Duncan v. West et al
| Demetrius Duncan |
| Jennifer West and Stephanie Summer |
| 6:2020cv00089 |
| April 15, 2020 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Filing 13 Summons Returned Unexecuted by Demetrius Duncan as to Jennifer West (No long employed at USP McCreary). (MM) |
| Filing 12 SUMMONS (USM Form) Returned Executed by Demetrius Duncan via Certified Mail to Service to U.S. Attorney executed via Certified Mail on 4/27/2020; Service to U.S. Attorney General executed via Certified Mail on 4/24/2020. (MM) |
| Filing 11 INITIAL FILING FEE received - $ 55.78, receipt number 6008235 (MM)cc: Finance |
| Filing 9 Summons Issued as to Stephanie Summer, Jennifer West, U.S. Attorney and U.S. Attorney General. Summons issued and delivered to U.S. Marshal for service (MM) (Additional attachment(s) added on 4/21/2020: #1 Receipt) (MM). |
Filing 8
ORDER: The Court has conducted an initial screening of Plaintiff Demetrius Duncan'sComplaint (Doc. #1 ) pursuant to 28 U.S.C. 1915A and 1915(e)(2) and concluded that it requires a response from the two named Defendants, Jennifer West and Stephanie Summer. Accordingly, IT IS ORDERED as follows: (1) A Deputy Clerk shall prepare four "Service Packets" for service upon Jennifer West, Stephanie Summer, and the United States of America. Each Service Packet shall include: a. a completed summons form; b. the Complaint (Doc. #1 ); c. this Order; and d. a completed USM Form 285; (2) The Deputy Clerk shall send the Service Packets to the USMS in Lexington, Kentucky, and note the date of delivery in the docket; (3) The USMS shall personally serve one Service Packet on each of the two named DefendantsJennifer West and Stephanie Summerat the United States PenitentiaryMcCreary in Pine Knot, Kentucky, through arrangement with the Federal Bureau of Prisons; (4) 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.; (5) Within sixty (60) days after being served, the Defendants must answer or otherwise respond to Duncan's Complaint (Doc. #1 ). (6) Finally, Duncan must immediately advise the Clerk of the Court of anychange in his mailing address. L.R. 5.2(e). Failure to do so may result in the dismissalof Duncan's case. Signed by Judge David L. Bunning on 4/20/2020.(MM)cc: COR and Demetrius Duncan by US Mail
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Filing 7
ORDER: Demetrius Duncan is a federal prisoner who was previously incarcerated at theUnited States Penitentiary-McCreary in Pine Knot, Kentucky. Proceeding without a lawyer, Duncan filed a civil rights Complaint (Doc. #1 ) with this Court, as well as a Motion for Leave to Proceed In Forma Pauperis (Doc. #2 ) and a request seeking the appointment of counsel (Doc. #3 -1 at 3). Accordingly, IT IS ORDERED as follows: (1) Duncan's "request to appoint counsel" (Doc. #3 -1 at 3) is DENIED without prejudice; (2) Duncan's Motion for Leave to Proceed In Forma Pauperis (Doc. #2 ) is GRANTED. Payment of the $50.00 administrative fee is WAIVED. However, pursuant to 28 U.S.C. 1915(b), Duncan must pay the $350.00 filing fee in the manner set forth below; (3) Within thirty (30) days from date of entry of this Order, Duncan must pay $55.78 to the Clerk of this Court as an initial partial filing fee.; (4) The Clerk of the Court shall open an account in Duncan's name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form [EDKY Form 525] with: (a) Duncan'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 Duncan is currently confined; (5) Once Duncan pays the initial partial filing fee, his custodian shall send the Clerk of this Court a payment each month out of Duncan's inmate trust fund account. This payment should be in an amount equal to 20% of Duncan's income from the preceding month. That said, the custodian shall only send a monthly payment if the amount in Duncan's account exceeds $10.00. Ultimately, the custodian shall continue the monthly payments until Duncan's entire $350.00 filing fee is paid.; (6) Duncan must also keep the Clerk of this Court apprised of any change in his address. If Duncan fails to notify the Clerk Office's in writing of a change in his address, the Court may dismiss his case; and (7) This matter now stands submitted for initial screening. Signed by Judge David L. Bunning on 4/20/2020. (MM)cc: COR, Finance, Warden of Terre Haute FCI (w/EDKy Form 525)and Demetrius Duncan by US Mail Modified text on 4/20/2020 (MM). (Additional attachment(s) added on 4/21/2020: #1 EDKy 525 Form) (MM).
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Filing 5
GENERAL ORDER 20-03 - COURT OPERATIONS RELATED TO COVID-19: 1. General Order does not apply to ongoing trials; 2. Continuation of civil & criminal trials per General Order 20-03 extended to civil & criminal trials set to begin 5/1/2020. 3. hearings in criminal cases through 5/1/2020, motion hearings, change of plea, & sentencings CONTINUED GENERALLY, subject to further orders. 4. Initial appearances & detention hearings proceed via remote attendance to extent possible; appearances by summons cont. after 5/1/20. 5. Except TROs, prel. inj., & emergency matters, in-person hrgs in civil cases through 5/1/2020 CONTINUED GENERALLY. Assigned judge may proceed by means not requiring personal appearance. 6. Absent exceptional circumstances, hrgs in emergency matters shall be conducted by means not requiring in-person attendance. 7. If a detention facility informs USM inmate is ill, inmate shall not be brought to Courthouse. 8. Naturalization ceremonies through 5/1/2020 are CONTINUED GENERALLY. 9. Settlement conferences through 5/1/2020 are CONTINUED GENERALLY. 10. Misd. & petty offense dockets through 5/1/2020 CONTINUED GENERALLY. 11. For complaints filed per False Claims Act, which remain under seal, US granted add'l 60 days to intervene or notify Court that it declines. 12. Courts remain open. Eff. 3/24/2020-5/1/2020 Courthouse open Mon-Fri 10 AM-2 PM. 13. Visitor restrictions apply & will be screened. 14. Gen. Order 20-02 remains in effect. 15. Court may issue further directives. Signed by Judge Danny C. Reeves on 3/23/2020.(MM)cc: COR and Demetrius Duncan by US Mail
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| Filing 4 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)(MM) |
| Filing 3 Prisoner Trust Fund Account Statement by Demetrius Duncan, pro se. (Attachments: #1 Exhibit to Certificate of Inmate Account, #2 Envelope - no postmark)(MM) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Demetrius Duncan, pro se. Motions referred to P SO. (Attachments: #1 Envelope - no postmark)(MM) |
| Filing 1 COMPLAINT referred to PSO, filed by Demetrius Duncan, pro se. (Attachments: #1 Envelope - no postmark)(MM) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #3 Prisoner Trust Fund Account Statement (MM) |
| Conflict Check run. (MM) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #2 MOTION for Leave to Proceed in forma pauperis by Demetrius Duncan (MM) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Complaint (Referred) (MM) |
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