McHargue v. Pickard et al
| Derek McHargue |
| Joshua Pickard, Collins and John and/or Jane Does |
| 6:2020cv00114 |
| May 28, 2020 |
| US District Court for the Eastern District of Kentucky |
| Joseph M Hood |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 6 MOTION for Reconsideration re #5 Judgment and #4 Memorandum Opinion & Order, by Derek McHargue, pro se. Motions referred to P SO. (Attachments: #1 Envelope - Postmarked 6-11-2020)(MM) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #6 MOTION for Reconsideration re #5 Judgment, #4 Memorandum Opinion & Order by Derek McHargue (MM) |
Filing 5
JUDGMENT: Consistent with the Memorandum Opinion and Order entered this date and pursuant to Federal Rule of Civil Procedure 58, it is ORDERED and ADJUDGED as follows: 1. To the extent that the McHargue's complaint [R. #1 ]alleges federal law claims brought pursuant to 42 U.S.C. 1983, these claims are DISMISSED WITH PREJUDICE; 2. The remaining state law claims alleged in McHargue's complaint [R. #1 ] are DISMISSED WITHOUT PREJUDICE; 3. This action is DISMISSED and STRICKEN from the Court's docket; and 4. This is a FINAL and APPEALABLE Judgment, and there is no just cause for delay. Signed by Judge Joseph M. Hood on 6/5/2020.(MM)cc: COR and Derek McHargue by US Mail
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Filing 4
MEMORANDUM OPINION AND ORDER: Plaintiff Derek McHargue is an inmate currently confined at the Laurel County Detention Center ("LCDC") in London, Kentucky.Proceeding without an attorney, McHargue has filed a civil rights action against prison officials pursuant to 42 U.S.C. 1983. [R. #1 ]. McHargue has neither paid the filing fee nor has he filed a motion for leave to proceed in forma pauperis. [R. #1 -1]. Accordingly, the Court hereby ORDERS as follows: 1. McHargue's payment of the filing and administrative fees is WAIVED; 2. To the extent that the McHargue's complaint [R. #1 ] alleges federal law claims against the Defendants pursuant to 42 U.S.C. 1983, these claims are DISMISSED WITH PREJUDICE; 3. McHargue's remaining state law claims are DISMISSED WITHOUT PREJUDICE; 4. Any pending requests for relief are DENIED AS MOOT; 5. JUDGMENT shall be entered contemporaneously with this Order; and 6. This action is STRICKEN from the Court's docket. Signed by Judge Joseph M. Hood on 6/5/2020.(MM)cc: COR and Derek McHargue by US Mail
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| Filing 3 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) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Complaint (Referred) (KJA) |
| Conflict Check run. (KJA) |
| Filing 1 COMPLAINT referred to PSO, filed by Derek McHargue, pro se. (Attachments: #1 Cover Letter, #2 mailing envelope, front and back, postmarked 05/26/2020)(KJA) |
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