Wilson v. Mafnas et al
| Lorenzoe Wilson |
| Sgt Edward Mafnas, Sean Davis, Dawson Asher, Becky Hill and Nurse Terresea |
| 6:2023cv00215 |
| December 6, 2023 |
| US District Court for the Eastern District of Kentucky |
| Karen K Caldwell |
| P SO |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 27 Summons Returned Unexecuted by Lorenzoe Wilson as to Terresea. (JMB) |
| Filing 26 Summons Returned Executed by Lorenzoe Wilson as to Sean Davis served on 1/4/2024, answer due 1/25/2024. (JMB) |
| Filing 25 Summons Returned Unexecuted by Lorenzoe Wilson as to Edward Mafnas. (JMB) |
Filing 24
ORDER: 1. On or before February 14, 2024, Wilson SHALL file a submission into the record stating whether he wishes to proceed with his claims against the Defendant he previously identified as Nurse Terresea. If Wilson expresses his interest in proceeding with these claims, he is further ordered to provide the Court with any information he has that would help the marshals correctly identify this Defendant. Wilsons failure to do so may result in a finding that the marshals service-related obligations are discharged with respect to this Defendant. 2. On or before February 14, 2024, defense attorneys Justin Schaefer and Patrick Muldoon SHALL file a notice into the record informing the Court whether they will enter an appearance and file an answer on behalf of Defendant Mafnas. 3. If Mr. Schaefer and Mr. Muldoon inform the Court that they will enter an appearance and file an answer on behalf of Defendant Mafnas, they shall also indicate their timeframe for doing so. 4. If Mr. Schaefer and Mr. Muldoon inform the Court that they will not enter an appearance and file an answer on behalf of Defendant Mafnas, Mr. Schaefer and Mr. Muldoon shall nevertheless inform the Court whether they serve as counsel for the LCDC and, if so, whether that facility possesses a valid forwarding address for Defendant Mafnas that could be filed with the Court ex parte and under seal (though the attorneys should not yet file that information into the record). This information would assist the Court in its efforts to have Defendant Mafnas served by the marshals so that this case may move forward. Signed by Judge Karen K. Caldwell on 1/30/2024.(JMB)cc: COR and Lorenzoe Wilson by US Mail
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Filing 23
ORDER re #22 MOTION for Extension of Time to File Answer by Sean Davis, Becky Hill filed by Becky Hill, Sean Davis: Defendants Motion (DE #22) is GRANTED. Defendants have shown good cause as to why an extension of time should be granted, and that there will be no prejudice to Plaintiff in granting the Motion. Consequently, Defendants, Sean Davis and Becky Hill, shall have twenty (20) additional days after their respective deadlines to file a responsive pleading/motion to Plaintiffs Complaint. Signed by Judge Karen K. Caldwell on 1/25/2024.(JMB)cc: COR
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| Filing 22 MOTION for Extension of Time to File Answer by Sean Davis, Becky Hill Motions referred to P SO. (Attachments: #1 Proposed Order Granting Defendants' Motion for Extension of Time)(Schaefer, Justin) |
| Filing 21 NOTICE of Appearance by Patrick Muldoon on behalf of Sean Davis, Becky Hill (Muldoon, Patrick) |
| Filing 20 NOTICE of Appearance by Justin Matthew Schaefer on behalf of Sean Davis, Becky Hill (Schaefer, Justin) |
| Filing 19 Summons Returned Executed by Lorenzoe Wilson as to Becky Hill served on 1/8/2024, answer due 1/29/2024. (JMB) |
| Filing 18 Summons Returned Executed by Lorenzoe Wilson as to Sean Davis served on 1/4/2024, answer due 1/25/2024. (JMB) |
| Filing 17 Summons Returned Unexecuted as to Terresea. (APR) |
| Filing 16 Summons Returned Unexecuted as to Edward Mafnas. (APR) |
| Filing 15 Letter from Lorenzoe Wilson, pro se, requesting status update (Attachments: #1 Envelope - front and back; postmarked 12/19/2023) (JMB) |
| CLERK'S VIRTUAL NOTICE TO Lorenzoe Wilson re #15 Letter : In response to a request for the status of your case, a courtesy copy of the docket sheet in the above-styled case is enclosed. The docket sheet provides a timeline of the activity in your case with a list of filings in the case to date. cc: Lorenzoe Wilson by US Mail. (JMB) |
| Filing 14 Summons Issued as to Sean Davis, Becky Hill, Edward Mafnas, Terresea 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 12/20/2023: #1 Read Receipt) (JCP). |
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Filing 13
ORDER: 1. Claims against Dawson Asher #1 are DISMISSED without prejudice for failure to state a claim upon which relief may be granted against that Def. 2. Wilson may go forward with claims against remaining Def's. 3. Deputy Clerk shall prepare 4 "Service Packets", one for service upon each of the following Def's: (1) Sergeant Edward Mafnas; (2) Captain Sean Davis; (3) Becky Hill; and (4) Nurse Terresea. Each Service Packet shall include: a. a completed summons form; b. the complaint [R. 1]; c. this Order; and d. a completed USM Form 285. 4. Deputy Clerk shall send the 4 service packets to the USM Service in Lexington, KY and note date of delivery on docket. 5. USM shall personally serve one Service Packet on Sergeant Edward Mafnas, one Service Packet on Captain Sean Davis, one Service Packet on Becky Hill, and one Service Packet on Nurse Terresea, and it shall do so at the Laurel County Detention Center, 440 Hammock Road, London, Kentucky 40744. 6. Within 21 days after being served, the remaining Defendants must answer Wilsons complaint. 7. Finally, Wilson must immediately advise the Clerks Office, in writing, of any change in his mailing address. If Wilson fails to do so, the Court will dismiss his case. Signed by Judge Karen K. Caldwell on 12/20/2023.(JCP)cc: COR and Lorenzoe Wilson via US Mail Modified cc on 12/20/2023 (JCP).
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| Filing 12 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)(KJA) |
| Filing 11 CASE TRANSFERRED IN from District of Kentucky Western. Case number 1:23-cv-00092. Original file, certified copy of transfer order and docket sheet received electronically. cc: to Pro Se Filer |
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Filing 10
ORDER by Senior Judge Joseph H. McKinley, Jr. on 12/6/2023: IT IS ORDERED that the instant action be transferred to the USDC EDKY, London Division, for all further proceedings. 28 U.S.C. 1406(a). All future filings should be filed in that court. Should Plaintiff file any further filings in this case, the Clerk of Court is DIRECTED to transfer those filings to the EDKY. cc: Plaintiff, pro se; Clerk, EDKY, London Div. (EAS) [Transferred from kywd on 12/6/2023.]
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| Filing 9 Letter from Plaintiff Lorenzoe Wilson. (EAS) [Transferred from kywd on 12/6/2023.] |
| ***Remark Docket sheet mailed to Pla in response to #9 . (EAS) [Transferred from kywd on 12/6/2023.] |
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Filing 8
MEMORANDUM AND ORDER Signed by Senior Judge Joseph H. McKinley, Jr. on 8/16/2023 denying #6 Motion to Appoint Counsel. cc: Plaintiff, pro se(EAS) [Transferred from kywd on 12/6/2023.]
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Filing 7
ORDER FOR PAYMENT OF INMATE FILING FEE Signed by Senior Judge Joseph H. McKinley, Jr. (EBOC) on 8/16/2023 granting #3 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to open an account for the payment of the filing fee in this action. cc: Plaintiff, pro se; Financial Section USDC WDKY; WCRJ, Attn: Inmate Accts. #554433(EAS) [Transferred from kywd on 12/6/2023.]
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| Schedules Initial Review due by 12/18/2023. (EAS) [Transferred from kywd on 12/6/2023.] |
| ***DOCUMENT SUBMITTED SA009: #1 Complaint (EAS) [Transferred from kywd on 12/6/2023.] |
| Filing 6 MOTION to Appoint Counsel by Plaintiff Lorenzoe Wilson (EAS) [Transferred from kywd on 12/6/2023.] |
| ***Motion(s) Submitted to SA009: #6 MOTION to Appoint Counsel (EAS) [Transferred from kywd on 12/6/2023.] |
| Response to #5 Notice of Deficiency filed by Lorenzoe Wilson. (Summonses attached to DN #1 ) (EAS) [Transferred from kywd on 12/6/2023.] |
| ***Motion(s) Submitted to SA009: #3 MOTION for Leave to Proceed in forma pauperis. ***DOCUMENT SUBMITTED SA009: #3 MOTION for Leave to Proceed in forma pauperis. (EAS) [Transferred from kywd on 12/6/2023.] |
| Filing 5 NOTICE of Deficiency re #1 Complaint.Reason for Deficiency: Summons for each Defendant not provided. Failure to comply will be brought to the attention of the Court. Response due by 8/14/2023. (DJT) [Transferred from kywd on 12/6/2023.] |
| Filing 4 Prisoner Trust Fund Account Statement re #3 MOTION for Leave to Proceed in forma pauperis filed by Lorenzoe Wilson. (DJT) [Transferred from kywd on 12/6/2023.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Lorenzoe Wilson (DJT) [Transferred from kywd on 12/6/2023.] |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Joseph H. McKinley, Jr.. (DJT) [Transferred from kywd on 12/6/2023.] |
| Filing 1 COMPLAINT against Dawson Asher, Sean Davis, Becky Hill, Edward Mafnas, Terresea, filed by Lorenzoe Wilson. (Attachments: #1 Exhibit, #2 Envelopes) (DJT) (Additional attachment(s) added on 7/24/2023: #3 Summons) (EAS). [Transferred from kywd on 12/6/2023.] |
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