Whipple v. Jessica, et al
Plaintiff: Robert Z. Whipple, III
Defendant: Laurel County, Edith Hacker, Jamie Mosley, Nurse Jessica, Shawn Davis, David Jolley and Michelle Spurlock
Case Number: 6:2021cv00107
Filed: June 29, 2021
Court: US District Court for the Eastern District of Kentucky
Office: London Office
Presiding Judge: P SO
Referring Judge: Gregory F VanTatenhove
Nature of Suit: Prisoner Petitions (Prison Condition)
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2021 Opinion or Order Filing 32 MOTION for Emergency Preliminary Injunction by Robert Z. Whipple, III, pro se. Motions referred to P SO. (Attachments: #1 mailing envelope, front and back, postmarked 08/20/2021)(KJA)
August 23, 2021 Opinion or Order Filing 31 EMERGENCY MOTION for Preliminary Injunction by Robert Z. Whipple, III, pro se. Motions referred to P SO. (Attachments: #1 Envelope - Postmarked 8/20/2021)(MM)
August 23, 2021 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #31 EMERGENCY MOTION for Preliminary Injunction by Robert Z. Whipple, III (MM)
August 19, 2021 Opinion or Order Filing 30 ORDER: 1. Within 14 days from the entry of this Order, defense attorney Curt Graham SHALL file a notice into the record informing the Court whether he will enter an appearance and file an answer on behalf of defendant Nurse Jessica. 2. If Mr. Graham informs the Court that he will enter an appearance and file an answer on behalf of defendant Nurse Jessica, he shall also indicate his time frame for doing so. 3. If Mr. Graham informs the Court that he will not enter an appearance and file an answer on behalf of defendant Nurse Jessica, Mr. Graham shall nevertheless inform the Court whether the LCCC possesses a valid forwarding address for Nurse Jessica that could be filed with the Court ex parte and under seal. This information would assist the Court in its efforts to have Nurse Jessica served by the federal marshals so that this case may move forward.. Signed by Judge Gregory F. VanTatenhove on 8/17/2021.(JMB)cc: CORand Robert Whipple, III by US Mail
August 18, 2021 Opinion or Order Filing 29 NOTICE by Shawn Davis, Edith Hacker, Laurel County, Jamie Mosley, Michelle Spurlock re #28 MOTION for Entry of Default by Robert Z. Whipple, III regarding Plaintiff's request for default (Attachments: #1 Exhibit A - Unexecuted summons on Nurse Jessica)(Graham, Curt)
August 18, 2021 Opinion or Order Filing 28 MOTION for Entry of Default by Robert Z. Whipple, III,pro se. Motions referred to P SO. (Attachments: #1 Declaration of Robert Whipple III, #2 Cover letter, #3 mailing envelope, front and back, postmarked 8/16/21)(SYD)
August 18, 2021 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of pro se for review: #28 MOTION for Entry of Default by Robert Z. Whipple, III (SYD)
August 18, 2021 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of pro se for review: #29 Notice, #28 MOTION for Entry of Default by Robert Z. Whipple, III (SYD)
August 17, 2021 Opinion or Order Filing 27 SUMMONS Returned Executed by Robert Z. Whipple, III via Personal Service by USMS to Michelle Spurlock served on 8/13/2021, answer due 9/3/2021. (JMB)
August 12, 2021 Opinion or Order Filing 26 Letter from Robert Whipple, pro se. (status of service) (Attachments: #1 mailing envelope, front and back, postmarked 8/10/21) (SYD)
August 12, 2021 Opinion or Order CLERK'S VIRTUAL NOTICE TO Robert Whipple re #26 Letter : In response to a request for the status of your case, a courtesy copy of the docket sheet in the above-styled case is enclosed. The docket sheet provides a timeline of the activity in your case with a list of filings in the case to date. cc: Robert Whipple by US Mail (SYD)
August 11, 2021 Opinion or Order Filing 25 ANSWER to #8 Complaint with Jury Demand by Shawn Davis, Edith Hacker, Jamie Mosley, Michelle Spurlock.(Graham, Curt)
August 11, 2021 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of pro se for review: #25 Answer to Complaint, #24 Answer to Complaint (SYD)
August 9, 2021 Opinion or Order Filing 24 ANSWER to #8 Complaint with Jury Demand by Laurel County.(Graham, Curt)
August 9, 2021 Opinion or Order Attorney Update. Attorney Casey Cavanaugh Stansbury for Laurel County added. (SYD)
July 22, 2021 Opinion or Order Filing 23 SUMMONS Returned Executed by Robert Z. Whipple, III via certified mail to Laurel County (J.L. Albright, Laurel County Attorney & David Westerfield, Laurel County Judge Executive) served on 7/19/2021, answer due 8/9/2021. (SYD)
July 21, 2021 Opinion or Order Filing 22 SUMMONS Returned Executed by Robert Z. Whipple, III via Personal Service by USMS to Jamie Mosley served on 7/21/2021, answer due 8/11/2021. (JMB)
July 21, 2021 Opinion or Order Filing 21 SUMMONS Returned Executed by Robert Z. Whipple, III via Personal Service by USMS to Edith Hacker served on 7/21/2021, answer due 8/11/2021. (JMB)
July 21, 2021 Opinion or Order Filing 20 SUMMONS Returned Executed by Robert Z. Whipple, III via Personal Service by USMS to Shawn Davis served on 7/21/2021, answer due 8/11/2021. (JMB)
July 21, 2021 Opinion or Order Filing 19 SUMMONS Returned Executed by Robert Z. Whipple, III via Personal Service by USMS to Nurse Jessica served on 7/21/2021, answer due 8/11/2021. (JMB)
July 12, 2021 Opinion or Order Filing 17 Summons Issued as to Shawn Davis, Edith Hacker, Nurse Jessica, David Jolley, Laurel County, Jamie Mosley, Michelle Spurlock; Summons issued and delivered to U.S. Marshal for service per order of Court. (Attachments: #1 USM 285 Nurse Jessica, #2 Summons Edith Hacker, #3 USM 285 Edith Hacker, #4 Summons Michelle Spurlock, #5 USM 285 Michelle Spurlock, #6 Summons Shawn Davis, #7 USM 285 Shawn Davis, #8 Summons Jamie Mosley, #9 USM 285 Jamie Mosley, #10 Summons David Westerfield, #11 USM 285 David Westerfield, #12 Summons J.L. Albright, #13 USM 285 J.L. Albright)(JLC) (Additional attachment(s) added on 7/14/2021: #14 Receipt) (SYD).
July 12, 2021 Opinion or Order Filing 16 ORDER: 1. Whipple's motions seeking injunctive relief re #5 #1 #3 are DENIED. 2. Clerk prepare service packets for Nurse Jessica, Edith Hacker, Michelle Spurlock, Shawn Davis, Jamie Mosley and two service packets for Laurel County, Kentucky with a complaint, summons, this order, and USM 285. 3. Clerk send service packets to USMS and note delivery date. 4. USMS shall personally serve Nurse Jessica, Edith Hacker, Michelle Spurlock, Shawn Davis, Jamie Mosley at Laurel County Correctional Center. 5. USMS shall serve David Westerfield and J.L. Albright by certified mail. 6. Within 21 days of service, Defendants must answer Whipple's complaint. 7. Whipple must advise Clerk of any change in mailing address, or Court will dismiss his case. 8. Clerk shall send an electronic mail to Attorney Josh Hedrick with this order.. Signed by Judge Gregory F. VanTatenhove on 7/9/21.(JLC)cc: COR and Robert Whipple III by US Mail, Josh Hedrick via NEF.
July 1, 2021 Opinion or Order Filing 15 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)(KJA)
June 30, 2021 Opinion or Order Filing 13 CASE TRANSFERRED IN from District of Tennessee Eastern. Case number 3:21-cv-00208. Original file, certified copy of transfer order and docket sheet received. cc: Whipple w/ docket sheet
June 30, 2021 Opinion or Order Conflict Check run. (TDA)
June 30, 2021 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of PSO for review: CASE TRANSFERRED IN from District of Tennessee Eastern. (TDA)
June 29, 2021 Opinion or Order Filing 12 JUDGMENT ORDER. Plaintiff has failed to state a claim against Defendant Jolley, and he is DISMISSED. The Clerk is DIRECTED to transfer this action to the Eastern District of Kentucky and CLOSE this Courts fileSigned by District Judge Thomas A. Varlan on 6/29/21. (c/m)(ADA) [Transferred from tned on 6/30/2021.]
June 29, 2021 Opinion or Order Filing 11 MEMORANDUM OPINION AND ORDER. Plaintiffs motion for leave to proceed in forma pauperis #7 is GRANTED. Plaintiff is ASSESSED the civil filing fee of $350.00. The custodian of Plaintiff's inmate trust account is DIRECTED to submit the filing fee to the Clerk in the manner set forth. Judgment Order to follow. Signed by District Judge Thomas A. Varlan on 6/29/21. (c/m Robert Z Whipple, III PRETRIAL LAUREL COUNTY JAIL 440 HAMMOCK RD LONDON, KY 40744 and custodian of inmate accounts) (ADA) [Transferred from tned on 6/30/2021.]
June 29, 2021 Opinion or Order Case electronically transferred to District of Eastern District of Kentucky. (ADA) [Transferred from tned on 6/30/2021.]
June 25, 2021 Opinion or Order Mailed updated docket sheet to Robert Z Whipple, III PRETRIAL LAUREL COUNTY JAIL 440 HAMMOCK RD LONDON, KY 40744 (ADA) [Transferred from tned on 6/30/2021.]
June 11, 2021 Opinion or Order Filing 10 NOTICE of filing re #1 MOTION for Temporary Restraining Order by Robert Z Whipple, III (ADA) [Transferred from tned on 6/30/2021.]
June 9, 2021 Opinion or Order Filing 9 Notice Regarding Requirement to Notify Court of Change of Address. (ADA) [Transferred from tned on 6/30/2021.]
June 9, 2021 Opinion or Order Filing 8 COMPLAINT against Nurse Jessica, Edith Hacker, Michelle Spurlock, Shawn Davis, Jamie Mosley, David Jolley, and Laurel County, filed by Robert Z Whipple, III.(ADA) [Transferred from tned on 6/30/2021.]
June 9, 2021 Opinion or Order Filing 7 MOTION for Leave to Proceed in forma pauperis by Robert Z Whipple, III. (Attachments: #1 Mailing envelope)(ADA) [Transferred from tned on 6/30/2021.]
June 4, 2021 Opinion or Order Filing 6 Letter from Robert Whipple requesting response re receipt of filings. Clerk sent docket sheet to Mr. Whipple. (MGD) [Transferred from tned on 6/30/2021.]
June 4, 2021 Opinion or Order Filing 5 EMERGENCY MOTION for TRO/Expedited Preliminary Injunction Hearing by Robert Z Whipple, III. (ADA) [Transferred from tned on 6/30/2021.]
June 4, 2021 Opinion or Order Filing 4 Letter from Robert Whipple re status of filings. (mailed docket sheet) (Attachments: #1 Mailing envelope) (ADA) [Transferred from tned on 6/30/2021.]
June 2, 2021 Opinion or Order Filing 3 MOTION for TRO/Expedited Hearing by Robert Z Whipple, III. (Attachments: #1 cover letter, #2 Envelope)(ADA) [Transferred from tned on 6/30/2021.]
June 1, 2021 Opinion or Order Filing 2 NOTICE of Deficiency (IFP) - The Court is in receipt of your complaint/petition. However, in order for this matter to proceed, you must either pay the required filing fee or submit an application to proceed in forma pauperis. (ADA) [Transferred from tned on 6/30/2021.]
May 24, 2021 Opinion or Order Filing 1 Emergency MOTION for Temporary Restraining Order by Robert Z Whipple, III. (ADA) [Transferred from tned on 6/30/2021.]

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Search for this case: Whipple v. Jessica, et al
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Defendant: Laurel County
Represented By: Casey Cavanaugh Stansbury
Represented By: Curt Matthew Graham
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Defendant: Edith Hacker
Represented By: Casey Cavanaugh Stansbury
Represented By: Curt Matthew Graham
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Defendant: Jamie Mosley
Represented By: Curt Matthew Graham
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Defendant: Nurse Jessica
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Defendant: Shawn Davis
Represented By: Casey Cavanaugh Stansbury
Represented By: Curt Matthew Graham
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Defendant: David Jolley
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Defendant: Michelle Spurlock
Represented By: Casey Cavanaugh Stansbury
Represented By: Curt Matthew Graham
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Plaintiff: Robert Z. Whipple, III
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