Anderson v. Fuson et al
| Darnell Anderson |
| L. Chaney, A. Fuson, D. Gabbard, Whitaker and Leiutenant Posey |
| 6:2020cv00118 |
| June 5, 2020 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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Filing 14
Summons Issued as to L. Chaney, A. Fuson, D. Gabbard, Posey, Whitaker, U.S. Attorney and U.S. Attorney General. Summons issued and delivered to U.S. Marshal for service (MM) (Additional attachment(s) added on 7/17/2020: #1 Receipt) (MM).
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Filing 13
ORDER: The Court has conducted an initial screening of Plaintiff Darnell Anderson's Complaint pursuant to 28 U.S.C. 1915A and 1915(e)(2) and concluded that it requires a response from the named defendants. Accordingly, it is hereby ORDERED as follows: 1. A deputy clerk is directed to prepare seven (7) "Service Packets" for service upon Officer A. Funson, Lieutenant L. Chaney, Officer D. Gabbard, Lieutenant Posey, and Officer Whitaker, as well as the United States of America. Each Service Packet shall include: a. a completed summons form; b. the Complaint, which consists of Anderson's completed Court-approved form at Record No. #9 , as well as those documents he previously filed at Record No. #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 the five named defendants at the United States Penitentiary McCreary in Pine Knot, Kentucky, through arrangement with the Federal Bureau of Prisons. 4. The USMS shall also serve the United States of America by: (a) 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 (b) sending another Service Packet by certified or registered mail to the Office of the Attorney General of the United States in Washington, D.C. 5. Anderson must keep the clerk's office apprised of any change of his address. He is cautioned that if he fails to notify the clerk's office of a change in his address, his case may be dismissed. Signed by Judge Danny C. Reeves on 7/16/2020.(MM)cc: COR and Darnell Anderson by US Mail
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Filing 12
ORDER: Accordingly, it is hereby ORDERED as follows: 1. Anderson's motion for leave to proceed in forma pauperis [Record No. #10 ] is GRANTED. Payment of the $50.00 administrative fee is WAIVED. Anderson must pay the $350.00 filing fee in the manner set forth below. 2. Within 30 days from this date, Anderson must pay $17.83 to the Clerk of the Court as an initial partial filing fee. 3. The Clerk of the Court is directed to open an account in Anderson's name for receipt of the filing fee. The clerk shall complete a Notice of Payment Form with: (a) Anderson's name; (b) Anderson's 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 where Anderson is confined. 4. Once Anderson pays the initial partial filing fee, his custodian shall send the Clerk of the Court a payment each month from his inmate trust fund account. 5. Anderson must keep the Clerk's Office apprised of any change of his address. 6. Anderson's "motion to supplement the record" [Record No. #8 ] is GRANTED to the extent that his Complaint will consist of his completed Court-approved form at Record No. #9 , as well as those documents he previously filed at Record No. #1 . 7. This matter now stands submitted for initial screening. Signed by Judge Danny C. Reeves on 7/16/2020. (Attachments: #1 EDKy Form 525) (MM)cc: COR, Finance, Darnell Anderson via US Mail, USP Atwater Warden (w/completed EDKy Form 525)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #8 MOTION to Supplement the Record by Darnell Anderson (MM)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #10 MOTION for Leave to Proceed in forma pauperis by Darnell Anderson (MM)
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Filing 11
Prisoner Trust Fund Account Statement by Darnell Anderson, pro se. (Attachments: #1 Envelope - Postmark illegible)(MM)
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Filing 10
MOTION for Leave to Proceed in forma pauperis by Darnell Anderson, pro se. Motions referred to P SO. (Attachments: #1 Envelope - Postmark illegible)(MM)
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Filing 9
COMPLAINT, filed by Darnell Anderson, pro se. (Attachments: #1 Envelope - Postmark illegible)(MM)
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Filing 8
MOTION to Supplement the Record by Darnell Anderson, pro se. Motions referred to P SO. (Attachments: #1 Cover Letter, #2 Exhibit Administrative Detention Order, #3 Envelope postmark illegible)(MM)
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Filing 7
Letter from Darnell Anderson, pro se. Re: Copies of Complaint (Attachments: #1 Envelope - Postmarked 6/19/2020) Clerk's Note: Copies of Complaint at DE #1 will require collection of a fee of $28.50. Clerk notified pro se filer via US Mail.(MM)
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Filing 6
ORDER: ORDERED as follows: 1. Anderson's current motion for leave to proceed in forma pauperis [Record No. #2 ] is DENIED without prejudice.2. The Clerk's Office shall send Anderson the following blank forms:a. Civil Rights Complaint form [E.D. Ky. 520 form]; b. Application to Proceed in District Court Without Prepaying Fees or Costs [AO 240 form]; and c. Certificate of Inmate Account form [E.D. Ky. 523 form]. 3. Within 30 days, Anderson must complete the Court-approved Civil Rights Complaint form [E.D. Ky. 520 form] and file it with the Court. It is important for Anderson to complete the E.D. Ky. 520 form in its entirety because that completed form will replace his first Complaint for all purposes. In other words, Andersons completed E.D. Ky. 520 form will become the sole operative pleading in his case. If Anderson fails to take this stepwithin the time allotted, the Court will dismiss his case in accordance with Local Rule 5.3(b). 4. Within 30 days, Anderson must also either pay the $400.00 in filing and administrative fees up front and in full, or he must properly ask to pay the filing fee in installments over time by completing and filing both the AO 240 and E.D. Ky. 523 forms. With respect to the E.D. Ky. 523 form, Anderson is responsible for making sure that the form is certified by prison officials before he files it with the Court. If he fails to take these stepswithin the time allotted, the Court will dismiss his case for failure to prosecute. 5. Finally, Anderson must keep the Clerk's Office informed of his current mailing address. If he fails to notify the Clerk's Office of a change in his address, the Court will dismiss his case. Signed by Judge Danny C. Reeves on 6/11/2020. (Attachments: #1 E.D. Ky. 523 form, #2 AO 240 form, #3 E.D. Ky. 520 form)(RBB)cc: COR and Darnell Anderson (w/forms) 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)
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Filing 3
Prisoner Trust Fund Account Statement by Darnell Anderson, pro se. (MM)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Darnell Anderson, pro se. Motions referred to P SO. (Attachments: #1 Prisoner Authorization, #2 Envelope postmark illegible)(MM)
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Filing 1
COMPLAINT referred to PSO, filed by Darnell Anderson, pro se. (Attachments: #1 Cover Letter, #2 Exhibit A - Discipline Hearing Officer Report, #3 Exhibit B - Affidavit in Support of Facts, #4 Exhibit C - Administrative Remedies Filed, #5 Exhibit D - Letter to Office of IG, #6 Exhibit E - Administrative Remedy Appeal, #7 Exhibit F - Rejection Notice, #8 Exhibit G - Request for Administrative Remedy, #9 Exhibit H - Rejection Notice, #10 Exhibit I - BOP Formulation, #11 Exhibit J - Email 4-28-2020, #12 Exhibit J1 - Email 3-25-2020, #13 Exhibit K - Administrative Remedy Procedures, #14 Exhibit L - Letter to Mr. Bolan, #15 Envelope postmark illegible)(MM)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 COMPLAINT filed by Darnell Anderson, pro se. (MM)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #2 MOTION for Leave to Proceed in forma pauperis by Darnell Anderson (MM)
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Conflict Check run. (MM)
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