Alqam v. United States of America et al

Justia Dockets & Filings Sixth Circuit Kentucky Eastern District Alqam v. United States of America et al

Alqam v. United States of America et al

Plaintiff:	Tumeh Ahmad Alqam
Defendant:	United States of America
Case Number:	7:2007cv00037
Filed:	March 1, 2007
Court:	US District Court for the Eastern District of Kentucky
Office:	Pikeville Office
County:	Martin
Presiding Judge:	Pro Se
Presiding Judge:	Gregory F. Van Tatenhove
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	28 U.S.C. § 1346 Tort Claim
Jury Demanded By:	None

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Date Filed	Document Text
March 21, 2007	Filing 5 MEMORANDUM OPINION & ORDER: 1) pla's First, Fourth, Sixth & Eighth Amendment Bivens claims against the United States & the BOP are DISMISSED WITH PREJUDICE; 2) pla's First, Fourth, Sixth & Eighth Amendment Bivens claims against the FCI-Gilm er dfts, the USP-Big SandyDoctors and the BOP defts, in their official capacities are DISMISSED WITH PREJUDICE; 3) pla's First, Fourth, Sixth & Eighth Amendment Bivens claims agains the FCI-Gilmer dfts, in their individual capacites are DISMISSE D WITHOUT PREJUDICE; 4) the pla's Eighth Amendment Bivens claims against the USP-Big Sandy Doctors, in their individual capacities are DISMISSED WITH PREJUDICE; 5) the pla's First, Fourth, Sixth & Eighth Amendment Bievns claims aginst the B OP dfts, in their individual capacties are DISMISSED WITH PREJUDICE; 6) the Clerk of Court is directed to reclassify this action as one falling solely under the FTCA, Title 28 USC 1346(b), 2761-2680; 7) the United States is the sole dft in this FTCA action; 8) the United States is directed to file a response to the pla's FTCA claims of negligence and/or medical malpractice; 9) the Pikeville Clerk is directed to issue summons for the Atty General of the USA & for the US Atty for the EDKY; 10 ) the Pikeville Clerk's office shall prepare as many copies of the complaint as there are summonses issued & complete the requisite number of USM Form(s) 285. (a) if sufficient information exists to sufficiently or effectively complete any summo ns or USM 285 regarding any dft, the Clerk shall promptly make a clerk's entry on the docket stating why the clerk cannot fill out the summons or USM Form 285 or any other documents necessary to effectuate service; (b) the Pikeville Clerk's Office shall forward by certified mail the following documents; (i) the summonses issued; (ii) the requisite number of USM forms 285; (iii) the requisite number of complaint copies; (iv) the requisite number of copies of this Opinion & Order and (v) any other documents necessary to effectuate service; (c) the Pikeville Clerk's office shall enter the certified mail receipt into the record and a notation that the delivery to the USM office of the complaints, summonses, USM Forms 285 and any other attachments have been effectuated and the date upon which they were effectuated; (d) the USM office shall serve a summons, complaint copy & a copy of this order on the dfts to this action; service to be made by certified mail, return receipt re quested or by personal service; (e) the USM office shall make a return report to the Court of whether the summons is executed or is still unexecuted w/in 40 days of the date of entry of this order; 10) the pla shall keep the Clerk of Court informed o f his current mailing address. Failure to notify of any address change may result in dismissal of this case; 11) every further pleading he wishes to submit, the pla shall serve upon each dft or if appearance has been entered by counsel, upon each at ty, a copy of the pleading or other document. Pla shall send the original papers to be filed with the Clerk of Court with a certificate stating the date a true & correct copy was mailed to each dft or counsel. If a District Judge or MJ receives any document which has not been filed with the Clerk or which has been filed but fails to include a certificate of service the doucment will be disregarded by the Court. Signed by Judge Gregory F. Van Tatenhove. (RKT)cc: Ahmed Tumeh Alqam

Date Filed

Document Text

March 21, 2007

Filing 5 MEMORANDUM OPINION & ORDER: 1) pla's First, Fourth, Sixth & Eighth Amendment Bivens claims against the United States & the BOP are DISMISSED WITH PREJUDICE; 2) pla's First, Fourth, Sixth & Eighth Amendment Bivens claims against the FCI-Gilm er dfts, the USP-Big SandyDoctors and the BOP defts, in their official capacities are DISMISSED WITH PREJUDICE; 3) pla's First, Fourth, Sixth & Eighth Amendment Bivens claims agains the FCI-Gilmer dfts, in their individual capacites are DISMISSE D WITHOUT PREJUDICE; 4) the pla's Eighth Amendment Bivens claims against the USP-Big Sandy Doctors, in their individual capacities are DISMISSED WITH PREJUDICE; 5) the pla's First, Fourth, Sixth & Eighth Amendment Bievns claims aginst the B OP dfts, in their individual capacties are DISMISSED WITH PREJUDICE; 6) the Clerk of Court is directed to reclassify this action as one falling solely under the FTCA, Title 28 USC 1346(b), 2761-2680; 7) the United States is the sole dft in this FTCA action; 8) the United States is directed to file a response to the pla's FTCA claims of negligence and/or medical malpractice; 9) the Pikeville Clerk is directed to issue summons for the Atty General of the USA & for the US Atty for the EDKY; 10 ) the Pikeville Clerk's office shall prepare as many copies of the complaint as there are summonses issued & complete the requisite number of USM Form(s) 285. (a) if sufficient information exists to sufficiently or effectively complete any summo ns or USM 285 regarding any dft, the Clerk shall promptly make a clerk's entry on the docket stating why the clerk cannot fill out the summons or USM Form 285 or any other documents necessary to effectuate service; (b) the Pikeville Clerk's Office shall forward by certified mail the following documents; (i) the summonses issued; (ii) the requisite number of USM forms 285; (iii) the requisite number of complaint copies; (iv) the requisite number of copies of this Opinion & Order and (v) any other documents necessary to effectuate service; (c) the Pikeville Clerk's office shall enter the certified mail receipt into the record and a notation that the delivery to the USM office of the complaints, summonses, USM Forms 285 and any other attachments have been effectuated and the date upon which they were effectuated; (d) the USM office shall serve a summons, complaint copy & a copy of this order on the dfts to this action; service to be made by certified mail, return receipt re quested or by personal service; (e) the USM office shall make a return report to the Court of whether the summons is executed or is still unexecuted w/in 40 days of the date of entry of this order; 10) the pla shall keep the Clerk of Court informed o f his current mailing address. Failure to notify of any address change may result in dismissal of this case; 11) every further pleading he wishes to submit, the pla shall serve upon each dft or if appearance has been entered by counsel, upon each at ty, a copy of the pleading or other document. Pla shall send the original papers to be filed with the Clerk of Court with a certificate stating the date a true & correct copy was mailed to each dft or counsel. If a District Judge or MJ receives any document which has not been filed with the Clerk or which has been filed but fails to include a certificate of service the doucment will be disregarded by the Court. Signed by Judge Gregory F. Van Tatenhove. (RKT)cc: Ahmed Tumeh Alqam

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Plaintiff: Tumeh Ahmad Alqam
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Defendant: United States of America
Represented By:	Marianna Jackson Clay
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