Reed v. USP McCreary
| Tony Reed |
| USP McCreary, Dr. Parsons, Dr. R. Jones and John and/or Jane Does |
| 6:2023cv00127 |
| July 10, 2023 |
| US District Court for the Eastern District of Kentucky |
| P SO |
| Robert E Wier |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 MOTION to Amend by Tony Reed, pro se. Motions referred to P SO. (Attachments: #1 Envelope Post Marked 08.31.2023)(JCP) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #11 MOTION to Amend/Correct by Tony Reed (JCP) |
Filing 10
ORDER re #8 MOTION for Leave to Proceed in forma pauperis by Tony Reed filed by Tony Reed: 1. The Court DENIES DE 8, Reeds motion for leave to proceed in forma pauperis, without prejudice. 2. The Court DIRECTS the Clerk to send Reed the following blank forms: a. an Application to Proceed in District Court Without Prepaying Fees or Costs [AO 240 Form]; and b. a Certificate of Inmate Account Form [E.D. Ky. 523 Form]. 3. Within 30 days from the entry of this Order, Reed must either (a) pay the $402.00 in filing and administrative fees up front and in full or (b) ask to pay the filing fee in installments over time by properly completing and filing both the AO 240 and E.D. Ky. 523 Forms. If Reed chooses to file the AO 240 and E.D. Ky. 523 Forms once more, the latter form must be certified (signed) by a prison official. 4. If Reed fails to comply with this Order within the time allotted, the Court will dismiss this case without prejudice. Signed by Judge Robert E. Wier on 8/30/2023.(JMB)cc: COR and Tony Reed by US Mail w/ AO 240 form and EDKY 523 form
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| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #8 MOTION for Leave to Proceed in forma pauperis by Tony Reed, pro se. (KJA) |
| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #9 Prisoner Trust Fund Account Statement, #7 Complaint (KJA) |
| Filing 9 Prisoner Trust Fund Account Statement by Tony Reed, pro se. Mailing envelope attached at D.E. #7 . (KJA) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by Tony Reed, pro se. Mailing envelope attached at D.E. #7 . Motions referred to P SO. (KJA) Modified text on 8/29/2023 (KJA). |
| Filing 7 COMPLAINT, filed by Tony Reed, pro se. (Attachments: #1 mailing envelope, front and back, postmarked 8/23/2023)(KJA) |
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Filing 6
ORDER: 1. The Court DIRECTS the Clerk's Office to send Reed the following blank forms: a. an E.D. Ky. 520 Civil Rights Complaint Form; b. an AO 240 Application to Proceed in District Court Without Prepaying Fees or Costs; and c. an E.D. Ky. 523 Certificate of Inmate Account Form. 2. Within 30 days from the entry of this Order, Reed must complete the E.D. Ky. 520 Civil Rights Complaint Form in full, sign it, and file it with this Court. 3. Within 30 days from the entry of this Order, Reed must also either pay the $402.00 in filing and administrative fees up front and in full or properly ask to pay the filing fee in installments over time by completing and filing both the AO 240 and E.D. Ky. 523 Forms. 4. Finally, Reed must keep the Clerk's Office informed of his current mailing address. If Reed fails to notify the Clerk's Office, in writing, of a change in his address, the Court will dismiss the case.. Signed by Judge Robert E. Wier on 7/17/2023.(JMB)cc: COR and Tony Reed by US Mail w/ forms listed
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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)(APR) |
| Filing 3 CASE TRANSFERRED IN from District of Georgia Northern. Case number 1:23-cv-02688. Original file, certified copy of transfer order and docket sheet received. cc: Petitioner w/ copy of docket sheet |
| Clerk's Certificate of Mailing as to Tony Reed re #2 Order. (tmf) [Transferred from gand on 7/10/2023.] |
| Conflict Check run. (STC) |
| Civil Case Terminated. Magistrate Judge J. Elizabeth McBath terminated from case. (tmf) [Transferred from gand on 7/10/2023.] |
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Filing 2
ORDER: Plaintiff, Tony Reed, confined in the McCreary United States Penitentiary in Pine Knot, Kentucky ("U.S.P. McCreary"), submitted a document that the Court considers as a pro se civil rights complaint pursuant to 28 U.S.C. 1331 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). (Doc. 1.)1 Plaintiff's construed complaint concerns events at U.S.P. McCreary, specifically Plaintiff's (1) prison classification based on his criminal history, (2) lack of access to mental health medication, and (3) qualification to participate in a drug treatment program. (Id. at 1-3.) A civil action must be filed where (1) the defendant resides, or (2) "a substantial part of the events or omissions giving rise to the claim occurred...." 28 U.S.C. 1391(b). A court "shall dismiss, or if it be in the interest of justice, transfer" an action filed in the wrong division or district to the proper one. Id. 1406(a). Plaintiff's construed complaint concerns events at U.S.P. McCreary, which is located within the jurisdiction of the Eastern District of Kentucky, London Division. Id. 97(a). Because Plaintiff is proceeding pro se, the Court finds that it is in the interest of justice to transfer, rather than dismiss, this action. Accordingly, the Court TRANSFERS this action to the Eastern District of Kentucky, London Division, for further proceedings. The Clerk is DIRECTED to terminate the referral to the undersigned. The Clerk is DIRECTED to update the docket sheet to reflect the nature of suit and cause of action for a Bivens case. Signed by Magistrate Judge J. Elizabeth McBath on 7/7/2023. (tmf) [Transferred from gand on 7/10/2023.]
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| Submission of #1 Petition for Writ of Habeas Corpus for IFP and frivolity determination to Magistrate Judge J. Elizabeth McBath. (kng) [Transferred from gand on 7/10/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Tony Reed. (Attachments: #1 Civil Cover Sheet)(kng) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from gand on 7/10/2023.] |
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