Smith v. Lappin et al
| Phillippe' L. Smith |
| Harley Lappin, Viaz, Klute, Perrin and Unknown Correctional Associate Warden |
| 7:2008cv00218 |
| November 24, 2008 |
| US District Court for the Eastern District of Kentucky |
| Habeas Corpus (Prison Condition) Office |
| Martin |
| Pro Se |
| Amul R. Thapar |
| None |
| U.S. Government Defendant |
| 28:1331 Federal Question: Bivens Act |
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Filing
12
MEMORANDUM OPINION & ORDER: (1) Plaintiff Phillippe Smiths motion to re-file claims and/or late appeal, D. E. 10 , construed as a Rule 60(b) motion for relief from judgment, is DENIED; (2) The Clerk of the Court shall make a separate docket notatio n stating that pursuant to this Memorandum, Opinion and Order, Smiths motion D. E. 10 is also construed as a Notice of Appeal;(3) The Clerk of the Court is directed to transmit a copy of the construedNotice of Appeal, D.E. 10 , and this Memorandum , Opinion and Order, to the Clerk of the Sixth Circuit Court of Appeals; and (4) The Clerk of the Court is instructed to mail a copy of the Docket Sheet, current through this entry, along with copies of D.E. 7 , 8 , 9 , 10 , and 11 , and thisMemorandum, Opinion and Order, to Smith at his current address, FDC-Philadelphia. Signed by Judge Henry R. Wilhoit, Jr on 9/28/10.(MJY)cc: COR, Phillippe' L. Smith w/docket sheets and documents as noted.
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Filing
8
JUDGMENT: (1) Pla Phillippe L. Smith, confined in USP-Big Sandy located in Inez, KY, has filed a prisoner pro se civil rights action under 28:1331. Pla asserts claims pursuant to the doctrine announced in Bivens v. Six Unknown Federal Narcotics Agent s, 430 U.S. 388 (1971), as well as claims falling under ("FTCA"), 28:1346(b), 2671-2680. (2) Pla Smith has named the following defendants: (A) Harley Lappin, Director of BOP; (B) "Viaz," whom pla identifies as "Correctional A cting Captain"; (C) "Klute," whom pla identifies as "Correctional Officer"; (D) Lt. Perrin, whom pla identifies as "Correctional Lieutenant"; and; (E) "Unknown Correctional Associate Warden." (3) Plas Bive ns claims are DISMISSED WITHOUT PREJUDICE. (4) Judgment is ENTERED in favor of named dfts with respect to plas FTCA claims, and those claims are DISMISSED WITH PREJUDICE. (5) This is a FINAL and APPEALABLE ORDER and there is no just cause for delay. (6) Court certifies any appeal would not be taken in good faith. 28:1915(a)(3). (7) matter is STRICKEN from the active docket. Signed by Judge Amul R. Thapar. (TDA)cc: COR & Phillippe' L. Smith
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