Couch v. Clay County, Kentucky et al
| Michael Wayne Couch |
| Clay County Detention Center, Linda Smallwood, Kevin Smith and Clay County, Kentucky |
| 6:2023cv00099 |
| May 26, 2023 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Claria Horn Boom |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.
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Filing 19
ORDER: 1. Plaintiff's Motion to Dismiss, [R. #18 ], is GRANTED. 2. This matter is DISMISSED and STRICKEN from the Court's active docket, with each party to bear their own costs and attorneys' fees. Signed by Judge Claria Horn Boom on 7/5/2023.(MM)cc: CORand Michael Wayne Couch by US Mail
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| Filing 18 MOTION to Dismiss by Michael Wayne Couch, pro se. (Attachments: #1 Certificate of Service, #2 mailing envelope, front and back, postmarked 6/28/2023)(KJA) |
| Filing 17 NOTICE OF APPEARANCE by Clay County, Kentucky, Kevin Smith. (Williams, Jason) |
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Filing 15
ORDER: 1. Pursuant to 28 U.S.C. 636(b), this matter is REFERRED to a United States Magistrate Judge for discovery and pretrial management, including preparing proposed findings of fact and conclusions of law on any dispositive motions. 2. The Clerk of the Court shall ASSIGN this matter to a Magistrate Judge. Signed by Judge Claria Horn Boom on 6/30/2023. (APR) cc: COR and Michael Wayne Couch by US Mail
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| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #1 Complaint (Referred), #14 Answer to Complaint (KJA) |
| Magistrate Judge Edward B. Atkins added. P SO no longer assigned to case. (APR) |
| Filing 14 ANSWER to Complaint with Jury Demand by Clay County, Kentucky, Kevin Smith.(Kelley, John) Modified text on 6/30/2023 (KJA). |
| Filing 13 Summons Returned Executed by Michael Wayne Couch as to Joe White, Clay County Attorney on behalf of Clay County, KY served on 6/20/2023. (KJA) |
| Filing 12 Summons Returned Executed by Michael Wayne Couch as to Tommy Harmon, Clay County Judge Executive on behalf of Clay County, KY served on 6/20/2023. (KJA) |
| Filing 11 Summons Returned Executed by Michael Wayne Couch as to Kevin Smith served on 6/21/2023. (KJA) |
| Filing 10 Letter from Michael Wayne Couch, pro se, concerning payment (Attachments: #1 Envelope Post Marked 06.20.2023) (JCP) |
| Filing 8 Summons Issued as to KY County of Clay, Kevin Smith (Attachments: #1 Summons Clay County/Harmon, #2 Summons Clay County/White)(JCP) (Additional attachment(s) added on 6/9/2023: #3 Receipt) (APR). |
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Filing 7
ORDER: 1. Couch's claims against Jailer Smallwood are DISMISSED for failure to state a claim upon which relief may be granted. Clerk directed to TERMINATE Jailer Smallwood as a defendant in this action. 2. Court broadly construes Couch's pleading as alleging a policy or custom claim against Clay County, KY. Clerk is directed to TERMINATE "Clay County Detention Center" as a defendant and ADD "Clay County, Kentucky" as a defendant. 3. Court will allow Couch to proceed with claims against Deputy Jailer Kevin Smith and Clay County, KY. 4. Deputy Clerk shall prepare three "Service Packets", one for service upon Deputy Jailer Kevin Smith and two for service upon Clay County, KY, Each Service Packet shall include: a. completed summons form, b. Couch's complaint #1 , c. this Order, d. a completed USM Form 285. 5. Deputy Clerk shall send the Service Packets to the USMS in Lexington, KY, and note the date of delivery in the docket. 6. USMS shall person serve one Service Packet upon Deputy Jailer Kevin Smith at the Clay County Detention center, 67 Shamrock Road, Manchester, Ky 40962. 7. USMS shall serve Clay County, KY, by sending one Service Packet by certified mail, restricted delivery to addressee, return receipt requested, to each of the following: Tommy Harmon, Clay County Judge Executive 102 Richmond Road, Suite 201 Manchester, Kentucky 40962; Joe White, Clay County Attorney Clay County Attorneys Office 102 Walters Street Manchester, Kentucky 40962. 8. Within 21 days after being served, the remaining defendants must answer Couch's complaint. 9. Couch must inform Clerk's Office of any change in address. I fails to do so, Court will dismiss his case. Signed by Judge Claria Horn Boom on 05/09/2023.(JCP)cc: COR, USM,and Michael Wayne Couch by US Mail
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Filing 6
ORDER: 1. Motion for Leave to Proceed In Forma Pauperis #2 is GRANTED, payment of $52 admin fee is WAIVED. 2. Pursuant to 28:1915(b), Couch must pay the $350 filing fee in the manner set forth below. 3. Within 30 days from entry of Order, Couch must pay $57.03 to the Clerk as an initial partial filing fee. 4. Clerk shall complete a Notice of Payment Form (EDKY 525 Form) with: a. Couch's name, b. his inmate registration number, c. this civil case number. clerk shall send a copy of this Order and the Notice of Payment Form to the Warden on the institution where Couch is currently confined. 5. Couch's custodian shall send the Clerk a payment each month from his inmate trust fund account. Payment should be in an amount equal to 20% of Couch's income from the preceding month. However, custodian shall only send a monthly payment if the amount in Couch's account exceeds $10. Custodian shall cont. monthly payments until Couch's entire $350 filing fee is paid. 6. This matter now stands submitted for initial screening pursuant to 28:1915A and 1915(e)(2). Signed by Judge Claria Horn Boom on 06/09/2023.(JCP)cc: COR, Finance, Warden of Clay County Detention Center as Ordered, and Michael Wayne Couch 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)(JCP) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #2 MOTION for Leave to Proceed in forma pauperis by Michael Wayne Couch (JCP) |
| Conflict Check run. (JCP) |
| Filing 3 Prisoner Trust Fund Account Statement by Michael Wayne Couch, pro se. (JCP) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael Wayne Couch, pro se. Motions referred to P SO. (JCP) |
| Filing 1 COMPLAINT referred to PSO, filed by Michael Wayne Couch, pro se. (Attachments: #1 Envelope Post Marked 05.24.2023)(JCP) |
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