Presley v. Nurse Free et al
| Robert Presley |
| Nurse Free and Ms. Jones |
| 6:2022cv00107 |
| May 13, 2022 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
Docket Report
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This docket was last retrieved on May 15, 2023. A more recent docket listing may be available from PACER.
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Filing 10
Summons Issued as to Nurse Free,. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (MM) (Additional attachment(s) added on 6/24/2022: #1 Receipt) (MM).
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Filing 9
ORDER: 1. Presley's motion for leave to proceed in forma pauperis [Record No. #7 ] is GRANTED. Payment of the $52.00 administrative fee is WAIVED. However, pursuant to 28 U.S.C. 1915(b), Presley must pay the $350.00 filing fee in the manner set forth below. 2. Within 30 days, Presley must pay $45.23 to the Clerk of this Court as an initial partial filing fee. 3. The Clerk of the Court is directed to open an account in Presley's name for receipt of the filing fee. The Clerk is directed complete a Notice of Payment Form [E.D. Ky. 525 Form] with (a) Presley'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 Presley is currently confined. 4. Once Presley pays the initial partial filing fee, his custodian shall send the Clerk of this Court a payment each month out of Presley's inmate trust fund account. This payment should be in an amount equal to 20% of Presley's income from the preceding month. 5. Presley's claims against Defendant Jones are DISMISSED with prejudice. As a result, the Clerk's Office is DIRECTED to TERMINATE Jones as a Defendant in this action. 6. A Deputy Clerk is directed to prepare one "Service Packet" for service upon Nurse Free. That Service Packet shall include: a. a completed Summons form;b. the Complaint [Record No. #1 ]; c. this Order; and d. a completed USM Form 285. 7. The Deputy Clerk is directed to deliver the Service Packet to the United States Marshals Service (USMS) in Lexington, Kentucky and note the date of delivery in the docket. 8. The USMS is directed to personally serve Nurse Free at the USP McCreary in Pine Knot, Kentucky, and it shall do so through arrangement with the Federal Bureau of Prisons. 9. Finally, Presley is directed to inform the Clerks Office, in writing, of any change in his address. The Court may dismiss his case if he fails to comply.. Signed by Judge Danny C. Reeves on 6/24/2022. (MM)cc: COR, Finance and Robert Presley by US Mail (w/EDKY 525)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #7 MOTION for Leave to Proceed in forma pauperis by Robert Presley (KJA)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #8 Prisoner Trust Fund Account Statement (KJA)
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Filing 8
Prisoner Trust Fund Account Statement by Robert Presley, pro se. ***Mailing envelope attached at D.E. #7 . (KJA)
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Filing 7
MOTION for Leave to Proceed in forma pauperis by Robert Presley, pro se. Motions referred to P SO. (Attachments: #1 Exhibit - Copy of 5/27/2022 Order, #2 mailing envelope, front and back, postmarked 06/16/2022)(KJA)
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Filing 6
ORDER: 1. The Clerk's Office is directed to send Presley the following blank forms: a. an Application to Proceed in District Court Without Prepaying Fees or Costs [AO 240 Form]; and b. a Certificate of Inmate Account Form [E.D. Ky. 523 Form]. 2. Within 30 days, Presley must either pay the $402.00 in filing and administrative fees up front and in full or 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. If Presley fails to take these steps within the time prescribed, his case will be dismissed for failure to prosecute. 3. Presley must also inform the Clerk's Office, in writing, of any change in his address. The Court may dismiss his case if he fails to comply with this requirement. Signed by Judge Danny C. Reeves on 05/27/2022. (Attachments: #1 AO 240 Form, #2 EDKy 523 Form)(KJA)cc: COR and Robert Presley by 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)(JLC)
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Filing 3
CASE TRANSFERRED IN from District of Missouri Western. Case number 6:22-cv-03114. Original file, certified copy of transfer order and docket sheet received. cc: Presley w/ copy of docket sheet
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Case electronically transferred to District of Eastern District of Kentucky. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy) [Transferred from mowd on 5/13/2022.]
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Conflict Check run. (TDA)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: Case Transferred In from Western District of Missouri. (TDA)
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Filing 2
ORDER that: Plaintiff is granted provisional leave to proceed in forma pauperis, and this case is transferred to the United States District Court for the Eastern District of Kentucky for all further proceedings. Signed on 5/5/2022 by District Judge M. Douglas Harpool. (Willis, Kathy) [Transferred from mowd on 5/13/2022.]
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Filing 1
COMPLAINT filed by Robert Presley. (Willis, Kathy) [Transferred from mowd on 5/13/2022.]
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