Patton v. Blackburn et al
| Richard Patton, Jr. |
| B. Asher, B. Blackburn, B. Messer, Kathy Miracle, Autumn Lawson, Adam Morrow, J. Posey, Carrie Cunnagin and D. Mullins |
| 6:2019cv00177 |
| July 25, 2019 |
| US District Court for the Eastern District of Kentucky |
| Karen K Caldwell |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
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Filing 21
ORDER: 1. Patton's motion for an extension of time to pay his initial partial filing fee in this case [R. #18 ] is GRANTED. 2. Patton's initial partial filing fee is now due within 30 days from the entry of this Order. Signed by Judge Karen K. Caldwell on 09/19/2019. (KJA)cc: COR, pro se filer via US Mail
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Filing 19
Summons Issued as to B. Asher, B. Blackburn, Autumn Lawson, Kathy Miracle, D. Mullins, U.S. Attorney and U.S. Attorney General. Summons issued and delivered to U.S. Marshal for service (MM) (MM). (Additional attachment(s) added on 9/18/2019: #1 Receipt) (MM).
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Filing 18
REQUEST for Extension of Time to pay initial filing fee by Richard Patton, Jr, pro se. Motions referred to P SO. (Attachments: #1 Envelope - Postmarked 9/11/2019)(MM)
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Filing 17
NOTICE of Change of Address by Richard Patton, Jr, pro se. (Attachments: #1 Envelope - Postmarked 9/11/2019)(MM)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #18 REQUEST for Extension of Time to pay initial filing fee by Richard Patton, Jr, pro se. (MM)
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Filing 16
ORDER: It is ORDERED as follows: 1. Patton's claims against Nurse Morrow, Dr. Cunnagin, Lieutenant Messer, and Lieutenant Posey are DISMISSED without prejudice. Thus, the Clerk's Office shall TERMINATE these defendants from this action. 2. That said, Patton may PROCEED on his claims against the remaining five defendants. 3. The Deputy Clerk shall prepare seven (7) "Service Packets" for service upon Lieutenant B. Blackburn, Lieutenant B. Asher, Nurse Kathy Miracle, Lieutenant D. Mullins, and Nurse Autumn Lawson, as well as the United States of America. 4. The Deputy Clerk shall send the Service Packets to the USMS in Lexington, Kentucky and note the date of delivery in the docket. 5. The USMS shall personally serve the five remaining defendants at the United States Penitentiary McCreary in Pine Knot, Kentucky, through arrangement with the Federal Bureau of Prisons. 6. The USMS shall serve the United States of America by sending one 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 and another Service Packet by certified or registered mail to the Office of the Attorney General of the United States in Washington, D.C. 7. Patton must immediately advise the Clerks Office, in writing, of any change in his current mailing address. If Patton fails to do so, the Court will dismiss his case. 8. If Patton wishes to seek relief from this Court, he must do so by filing a formal motion with the Clerk's Office. Signed by Judge Karen K. Caldwell on 09/16/2019.(KJA)cc: COR, pro se filer via US Mail
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Filing 15
NOTICE re: Administrative Remedies by Richard Patton, Jr, pro se. (Attachments: #1 Administrative Remedies, #2 Envelope - Postmarked 8-26-2019)(MM)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #15 NOTICE re: Administrative Remedies by Richard Patton, Jr, pro se. (MM)
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Filing 14
NOTICE Styled re: Prison Administrative Remedies/Exhaustion "Thwarted" by Richard Patton, Jr., pro se. (Attachments: #1 Regional Administrative Remedy dated 5/5/2019, #2 mailing envelope, front and back, postmarked 08/14/2019)(KJA)
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Filing 13
ORDER: 1. Patton's motion #11 for Leave to Proceed in forma pauperis is GRANTED. Payment of the $50.00 administrative fee is WAIVED. Patton must pay the $350.00 filing fee in the manner set forth. 2. Within 30 days from the entry of this Order, Patton must pay $5.00 to the Clerk of this Court as an initial partial filing fee. 3. The Clerk of the Court shall open an account in Patton's name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form [E.D. Ky. 525 Form] with: (a) Pattons name, (b) his inmate registration number, and (c) this case number. The Clerk shall then send a copy of this Order and the Notice of Payment Form to the Warden of the institution in which Patton is currently confined. 4. Once Patton pays the initial partial filing fee, his custodian shall send the Clerk of this Court a payment each month out of Pattons inmate trust fund account until $350 filing fee is paid. 5. Patton must also keep the Clerk of this Court apprised of any change in his address. 6. This matter now stands submitted for initial screening pursuant Signed by Judge Karen K. Caldwell on 08/16/2019. (Attachments: #1 Form EDKy 525) (KJA)cc: COR, Finance, Order and Form EDKy 525 to Warden, USP McCreary, pro se filer via US Mail
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #14 Notice, Styled re: Prison Administrative Remedies/Exhaustion "Thwarted" by Richard Patton, Jr., pro se. (KJA)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #11 MOTION for Leave to Proceed in forma pauperis by Richard Patton, Jr., pro se. (KJA)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #12 Prisoner Trust Fund Account Statement (KJA)
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Filing 12
Prisoner Trust Fund Account Statement by Richard Patton, Jr., pro se. ***Mailing envelope attached at DE #11 . (KJA) Modified text on 8/9/2019 (KJA).
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Filing 11
MOTION for Leave to Proceed in forma pauperis by Richard Patton, Jr., pro se. Motions referred to P SO. (Attachments: #1 Cover Letter, #2 mailing envelope, front and back, postmarked 08/06/2019)(KJA)
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Filing 10
Letter from Richared Patton, Jr., pro se, requesting forms. Mailing envelope attached at DE #8 . (KJA)
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Filing 9
NOTICE to Inform the Court that I have not received Adequate Psychology Treatment and I have not received Adequate Proper Medical Care by Richard Patton, Jr., pro se. Mailing envelope attached at DE #8 . (KJA)
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Filing 8
NOTICE to Inform the Court that my Attempts at Exhaustion have been "Thwarted." by Richard Patton, Jr., pro se. (Attachments: #1 mailing envelope, front and back, postmarked 07/31/2019)(KJA)
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CLERK'S VIRTUAL NOTICE TO Richard Patton, Jr. re #10 Letter : Please find enclosed a free copy of the [Civil Rights/Bivens Action EDKy 520] in response to your request. cc: Richard Patton, Jr. by US Mail (KJA)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #8 Notice to Inform the Court that my Attempts at Exhaustion have been "Thwarted." #9 Notice to Inform the Court that I have not received Adequate Psychology Treatment and I have not received Adequate Proper Medical Care by Richard Patton, Jr., pro se. (KJA)
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Filing 7
ORDER: 1. denying #3 Motion for Leave to Proceed in forma pauperis. 2. Clerk send Patton blank forms: a. AO 240; and b. EDKY 523. 3. W/I 30 days Patton pay fee or file forms. 4. If Patton fails to take steps, Court will dismiss. 5. Patton keep Clerk informed of mailing address. Signed by Judge Karen K. Caldwell on 7/31/19. (SYD)cc: mailed w/forms to pro se filer
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Filing 6
NOTICE of Exhaustion of Administrative Remedies by Richard Patton, Jr (Attachments: #1 Envelope - Postmark illegible)(MM)
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Filing 5
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)
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Conflict Check run. (KJA)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #4 Prisoner Trust Fund Account Statement, #1 Complaint (Referred) (KJA)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #3 MOTION for Leave to Proceed in forma pauperis by Richard Patton, Jr (KJA)
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Filing 4
Prisoner Trust Fund Account Statement by Richard Patton, Jr., pro se. Mailing envelope attached at DE #1 . (KJA) Modified file date on 7/26/2019 (KJA).
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Richard Patton, Jr., pro se. Mailing envelope attached at DE #1 . Motions referred to P SO. (KJA)
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Filing 1
COMPLAINT referred to PSO, filed by Richard Patton, Jr., pro se. (Attachments: #1 Exhibit - BOP Health Services Clinical Encounter, #2 mailing envelope, front and back, postmarked 07/23/2019)(KJA)
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