Couch v. Clay County Detention Center et al
| Michael Wayne Couch |
| Clay County Detention Center, Linda Smallwood and Anthony Wagers |
| 6:2023cv00082 |
| May 5, 2023 |
| US District Court for the Eastern District of Kentucky |
| Karen K Caldwell |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 MOTION to Dismiss by Michael Wayne Couch, pro se. Motions referred to P SO. (Attachments: #1 Certificate of Service, #2 mailing envelope, front and back, postmarked 06/28/2023)(KJA) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #19 MOTION to Dismiss by Michael Wayne Couch (KJA) |
| Filing 18 Summons Returned Executed as to Linda Smallwood served on 6/21/2023, answer due 7/12/2023. (JCP) |
Filing 17
ORDER: 1. Court DENIES, without prejudice, Couch's three motions to issue subpoenas #14 #15 #16 as premature. Signed by Judge Karen K. Caldwell on 06/07/2023.(JCP)cc: CORand Michael Wayne Couch by US Mail
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| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #16 MOTION for Subpoena by Michael Wayne Couch, #14 MOTION for Subpoena by Michael Wayne Couch, #15 MOTION for Subpoena by Michael Wayne Couch (JCP) |
| Filing 16 MOTION for Subpoena for Medical Records by Michael Wayne Couch, pro se. Motions referred to P SO. (Attachments: #1 Certificate of Service, #2 Envelope Post Marked 06.02.2023)(JCP) |
| Filing 15 MOTION for Subpoena for camera footage by Michael Wayne Couch, pro se. Motions referred to P SO. (Attachments: #1 Certificate of Service, #2 Envelope Post Marked 06.02.2023)(JCP) |
| Filing 14 MOTION for Subpoena for Medical Directive by Michael Wayne Couch, pro se. Motions referred to P SO. (Attachments: #1 Certificate of service, #2 Envelope Post Marked 06.02.2023)(JCP) |
| Filing 13 Letter from Michael Wayne Couch of Proof of Payment (Attachments: #1 Envelope Post Marked 05.30.2023) (JCP) |
| Filing 12 New Complaint Initial Filing fee received - $ 57.03, receipt number 600000643 (JCP) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #12 Filing Fee Received (JCP) |
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Filing 11
ORDER: 1. The Court DENIES Couchs motion to recruit counsel to represent him in these proceedings #10 . Signed by Judge Karen K. Caldwell on 05/26/2023.(JCP)cc: CORand Michael Wayne Couch by US Mail
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| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #10 MOTION to Appoint Counsel by Michael Wayne Couch (JCP) |
| Filing 10 MOTION to Appoint Counsel by Michael Wayne Couch, pro se. Motions referred to P SO. (Attachments: #1 Envelope Post Marked 05.23.2023)(JCP) |
| Filing 8 Summons Issued as to Linda Smallwood and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (JCP) (Additional attachment(s) added on 5/16/2023: #1 USM Receipt) (JCP). |
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Filing 7
ORDER: 1. Claims against former deputy jailer Wagers are DISMISSED with prejudice. Wagers DISMISSED as a party to this action. 2. Clerk shall remove Clay County Detention Center as a named defendant in this action for administrative purposes. 3. Deputy Clerk shall prepare a "Service Packet" for def. Linda Smallwood. Packet shall include: see a-d. 4. Deputy Clerk shall deliver packet to USMS in Lexington, KY and note delivery date in the docket. 5. USMS shall make arrangement with appropriate officials at the Clay County Detention Center to personally serve Smallwood with Packet at: Clay County Detention Center67 Shamrock RoadManchester, KY 40962. Signed by Judge Karen K. Caldwell on 05/16/2023.(JCP)cc: CORand Michael Wayne Couch by US Mail, USMS with Service Packet as Ordered
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Filing 6
ORDER: 1. Court GRANTS motion to proceed in forma pauperis #3 . 2. Court WAIVES $52 admin fee. 3. Court DIRECTS Clerk to open account in Couch's name for receipt of filing fee. Court further DIRECTS Clerk to complete a Notice of Payment Form (EDKY 525) and send the Notice and copy of this Order to the warden of the institution in which Couch is confined. 4. Court ORDERS Couch's custodian to deduct $57.03 from Couch's inmate account, and to send that sum to the Clerk of Court NLT JUNE 14, 2023, as initial partial filing fee. 5. Court further ORDERS Couch's custodian to send Clerk payment each month from inmate trust fund account, only if account balance exceeds $10.00. Payment should equal 20% of amount deposited into account during the preceding month. Custodian shall cont. monthly payments until entire $350 filing fee paid. 6. This matter now stands submitted for initial screening pursuant to 28:1915(e)(2), 1915A. Signed by Judge Karen K. Caldwell on 05/16/2023.(JCP)cc: COR, Finance, and Michael Wayne Couch by US Mail, Clay Co. Detention Center Warden w/form as Ordered
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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)(JCP) |
| Filing 4 Prisoner Trust Fund Account Statement by Michael Wayne Couch, pro se. (JCP) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Michael Wayne Couch, pro se. Motions referred to P SO. (JCP) |
| Filing 1 COMPLAINT, filed by Michael Wayne Couch, pro se. (Attachments: #1 Envelop Post Mark Illegible)(JCP) |
| Conflict Check run. (JCP) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #3 MOTION for Leave to Proceed in forma pauperis by Michael Wayne Couch (JCP) |
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