McKreith v. Endicott

McKreith v. Endicott

Plaintiff:	Wilbert McKreith
Defendant:	Endicott
Case Number:	7:2011cv00105
Filed:	June 27, 2011
Court:	US District Court for the Eastern District of Kentucky
Office:	Pikeville Office
County:	Martin
Presiding Judge:	PSO
Presiding Judge:	Karen K. Caldwell
Nature of Suit:	Prison Condition
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
March 12, 2013	Filing 40 MEMORANDUM OPINION & ORDER: 1) dft Jack Endicott's motion to dismiss 26 is GRANTED; 2) dft Jack Endicott's alternative motion for s/j 26 is DENIED AS MOOT; 3) pla McKreith's motion for judgment on pleadings or in alternative for su mmary judgment 36 is DENIED; 4) pla McKreith's complaint 2 & amended complaint 18 are DISMISSED; 5) Court will enter an appropriate judgment; 6) this matter is STRICKEN from the active docket. Signed by Judge Karen K. Caldwell on 3/12/2013. (RKT) cc: Wilbert McKreith via US mail w/NOE; COR
May 21, 2012	Filing 10 MEMORANDUM OPINION & ORDER: (1) To the extent that Pla Wilbert McKreiths Complaint may be construed as asserting a tort claim against the USA for violations of his constitutional rights, such claim is DISMISSED for lack of subject matter jurisdicti on. (2) Dft Mr. Endicott shall respond to McKreiths Eighth and Fourteenth Amendment claims alleging being subjected to cruel and unusual punishment and excessive force surrounding his confinement in a segregated housing unit from December 9-11, 2009 . (3) Clerk shall issue summons for dft Mr. Endicott, Lieutenant, USP. (4) Clerk shall prepare the necessary number of Service Packets consisting of the following documents:a. Completed summons forms; b. Complaint R. 2 , and attached exhibits;c. This Memorandum Opinion and Order; and d. Completed US Marshals Service (USMS) Forms 285. If the Clerk is unable to accurately complete any of the documents described above, the Clerk shall set forth the reason in a docket entry. (5) Clerk shall pr epare four (4) Service Packets to be provided to the USMS in Lexington, Kentucky, addressed as follows: (See a - d); (6) Clerk shall send by certified mail the required Service Packets for the dft tothe USMS in Lexington, Kentucky. Clerk shall ente r the certified mail receipt in the record and note in the docket the date that the Service Packet was delivered to the USMS. (7) The USMS shall serve the defendant by: (see a - d); (8) McKreith must advise the Clerks Office of any change in his c urrent mailing address. Failure to do so may result in dismissal of this case. (9) McKreith must communicate with the Court solely through notices or motions filed with the Clerks Office. (10) For every further pleading or other document he wishes to submit to the Court, McKreith shall serve upon the dft, or, if appearance has been entered by counsel, upon his attorney, a copyof the pleading or other document. McKreith shall send the original papers to be filed with the Clerk of the Court tog ether with a certificate stating the date a true and correct copy of the document was mailed to each dft or counsel.(11) The Court will disregard any document which has not been filed with the Clerk of the Court; which has been filed but fails to include the certificate of service of copies; or which has been sent directly to the Judges chambers. Signed by Judge Karen K. Caldwell on 5/21/12.(MJY)cc: COR, Wilbert McKreith, USMS w/packet as noted.

Date Filed

Document Text

March 12, 2013

Filing 40 MEMORANDUM OPINION & ORDER: 1) dft Jack Endicott's motion to dismiss 26 is GRANTED; 2) dft Jack Endicott's alternative motion for s/j 26 is DENIED AS MOOT; 3) pla McKreith's motion for judgment on pleadings or in alternative for su mmary judgment 36 is DENIED; 4) pla McKreith's complaint 2 & amended complaint 18 are DISMISSED; 5) Court will enter an appropriate judgment; 6) this matter is STRICKEN from the active docket. Signed by Judge Karen K. Caldwell on 3/12/2013. (RKT) cc: Wilbert McKreith via US mail w/NOE; COR

May 21, 2012

Filing 10 MEMORANDUM OPINION & ORDER: (1) To the extent that Pla Wilbert McKreiths Complaint may be construed as asserting a tort claim against the USA for violations of his constitutional rights, such claim is DISMISSED for lack of subject matter jurisdicti on. (2) Dft Mr. Endicott shall respond to McKreiths Eighth and Fourteenth Amendment claims alleging being subjected to cruel and unusual punishment and excessive force surrounding his confinement in a segregated housing unit from December 9-11, 2009 . (3) Clerk shall issue summons for dft Mr. Endicott, Lieutenant, USP. (4) Clerk shall prepare the necessary number of Service Packets consisting of the following documents:a. Completed summons forms; b. Complaint R. 2 , and attached exhibits;c. This Memorandum Opinion and Order; and d. Completed US Marshals Service (USMS) Forms 285. If the Clerk is unable to accurately complete any of the documents described above, the Clerk shall set forth the reason in a docket entry. (5) Clerk shall pr epare four (4) Service Packets to be provided to the USMS in Lexington, Kentucky, addressed as follows: (See a - d); (6) Clerk shall send by certified mail the required Service Packets for the dft tothe USMS in Lexington, Kentucky. Clerk shall ente r the certified mail receipt in the record and note in the docket the date that the Service Packet was delivered to the USMS. (7) The USMS shall serve the defendant by: (see a - d); (8) McKreith must advise the Clerks Office of any change in his c urrent mailing address. Failure to do so may result in dismissal of this case. (9) McKreith must communicate with the Court solely through notices or motions filed with the Clerks Office. (10) For every further pleading or other document he wishes to submit to the Court, McKreith shall serve upon the dft, or, if appearance has been entered by counsel, upon his attorney, a copyof the pleading or other document. McKreith shall send the original papers to be filed with the Clerk of the Court tog ether with a certificate stating the date a true and correct copy of the document was mailed to each dft or counsel.(11) The Court will disregard any document which has not been filed with the Clerk of the Court; which has been filed but fails to include the certificate of service of copies; or which has been sent directly to the Judges chambers. Signed by Judge Karen K. Caldwell on 5/21/12.(MJY)cc: COR, Wilbert McKreith, USMS w/packet as noted.

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