Brinson v. Ives

Brinson v. Ives

Petitioner:	Drew H. Brinson
Respondent:	D. Berkebile
Case Number:	7:2011cv00017
Filed:	February 3, 2011
Court:	US District Court for the Eastern District of Kentucky
Office:	Pikeville Office
County:	Floyd
Presiding Judge:	PSO
Presiding Judge:	Karen K. Caldwell
Nature of Suit:	Prisoner Petitions (Prison Condition)
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By:	None

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Date Filed	Document Text
March 14, 2012	Filing 25 MEMORANDUM OPINION & ORDER: 1) Richard Ives, current warden of USP-Big Sandy is SUBSTITUTED as respondent in place of David Berkebile the former warden of USP-Big Sandy & Clerk of Court shall modify the CMECF cover sheet to designate Richard Ives as the proper respondent in this proceeding; 2) petitioner's petition for writ of habeas corpus 2 as subsequently amended 12 13 and 23 is DENIED; 3) Brinson's Motion for Summary Judgment & Request for Default on BOP Administrative Reme dy 16 ; his Motion to Supplement Record 20 and his Motion to Recognize Katherine D. Lawson as his Guardian ad Litem 21 are DENIED AS MOOT; 5) Brinson's motion to amend his 2241 petition 23 is GRANTED & Clerk of Court shall note in the doc ket sheet that Brinson's original 2241 Petition 2 is amended by 23 ; 6) Brinson's claims challenging his placement in USP-Big Sandy & deduction of his inmate funds thru Inmate Financial Responsibility Program will be dismissed without pr ejudice to his asserting those claims as a civil rights action; 7) this action is DISMISSED from the active docket; 8) judgment will be entered contemporaneously with this Memo Opinion & Order in favor of respondent Richard Ives. Signed by Judge Karen K. Caldwell on 3/14/2012. (RKT) cc: Drew Howard Brinson via US mail

Date Filed

Document Text

March 14, 2012

Filing 25 MEMORANDUM OPINION & ORDER: 1) Richard Ives, current warden of USP-Big Sandy is SUBSTITUTED as respondent in place of David Berkebile the former warden of USP-Big Sandy & Clerk of Court shall modify the CMECF cover sheet to designate Richard Ives as the proper respondent in this proceeding; 2) petitioner's petition for writ of habeas corpus 2 as subsequently amended 12 13 and 23 is DENIED; 3) Brinson's Motion for Summary Judgment & Request for Default on BOP Administrative Reme dy 16 ; his Motion to Supplement Record 20 and his Motion to Recognize Katherine D. Lawson as his Guardian ad Litem 21 are DENIED AS MOOT; 5) Brinson's motion to amend his 2241 petition 23 is GRANTED & Clerk of Court shall note in the doc ket sheet that Brinson's original 2241 Petition 2 is amended by 23 ; 6) Brinson's claims challenging his placement in USP-Big Sandy & deduction of his inmate funds thru Inmate Financial Responsibility Program will be dismissed without pr ejudice to his asserting those claims as a civil rights action; 7) this action is DISMISSED from the active docket; 8) judgment will be entered contemporaneously with this Memo Opinion & Order in favor of respondent Richard Ives. Signed by Judge Karen K. Caldwell on 3/14/2012. (RKT) cc: Drew Howard Brinson via US mail

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Respondent: D. Berkebile
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Petitioner: Drew H. Brinson
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