Walker v. U.S. Department of Justice et al
||J.C. Holland, Joe Doe, Rhonda Jones, Pamela Poston, Leroy Chaney, McCoy, G. Wilson, Dinkins and U.S. Department of Justice
||April 20, 2018
||US District Court for the Eastern District of Kentucky
||Karen K. Caldwell
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|May 29, 2019
MEMORANDUM OPINION & ORDER: Kennedy Walker is a prisoner who was previously confined at the United States Penitentiary (USP) McCreary in Pine Knot, Kentucky, and is now incarcerated at the Federal Correctional Institution (FCI) in Jesup, Georgia . Proceeding without a lawyer, Walker filed a civil rights complaint with this Court in which he pursued multiple claims, including claims against the United States of America pursuant to the Federal Tort Claims Act (FTCA). The United States filed a motion to dismiss Walker's case or, in the alternative, a motion for summary judgment. Walker then filed a response in opposition, the United States filed a reply, and Walker filed a sur reply. Thus, the United States' dispositive motion is ripe for a decision. ORDERED as follows: 1. The Government's motion to dismiss or, in the alternative, motion for summary judgment [R. 30 ] is DENIED. 2. Pursuant to 28 U.S.C. § 636(b), this matter is REFERRED to a United States Magist rate Judge to conduct all further pretrial proceedings, including overseeing discovery and preparing proposed findings of fact and recommendations on any future dispositive motions.3. The Clerk of the Court shall ASSIGN this matter to a United States Magistrate Judge. Motions terminated: 30 MOTION to Dismiss by USA or in the alternative MOTION for Summary Judgment by USA filed by USA. Case reassigned to Magistrate Judge Matthew A. Stinnett for all further proceedings. P SO no longer assigned to case. Signed by Judge Karen K. Caldwell on 5/29/2019.(RBB)cc: COR, Kennedy Walker, pro se, via US Mail
|June 12, 2018
MEMORANDUM OPINION & ORDER: 1. Walker's federal constitutional and state law negligence claims against USP McCreary Officer McCoy, Officer G. Wilson, Officer Dinkins, Officer John Doe, Lieutenant Leroy Chaney, Warden J.C. Holland, Health Se rvices Administrator Rhonda Jones, Captain John Doe, and Unit Manager Pamela Poston are DISMISSED with prejudice. The Clerk of the Court shall TERMINATE these defendants from this action. 2. The Clerk shall SUBSTITUTE the "United States of America" for "United States of America Department of Justice Federal Bureau of Prisons." 3. Walker's FTCA claims against the United States of America may PROCEED. 4. The Deputy Clerk shall prepare (2) "Service Packets&q uot; for service upon the USA. 5. The Clerk shall send the Service Packets to the USMS in Lexington, KY, and note date of delivery in the docket. 6. USMS shall serve USA by send Service Packet by certified or registered mail to U.S. Attorney EDKy and the U.S. Attorney General. 7. Walker must immediately advise the Clerk's Office of any change in his current mailing address. If Walker fails to do so, the Court may dismiss his case. 8. If Walker wishes to seek relief from the Court, he must do so by filing a formal motion sent to the Clerks Office. Every motion Walker files must include a certificate of service. The Court will disregard letters sent to the Judge's chambers or motions lacking a certificate of service. Signed by Judge Karen K. Caldwell on 06/12/2018.(KJA)cc: COR, mailed paper copy to pro se filer
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