Couch v. Clay County, Kentucky et al
Plaintiff: Michael Wayne Couch
Defendant: Clay County, Kentucky, Linda Smallwood and Gloria Zerbee
Case Number: 6:2023cv00118
Filed: June 22, 2023
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: P SO
Referring Judge: Robert E Wier
Nature of Suit: Prisoner Petitions (Prison Condition)
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 7, 2023 Filing 13 Summons Returned Executed by Michael Wayne Couch as Joe White, Clay County Attorney obo Clay County, Kentucky served on 7/5/2023. (KJA)
July 7, 2023 Filing 12 Summons Returned Executed by Michael Wayne Couch as to Tommy Harmon, Clay County Judge Executive obo Clay County, Kentucky served on 7/5/2023. (KJA) Modified text on 7/7/2023 (KJA).
July 5, 2023 Opinion or Order Filing 11 ORDER: 1. The Court GRANTS DE #10 , Couch's motion to dismiss. 2. The Court DISMISSES DE #1 , Couch's complaint, without prejudice. 3. The Clerk is directed to STRIKE this matter from the Court's active docket. Signed by Judge Robert E. Wier on 7/5/2023.(MM)cc: CORand Michael Wayne Couch by US Mail
July 3, 2023 Filing 10 MOTION to Dismiss by Michael Wayne Couch, pro se. Motions referred to P SO. (Attachments: #1 Cover Letter, #2 Envelope no postmark)(MM)
July 3, 2023 ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #10 MOTION to Dismiss by Michael Wayne Couch (MM)
June 26, 2023 Filing 8 Summons Issued as to Clay County, Kentucky, Linda Smallwood, Gloria Zerbee and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (KJA) (Additional attachment(s) added on 6/27/2023: #1 Receipt) (MM).
June 26, 2023 Opinion or Order Filing 7 ORDER: 1. A Deputy Clerk shall prepare four "Service Packets," one for service upon Linda Smallwood, one for service upon Gloria Zerbee, and two for service upon Clay County, Kentucky. Each Service Packet shall include: a. a completed summons form; b. Couch's Complaint (DE 1); c. this Order; and d. a completed USM Form 285. 2. The Deputy Clerk shall send the Service Packets to the USMS in Lexington, Kentucky and note the date of delivery in the docket. 3. The USMS shall personally serve one Service Packet upon Linda Smallwood and one Service Packet upon Gloria Zerbee, both at the Clay County Detention Center, 67 Shamrock Road, Manchester, Kentucky 40962. 4. The USMS shall serve Clay County, Kentucky by sending one Service Packet by certified mail, restricted delivery to addressee, return receipt requested, to each of the following: See Order.; 5. Within 21 days after being served, Defendants must answer Couch's complaint. See Fed. R. Civ. P. 12. 6. Finally, Couch must inform the Clerk's Office, in writing, of any change in his address. If Couch fails to do so, the Court will dismiss his case. Signed by Judge Robert E. Wier on 6/26/2023.(MM)cc: COR and Michael Wayne Couch by US Mail
June 26, 2023 Opinion or Order Filing 6 ORDER re #3 Motion for Leave to Proceed in forma pauperis: 1. The Court GRANTS DE 3, Couchs motion for leave to proceed in forma pauperis.2. Because Couch has been granted pauper status, the Court WAIVES the $52.00 administrative fee. See District Court Miscellaneous Fee Schedule, 14. 28 U.S.C. 1915(b) requires Couch to pay the $350.00 filing fee in the manner set forth below: See a. - c.; 3. This matter now stands submitted for initial screening pursuant to 28 U.S.C. 1915A and 1915(e)(2).. Signed by Judge Robert E. Wier on 6/26/2023. (MM)cc: COR, Finance, Warden of Clay County Detention Cntr and Michael Wayne Couch by US Mail
June 22, 2023 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)
June 22, 2023 Filing 4 Prisoner Trust Fund Account Statement by Michael Wayne Couch pro se. (JCP)
June 22, 2023 Filing 3 MOTION for Leave to Proceed in forma pauperis by Michael Wayne Couch, pro se. Motions referred to P SO. (JCP)
June 22, 2023 Filing 1 COMPLAINT referred to PSO, filed by Michael Wayne Couch, pro se. (Attachments: #1 Envelope Post Marked 06.20.2023)(JCP)
June 22, 2023 Conflict Check run. (JCP)
June 22, 2023 ***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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Plaintiff: Michael Wayne Couch
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Defendant: Clay County, Kentucky
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Defendant: Linda Smallwood
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Defendant: Gloria Zerbee
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