Tracey v. Wayne Co. Detention Center et al
| Adam W. Tracey |
| Harvey Shearer, John or Jane Does, Wayne Co. Detention Center and Sheriff Tim Catron |
| 6:2018cv00269 |
| October 22, 2018 |
| US District Court for the Eastern District of Kentucky |
| Claria Horn Boom |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 19
ORDER: 1. Tracey's motion for leave to proceed in forma pauperis [R. #15 ] is DENIED AS MOOT. 2. To the extent that Tracey is seeking further relief from this Court with respect to the claims raised in his original complaint, that request is DENIED. That said, Tracey may otherwise proceed in accordance with this order. Signed by Judge Claria Horn Boom on 11/9/2018.(RBB)cc: COR, paper copy to Adam W. Tracey, via US Mail.
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| Filing 18 Letter to the Clerk from Adam W. Tracey, pro se. (Attachments: #1 mailing envelope, front and back, postmarked 11/02/2018) (KJA) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #18 Letter to the Clerk from Adam W. Tracey, pro se. (KJA) |
| Filing 17 NOTICE OF FILING Proposed Summons (to Mr. Harvey Shearer, Jail Lt. (Name Unknown), Jail Sgt. (Name Unknown), and Jail Captain (Name Unknown) by Adam W. Tracey, pro se re #1 Complaint. (Attachments: #1 Mailing Envelope, front & back, postmarked 10/19/2018)(RBB) |
| Filing 16 Prisoner Trust Fund Account Statement by Adam W. Tracey, pro se. (RBB) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis by Adam W. Tracey, pro se. Motions referred to P SO. (Attachments: #1 Mailing Envelope, front & back, postmarked 10/19/2018, #2 Proposed Summons John/Jane Doe # 1-10)(RBB) |
| Filing 14 Letter from Adam Tracey, pro se, requesting summons be issued for Tim Catron. (Attachments: #1 Mailing Envelope, postmarked 10/20/2018) (RBB) |
| Filing 13 AMENDED COMPLAINT against John or Jane Does, Harvey Shearer, Wayne Co. Detention Center, filed by Adam W. Tracey, pro se. (Attachments: #1 Mailing Envelope, front & back, postmarked 10/19/2018)(RBB) |
| ***MOTION SUBMITTED TO CHAMBERS of Pro Se for review: re #15 MOTION for Leave to Proceed in forma pauperis by Adam W. Tracey, pro se. (RBB) |
| Filing 12 JUDGMENT: 1. Adam W. Tracey's claims against the Wayne County Detention Center and the four prison employees in their official capacities are DISMISSED with prejudice. 2. This action is STRICKEN from the Court's docket. 3. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Claria Horn Boom on 10/26/2018.(RBB)cc: COR, paper copy to Adam W. Tracey, via US Mail. |
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Filing 11
MEMORANDUM OPINION & ORDER: Adam W. Tracey is a pretrial detainee in Ohio who was previously confined at the Wayne County Detention Center (WCDC) in Monticello, Kentucky. Proceeding without a lawyer, Tracey filed a civil rights complaint in which he alleges that employees at the WCDC failed to provide him with proper medical care after he was exposed to smoke from a fire at the detention center. [R. #1 at p. 4-5]. Tracey lists the WCDC and four prison employees as defendants, but he is only suing the employees in their official capacities. 1. Tracey's claims against the WCDC and the four prison employees in their official capacities are DISMISSED with prejudice. 2. All pending motions are DENIED as moot. 3. This action is STRICKEN from the Court's docket. 4. A corresponding Judgment will be entered this date. Signed by Judge Claria Horn Boom on 10/26/2018.(RBB)cc: COR, paper copy to Adam W. Tracey, via US Mail.
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| Filing 10 IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 Sample Caption Page)(KJA) |
| Filing 8 CASE TRANSFERRED IN from District of Kentucky Western. Case number 3:18-cv-00663. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR w/ copy of docket sheet to Tracey via US Mail |
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Filing 7
ORDER by Senior Judge Charles R. Simpson, III on 10/22/2018 Dismissing Case. The instant action shall be TRANSFERRED to the United States District Court for the Eastern District of Kentucky, Southern Division at London, pursuant to 28 U.S.C. 1406(a) for all further proceedings. All further filings shall be filed with that court. cc: Counsel, Pro Se Plaintiff (MEJ) [Transferred from kywd on 10/22/2018.]
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| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #5 MOTION for Leave to Proceed in forma pauperis (CBD) |
| Conflict Check run. (CBD) |
| Filing 6 Prisoner Trust Fund Account Statement re #5 MOTION for Leave to Proceed in forma pauperis filed by Adam W. Tracey. (DJT) [Transferred from kywd on 10/22/2018.] |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Plaintiff Adam W. Tracey (DJT) [Transferred from kywd on 10/22/2018.] |
| Filing 4 Response to #3 Notice of Deficiency, filed by Adam W. Tracey. (DJT) [Transferred from kywd on 10/22/2018.] |
| Filing 3 NOTICE of Deficiency re #1 Complaint. Lack of original signature on Complaint. Missing Summons on one or more Defendants listed. No Filing Fee or Application to Proceed Without Prepayment of Fees, and no Prison Trust Account Statement was tendered. Failure to comply will be brought to the attention of the Court. Response due by 11/09/2018. cc: Adam W. Tracey, Pro Se (VS) [Transferred from kywd on 10/22/2018.] |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson Ill. Magistrate Judge designation: Judge Colin H. Lindsay. (VS) [Transferred from kywd on 10/22/2018.] |
| Filing 1 COMPLAINT against All Defendants, filed by Adam W. Tracey, Pro Se. (Attachments: #1 Tendered Summons). (VS) (Additional attachment(s) added on 10/11/2018: #2 Signature Page) (MEJ). (Additional attachment(s) added on 10/11/2018: #3 Summonses) (MEJ). (Additional attachment(s) added on 10/15/2018: #4 Summons) (DJT). [Transferred from kywd on 10/22/2018.] |
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