Cardona v. Federal Bureau of Prisons et al
||Jose Cristobal Cardona
||Federal Bureau of Prisons, Michael Sepanek, C. Gomez, G. Bratcher, S. Slone and J. Manor
||December 7, 2015
||US District Court for the Eastern District of Kentucky
||Amul R. Thapar
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1331
|Jury Demanded By:
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|September 1, 2017
JUDGMENT: 1. Pla Jose Cristobal Cardona's Amended Complaint (R. 11 ) is DISMISSED WITH PREJUDICE with respect to all issues raised. 2. Judgment is ENTERED in favor of Dft, S. Slone. 3. Action is DISMISSED and STRICKEN from Court's docket. 4. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Karen K. Caldwell on 9/1/2017. (TDA)cc: COR & Cardona (via US Mail)
|December 19, 2016
MEMORANDUM OPINION & ORDER: 1. Clerk shall TERMINATE the "Unknown Bonding Company" as dft, and shall SUBSTITUTE "United States of America" and the BOP, in place of "Unknown Bonding Company." 2. Cristobal 39;s Eighth Amendment deliberate indifference claims against dfts USA and BOP are DISMISSED WITH PREJUDICE, because US and BOP are immune. 3. Cardona's Eighth Amendment deliberate indifference claims against dft "S." Slone, in h er official capacity, are DISMISSED WITH PREJUDICE for failure to state claim. 4. Cardona's Eighth Amendment Bivens claims against dft "S." Slone, in her individual capacity shall proceed, and Slone must res pond to claims asserted in Cardona's (R. 1 , and amended complaint 11 ). 5. Clerk shall prepare "Service Packet" for Dft "S. Slone, Administrator of Health Services at USP-Big Sandy, and Service Packet shall include: (a) summons ; (b) complaint and attachments; (c) Amended Complaint and attachments; (d) Orders entered 7 and 13 ; (e) this Order; and (f) USM 285. 6. Clerk shall send the Service Packet to USMS in Lexington, KY. 7. USMS shall serve Dft "S." Slone by : (a) Service Packet by certified mail to USA for EDKY; (b) Service Packet for Dft "S." Slone to US Attorney General; or (c) Personally serving Dft "S." Slone, with Service Packet through arrangement with BOP. 8. USMS responsible for ensuring dft is successfully served with process. If service unsuccessful, the USMS shall make further attempts and shall ascertain information to ensure successful service. 9. Within 40 days of entry of Order, the USMS shall send Service Report to Pikeville Clerk's Office, which Clerk shall file in record, which states has been accomplished. (a) If Dft is served, the Service Report shall include: (1). copy of green card showing proof of service, or (2). statement was not returned from US Postmaster, along with "Track-and-Confirm" report showing proof if delivery does not exist. (b) If Dft "S." Slone, is personally served, the Service Report shall indicate: (1) Slone was successfully served personally, or (2) statement explaining why Slone could not served and what efforts are being taken to locate dft and accomplish personal service on her. 10. Cardona must immediately advise Clerk's of current mailing address. Failure may result in the dismiss al of this case. Communicate with Court solely through notices or motions filed in Clerk's Office. Court will disregard correspondence sent directly to undersigned's chambers. 11. Every notice of motion filed, Cardona must (a) mail c opy to each dft (or attorney); and (b) certify he has mailed and date on which is was done. Court will disregard any notice or motion which does not include certification. Signed by Judge Karen K. Caldwell on 12/19/2016. (TDA) cc: Cardona & USM (with service packets)
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