Foy v. Cunnagin
Petitioner: Earl Foy, Jr.
Respondent: Carrie Cunnagin
Case Number: 6:2022cv00163
Filed: August 30, 2022
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Karen K Caldwell
Referring Judge: P SO
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. § 1331 Federal Question: Bivens Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2022 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #41 MOTION to Dismiss for Lack of Jurisdiction by Carrie Cunnagin MOTION to Dismiss for failure to state a claim by Carrie Cunnagin (KJA)
September 30, 2022 Opinion or Order Filing 43 ORDER re #42 MOTION for Refund of Filing Fees by Earl Foy, Jr filed by Earl Foy, Jr.: 1. Foys motion for a refund of the filing fee [R. 42] is DENIED. 2. Foy is cautioned that any further documents he files that do not include the certificate of service required by Civil Rule 5 will be stricken from the record and their contents disregarded. 3. Foys response to the Defendants dispositive motion [R. 41] remains due on or before October 11, 2022. If he does not file a timely response, the Court may dismiss the case for failure to prosecute. Signed by Judge Karen K. Caldwell on 9/30/2022.(JMB)cc: COR and Earl Foy, Jr. by US Mail
September 27, 2022 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #42 MOTION for Refund of Filing Fees by Earl Foy, Jr (MM)
September 22, 2022 Opinion or Order Filing 42 MOTION for Refund of Filing Fees by Earl Foy, Jr, pro se. Motions referred to P SO. (Attachments: #1 NDWV Docket Sheet, #2 NDWV Cover Sheet, #3 Envelope postmarked 9/19/2022, #4 USDC envelope)(MM)
September 20, 2022 Opinion or Order Filing 41 MOTION to Dismiss for Lack of Jurisdiction by Carrie Cunnagin , MOTION to Dismiss for failure to state a claim by Carrie Cunnagin Motions referred to P SO. (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Exhibit Declaration with Attachments, #3 Proposed Order Proposed Order)(Stone, Elizabeth)
September 2, 2022 Opinion or Order Filing 40 ORDER: 1. The Clerk shall update the docket to reflect Foy's current address at USP McCreary. 2. To ensure Foys receipt of them, the Clerk shall send copies of the following documents to Foy at his new mailing address: see a. - c.; 3. Foy's "Motion to Amend the Complaint with Medical Records" [R. #28 ] isDENIED. 4. On or before September 21, 2022, Defendant Cunnagin shall file either an answer to the complaint or a renewed motion to dismiss it upon any grounds she deems appropriate. 5. If Cunnagin files a motion to dismiss the complaint, Foy shall file a response addressing the merits of the motion within 21 days. 6. If Foy does not file a timely response, the Court may dismiss the case for failure to prosecute. Signed by Judge Karen K. Caldwell on 9/2/2022.(MM)cc: COR and Earl Foy, Jr. by US Mail
August 30, 2022 Opinion or Order Filing 39 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)
August 30, 2022 Opinion or Order Filing 37 CASE TRANSFERRED IN from District of West Virginia Northern. Case number 3:21-cv-00155. Original file, certified copy of transfer order and docket sheet received. cc: COR and Petitioner w/ copy of docket sheet
August 30, 2022 Opinion or Order Conflict Check run. (STC)
August 29, 2022 Opinion or Order Filing 36 RETURN RECEIPT as to #35 Order on Motion to Dismiss/Lack of Jurisdiction. SERVICE ACCEPTED on 8/22/2022. (tlg) [Transferred from wvnd on 8/30/2022.]
August 17, 2022 Opinion or Order Filing 35 ORDER TRANSFERRING CASE. Signed by District Judge Gina M Groh on 8/17/2022. Copy sent certified mail, return receipt to pro se Plaintiff; copy to clerk of EDKY, copy to financial deputy Howell.(tlg) (Additional attachment(s) added on 8/18/2022: #1 Certified Mail Return Receipt) (tlg). Modified docket text on 8/23/2022 (tlg). [Transferred from wvnd on 8/30/2022.]
August 17, 2022 Opinion or Order Case transferred to Eastern District of Kentucky. Entire Case file electronically transmitted. (tlg) [Transferred from wvnd on 8/30/2022.]
August 8, 2022 Opinion or Order Filing 33 Partial filing fee: $ 20.00, receipt number WVNE017991 (tlg) [Transferred from wvnd on 8/30/2022.]
August 3, 2022 Opinion or Order Filing 32 MEMORANDUM by Carrie Cunnagin, D.O. re #31 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Declaration, #2 Attachment A-Inmate History, #3 Attachment B-Administrative Remedy Generalized Retrieval)(Palmer, Jordan) [Transferred from wvnd on 8/30/2022.]
August 3, 2022 Opinion or Order Filing 31 MOTION to Dismiss for Lack of Jurisdiction by Carrie Cunnagin, D.O.. Responses due by 8/24/2022 (Palmer, Jordan) [Transferred from wvnd on 8/30/2022.]
August 3, 2022 Opinion or Order Filing 30 NOTICE of Appearance by Maximillian F. Nogay on behalf of Carrie Cunnagin, D.O. (Nogay, Maximillian) [Transferred from wvnd on 8/30/2022.]
August 3, 2022 Opinion or Order Filing 29 NOTICE of Appearance by Jordan Vincent Palmer on behalf of Carrie Cunnagin, D.O. (Palmer, Jordan) [Transferred from wvnd on 8/30/2022.]
July 15, 2022 Opinion or Order Filing 28 MOTION to Amend #1 Complaint with medical records by Earl Foy, Jr. (Attachments: #1 BOP clinical encounter, #2 BOP clinical encounter, #3 BOP clinical encounter, #4 BOP clinical encounter, #5 Lake Cumberland Regional Hospital record, #6 BOP clinical encounter, #7 BOP clinical encounter, #8 Christus St. Francis Cabrini Hospital record, #9 BOP clinical encounter, #10 medication administration record and imaging record, #11 WVU Medicine records, #12 WVU Medicine record, #13 Envelope).(tlg) Modified on 7/15/2022 to restrict attachments due to violation of E-Govt Act by directive of Magistrate Judge Trumble (tlg). [Transferred from wvnd on 8/30/2022.]
July 11, 2022 Opinion or Order Filing 27 Partial filing fee: $ 20.00, receipt number WVNE017891 (tlg) [Transferred from wvnd on 8/30/2022.]
June 13, 2022 Opinion or Order Filing 26 SUMMONS Returned Executed as to U.S. Attorney General served on 6/8/2022. (tlg) [Transferred from wvnd on 8/30/2022.]
June 9, 2022 Opinion or Order Filing 25 SUMMONS Returned Executed as to U.S. Attorney for the NDWV served on 6/6/2022. (tlg) [Transferred from wvnd on 8/30/2022.]
June 9, 2022 Opinion or Order Filing 24 RETURN RECEIPT as to #21 Order to Answer. SERVICE ACCEPTED on 6/6/2022. (tlg) [Transferred from wvnd on 8/30/2022.]
June 1, 2022 Opinion or Order Filing 21 VACATED per order entered on 8/17/2022. ORDER TO ANSWER. Signed by Magistrate Judge Robert W. Trumble on 6/1/2022. Copy sent certified mail, return receipt to pro se Plaintiff; copy to USMS, U.S. Attorney General and U.S. Attorney for NDWV.(tlg) (Additional attachment(s) added on 6/1/2022: #1 Certified Mail Return Receipt) (tlg). (Additional attachment(s) added on 6/1/2022: #2 Certified Mail Return Receipt) (tlg). Modified docket text on 8/18/2022 (tlg). [Transferred from wvnd on 8/30/2022.]
May 20, 2022 Opinion or Order Filing 20 Partial filing fee: $ 5.00, receipt number WVNW002976 (tlg) [Transferred from wvnd on 8/30/2022.]
May 9, 2022 Opinion or Order Filing 19 Partial filing fee: $ 40.00, receipt number WVNE017703 (tlg) [Transferred from wvnd on 8/30/2022.]
April 11, 2022 Opinion or Order Filing 18 LETTER from Earl Foy, Jr. to Clerk regarding #8 Order. (Attachments: #1 Envelope). Copy of docket sheet sent.(tlg) [Transferred from wvnd on 8/30/2022.]
April 11, 2022 Opinion or Order Filing 17 Partial Filing fee: $ 20.20, receipt number WVNE017621 (tlg) [Transferred from wvnd on 8/30/2022.]
March 7, 2022 Opinion or Order Filing 16 Partial filing fee: $ 36.00, receipt number WVNE017511 (tlg) [Transferred from wvnd on 8/30/2022.]
February 15, 2022 Opinion or Order Filing 15 Initial partial filing fee: $ 29.86, receipt number WVNE017448 (tlg) [Transferred from wvnd on 8/30/2022.]
February 4, 2022 Opinion or Order Filing 14 RETURN RECEIPT as to #13 Order on Motion for Leave to Proceed in forma pauperis. SERVICE ACCEPTED on 1/31/2022. (tlg) [Transferred from wvnd on 8/30/2022.]
January 26, 2022 Opinion or Order Filing 13 ORDER. Signed by Magistrate Judge Robert W. Trumble on 1/26/2022. Copy to pro se pls by cm,rrr. Copy to Trustee Officer with Consent. (cmd) (Additional attachment(s) added on 1/26/2022: #1 Certified Mail Return Receipt) (cmd). [Transferred from wvnd on 8/30/2022.]
December 6, 2021 Opinion or Order Filing 10 ** SEALED** MOTION for Leave to Proceed in forma pauperis by Earl Foy, Jr. (Attachments: #1 Envelope).(tlg) [Transferred from wvnd on 8/30/2022.]
November 9, 2021 Opinion or Order Filing 9 RETURN RECEIPT as to #8 Order. SERVICE ACCEPTED on 11/8/2021. (cmd) [Transferred from wvnd on 8/30/2022.]
November 1, 2021 Opinion or Order Filing 8 NOTICE OF DEFICIENT PLEADING AND INTENT TO STRIKE PLEADING. Signed by Magistrate Judge Robert W. Trumble on 11/1/2021. (Attachments: #1 Court-Approved Form). Sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 11/1/2021: #2 Certified Mail Return Receipt) (tlg). [Transferred from wvnd on 8/30/2022.]
October 12, 2021 Opinion or Order Filing 7 ** SEALED ** Prisoner Trust Fund Account Statement by Earl Foy, Jr. (Attachments: #1 Envelope).(tlg) [Transferred from wvnd on 8/30/2022.]
October 12, 2021 Opinion or Order Filing 6 ** SEALED ** Consent to Collection of Fees from Trust Account by Earl Foy, Jr. (Attachments: #1 Envelope).(tlg) [Transferred from wvnd on 8/30/2022.]
October 12, 2021 Opinion or Order Filing 5 RETURN RECEIPT as to #4 Notice (Other), #3 Notice (Other). SERVICE ACCEPTED on 9/30/2021. (tlg) [Transferred from wvnd on 8/30/2022.]
September 27, 2021 Opinion or Order Filing 4 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. Sent certified mail, return receipt to pro se Plaintiff. (tlg) (Additional attachment(s) added on 9/27/2021: #1 Certified Mail Return Receipt) (tlg). [Transferred from wvnd on 8/30/2022.]
September 27, 2021 Opinion or Order Filing 3 NOTICE OF DEFICIENT PLEADING. (Attachments: #1 Court-Approved Forms). Sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 9/27/2021: #2 Certified Mail Return Receipt) (tlg). [Transferred from wvnd on 8/30/2022.]
September 27, 2021 Opinion or Order Filing 2 ** SEALED** MOTION for Leave to Proceed in forma pauperis by Earl Foy, Jr. (Attachments: #1 Envelope).(tlg) [Transferred from wvnd on 8/30/2022.]
September 27, 2021 Opinion or Order Filing 1 COMPLAINT against Carrie Cunnagin, D.O., filed by Earl Foy, Jr. (Attachments: #1 Envelope). Case assigned to MJ Robert Trumble and PSLC Sims.(tlg) [Transferred from wvnd on 8/30/2022.]

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Petitioner: Earl Foy, Jr.
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Respondent: Carrie Cunnagin
Represented By: Jordan Vincent Palmer
Represented By: Maximillian F. Nogay
Represented By: Elizabeth Davis Stone, AUSA
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