Tomlinson v. Holder et al
| Randall D. Tomlinson |
| D. Berkebile, Mark Tidwell, Jose A. Santos, Scott H. Middlebrooks and Eric Holder |
| 7:2011cv00140 |
| September 7, 2011 |
| US District Court for the Eastern District of Kentucky |
| Pikeville Office |
| Martin |
| PSO |
| Karl S. Forester |
| Prison Condition |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
11
MEMORANDUM OPINION AND ORDER: (1) Pla Randall D. Tomlinson's Eighth Amendment condition-of-confinement claims against (a) Dft Eric Holder, U.S. Attorney General, and (b) Dft Jose Santos, Chief Designator of BOP's DSCC, are DISMISSED WIT HOUT PREJUDICE for obvious failure to exhaust; (2) Tomlinson's Fifth Amendment claims challenging his disciplinary conviction and loss of 27 days of GTC will be dismissed without prejudice to Tomlinson fully exhausting those claims under 28 C.F.R. § 542.18 and successfully challenging his disciplinary conviction by way of a 28:2241 habeas corpus petition; (3) Pursuant to 28:1404(a), Tomlinson's Eighth Amendment condition-of-confinement and medical claims against (a) Dft Scott Middlebrook, Warden of USP (I)-Coleman, and (b) Dft Mark Tidwell, M.D., Medical Director of USP(I)-Coleman, are TRANSFERRED to the USDC for the Middle District of Florida for all further proceedings; (4) This action is DISMISSED from the docket of the Court; and (5) Judgment shall be entered contemporaneously with this Memorandum Opinion and Order in favor of Dfts Eric Holder and Jose Santos. Signed by Judge Karl S. Forester on 11/7/2011. (RCB)cc: COR, TOMLINSON
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