Burke v. Ferguson
| James Burke |
| Gary Ferguson |
| 6:2022cv00175 |
| September 9, 2022 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.
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Filing 6
JUDGMENT: (1) Plaintiffs Complaint (Doc. #1) is DISMISSED; (2) This action is DISMISSED and STRICKEN from the Courts docket; and (3) This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge David L. Bunning on 9/20/2022.(JMB)cc: COR and James Burke by US Mail
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Filing 5
MEMORANDUM OPINION & ORDER #2 MOTION for Leave to Proceed in forma pauperis by James Burke: (1) Burkes motion to proceed in forma pauperis (Doc. # 2) is GRANTED. Section 1915(b)(1) requires a prisoner-plaintiff to pay the $350.00 filing fee for a civil action as set forth below: a. The financial documentation filed by Burke indicates that he lacks sufficient income or assets to pay the initial partial filing fee required by 28 U.S.C. 1915(b)(1)(A), and payment of such fee is therefore DEFERRED; b. The Clerk of the Court shall open an account in Burkes name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form (Form EDKY 525) with (a) Burkes name, (b) his inmate registration number, and (c) this case number. The Clerk shall serve a copy of this Order and the Notice of Payment Form upon the Jailer/Warden of the institution in which Burke is currently confined and upon the Office of the General Counsel for the Department of Corrections in Frankfort, Kentucky; c. Each month Burkes custodian shall send the Clerk of the Court a payment in an amount equal to 20% of his income for the preceding month out of his inmate trust fund account, but only if the amount in the account exceeds $10.00. The custodian shall continue such monthly payments until the entire $350.00 filing fee is paid. 28 U.S.C. 1915(b)(2); (2) Burkes complaint (Doc. # 1) is DISMISSED for failure to state a claim for which relief may be granted; (3) JUDGMENT shall be entered contemporaneously with this Order; and (4) This action is STRICKEN from the Courts docket.. Signed by Judge David L. Bunning on 9/20/2022. (Attachments: #1 Notice of Payment Due for Filing Fee Form)(JMB)cc: COR, Jailer of LCDC, Office of General Counsel for Dept. of Corr. w/ copy of Ntc of Payment Due form and James Burke by US Mail
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #2 MOTION for Leave to Proceed in forma pauperis by James Burke (MM)
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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)(MM)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by James Burke, pro se. Motions referred to P SO. (MM)
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Filing 1
COMPLAINT referred to PSO, filed by James Burke, pro se.(MM)
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Conflict Check run. (MM)
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| Plaintiff: James Burke | |
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| Defendant: Gary Ferguson | |
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