Crafton v. West et al
| Joel D. Crafton |
| USP McCreary, Mrs. Lawson, Mr. Carpenter, Mrs. Cunnagin, Health Service Medical Staff, Mrs. West, Federal Medical Center, FMC Lexington, Kentucky, Federal Bureau of Prisons, Medical Staff, Francisco J. Quintana and USA |
| 6:2019cv00229 |
| September 23, 2019 |
| US District Court for the Eastern District of Kentucky |
| P SO |
| Gregory F VanTatenhove |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.
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Filing 11
Summons Issued as to Carpenter, Cunnagin, Lawson, Francisco J. Quintana, USA, West. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (KJA) (Additional attachment(s) added on 11/15/2019: #1 USM Receipt stamped 11/15/19) (KJA).
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Filing 10
ORDER: 1. Crafton's Fifth and Fourteenth Amendment claims are DISMISSED for failure to state a claim upon which relief may be granted; 2. To the extent that Crafton is asserting claims against the Federal Bureau of Prisons, USP-McCreary, FMC-Lexington, "medical staff," and "health service medical staff," those claims are also DISMISSED. As a result, the Clerk's Office shall TERMINATE these defendants from this action; 3. Crafton may PROCEED on his Eighth Amendment deliberate indifference claims against the five individual defendants; 4. Crafton may also PROCEED on his FTCA claim, and the Clerk's Office shall ADD the United States of America as defendant; 5. The Deputy Clerk shall PREPARE seven "Service Packets"one packet for service upon each of the five individual defendants and two packets for service upon the United States of America. 6. The Deputy Clerk shall send the Service Packets to the USMS in Lexington, Kentucky and note the date of delivery in the docket; 7. The USMS shall personally serve Mrs. West, Mrs. Cunnagin, and Mrs. Lawson at USP-McCreary in Pine Knot, Kentucky, through arrangement with the Federal Bureau of Prisons; 8. The USMS shall personally serve Francisco Quintana and Mr. Carpenter at the FMC in Lexington, Kentucky, through arrangement with the Federal Bureau of Prisons; 9. The USMS shall also 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.; 10. Crafton must immediately advise the Clerk's Office, in writing, of any change in his current mailing address. If Crafton fails to do so, the Court will dismiss his case; 11. Finally, if Crafton wishes to seek relief from this Court, he must file a formal motion with the Clerk's Office and include a certificate of service. Signed by Judge Gregory F. VanTatenhove on 11/14/2019.(KJA)cc: COR, pro se filer via US Mail
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Filing 9
Letter from Joel Crafton re: Civil suit and informing the Court of address (Attachments: #1 Envelope - Postmarked 10/31/2019) CLERK NOTE: Notice of Change of Address received at DE #8 dated 10/28/2019(MM)
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Filing 8
NOTICE of Change of Address by Joel D. Crafton, pro se. Notice states he is in transit at USP Atlanta waiting to be transferred to USP Big Sandy. (Attachments: #1 mailing envelope, front and back, postmarked 10/24/2019)(KJA)
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Filing 7
Mail Returned as Undeliverable. Mail sent to Joel D. Crafton re #6 Order. (MM)
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Filing 6
ORDER: 1. Crafton's motion for leave to proceed in forma pauperis [R. #2 ] is GRANTED. Payment of the $50.00 administrative fee is WAIVED. However, pursuant to 28 U.S.C. 1915(b), Crafton must pay the $350.00 filing fee in the manner set forth below. 2. Within 30 days from the entry of this Order, Crafton must pay $19.29 to the Clerk of this Court as an initial partial filing fee. 3. The Clerk of the Court shall open an account in Craftons name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form [E.D. Ky. 525 form] with (a) Crafton's 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 Crafton is confined. 4. Once Crafton pays the initial partial filing fee, his custodian shall send the Clerk of this Court a payment each month out of Crafton's inmate trust fund account. This payment should be in an amount equal to 20% of Crafton's income from the preceding month. That said, the custodian shall only send a monthly payment if the amount in Crafton's account exceeds $10.00. Ultimately, the custodian shall continue the monthly payments until Crafton's entire $350.00 filing fee is paid. 5. Crafton must keep the Clerks Office apprised of any change in his address. If Crafton fails to notify the Clerks Office of a change in his address, the Court may dismiss his case. 6. This matter now stands submitted for initial screening pursuant to 28 U.S.C. 1915A and 1915(e)(2). Motions terminated: #2 MOTION for Leave to Proceed in forma pauperis by Joel D. Crafton filed by Joel D. Crafton.. Signed by Judge Gregory F. Van Tatenhove on 10/10/2019. (Attachments: #1 Form EDKy 525)(RBB)cc: COR: Finance, paper copy to Joel D. Crafton w/EDKy 525 Form, via US Mail
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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)(RBB)
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Filing 3
Prisoner Trust Fund Account Statement by Joel D. Crafton, Pro Se. (Attachments: #1 Cover Letter)(RBB)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Joel D. Crafton, pro se. Motions referred to P SO. (RBB)
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Filing 1
COMPLAINT referred to Pro Se, filed by Joel D. Crafton, pro se. (Attachments: #1 Cover Letter, #2 Mailing Envelope, front & back, postmarked 9/19/2019)(RBB)
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***MOTION SUBMITTED TO CHAMBERS of Pro Se for review: re #2 MOTION for Leave to Proceed in forma pauperis by Joel D. Crafton (RBB)
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Conflict Check run. (RBB)
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