets for Dfts West, Jones and Cimarosa; 6) Clerk send packets to the USMS in Lexington, KY; 7) USMS serve Dfts; 8) USMS responsible for ensuring dfts West, Jones and Cimarosa are sucessfully served w/process; 9) Within 40 days, USMS shall send a service report the London Clerk's Office; 10) Chatmon immediately advise the London Clerk 9;s Office of any change in mailing address; 11) Chatmon communicate w/the Court solely thru notices or motions filed w/the London Clerk's Office; 12) With every notice or motion filed w/the Court, Chatmon must: a) Mail a copy to each dft or his or her atty if represented; b) Certify that he has mailed a copy to each dft and the date on which this was done. The Court willdisregard any notice or motion which does not include this certification; 13) The Clerk of the Court shall transmit a copy of this Order to the United StatesCourt of Appeals for the Sixth Circuit, referencing Case No. 16-6769. Signed by Judge Danny C. Reeves on 12/21/2016.(MRS)cc: COR, Pro Se filer; 6CCA Clerk (16-6769)
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Filing
19
MEMORANDUM OPINION & ORDER: 1. Plaintiff Carlton Chatmon's motion for waiver of fees [Record No. 16 ] is DENIED. To the extent Chatmon requests pauper status, the motion [Record No. 16] is DENIED, as moot. 2. The plaintiff's motion for p roduction of documents [Record No. 17 ] is DENIED, as premature. 3. Chatmon's motion for leave to file an Amended Complaint [Record No. 18 ] is DENIED, without prejudice. Signed by Judge Danny C. Reeves on 8/9/16.(SYD)cc: mailed to pro se filer
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