Padgett v. Big Sandy Regional Detention Center et al
| Michael Dewayne Padgett |
| Deputy Kenneth Swaffer, Big Sandy Regional Detention Center, James Workman, Lt. Michael Copley, Johnson Co. Sheriffs Department, Kenny and Lt. Josh Cole |
| 7:2019cv00033 |
| April 22, 2019 |
| US District Court for the Eastern District of Kentucky |
| Pikeville Office |
| P SO |
| Gregory F VanTatenhove |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on December 11, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 ANSWER to #1 Complaint, with Jury Demand by Josh Cole, Kenneth Swaffer, James Workman.(Shaw, Jonathan) |
| Filing 28 NOTICE of Appearance by Jonathan C. Shaw on behalf of Josh Cole, Kenneth Swaffer, James Workman (Shaw, Jonathan) |
| ***FILE SUBMITTED TO CHAMBERS of Gregory F. VanTatenhove for review: #27 Sealed Document. (MJY) |
| Filing 27 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re #26 Order,,, by Big Sandy Regional Detention Center, Josh Cole, Michael Copley, Kenneth Swaffer, James Workman (Shaw, Jonathan) |
Filing 26
ORDER: 1. Clerk shall send copy of this order to: Jail Administrator Big Sandy Regional Detention Center. 2. Within 21 days, counsel for BSRDC shall determine whether agency possesses valid forwarding address for Lieutenant Josh Cole, Deputy Kenneth Swaffer, and Lieutenant James Workman, former employees of BSRDC. 3. If BSRDC does not possess requested information, counsel shall so advise Court. 4. If BSRDC does possess relevant address(es), BSRDC or its counsel shall file addresses ex parte in order to permit USMS to effect personal service on former employees while maintaining their confidentiality. The addresses will be maintained ex parte, only used for purpose of service of process, and will not be provided to pla or general public. Signed by Judge Gregory F. VanTatenhove on 6/19/2019. (TDA) cc: COR, Padgett & BSRDC via US Mail
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Filing 25
ORDER: defense counsel's Motion to Amend/Correct (R. #24 ) is GRANTED. Court NOTICES Mr. Jonathan Shaw as Counsel of Record for Dft Lieutenant Michael Copely in his individual capacity. Signed by Judge Gregory F. VanTatenhove on 6/10/2019. (TDA) cc: COR & Padgett via US Mail
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| Filing 24 MOTION to Amend/Correct #17 Notice of Appearance, #12 Notice of Appearance by Josh Cole, Michael Copley, Johnson Co. Sheriffs Department, Kenneth Swaffer, James Workman Per Court's Deficiency Order [R. 18] Motions referred to P SO. (Attachments: #1 Proposed Order)(Shaw, Jonathan) |
| Filing 23 PROPOSED Subpoenas submitted by Michael Dewayne Padgett pro se. (Attachments: #1 Envelope Postmarked 6/3/19)(TDA) |
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Filing 22
ORDER: Padgett's Motion to Appoint Counsel #19 is DENIED. Signed by Judge Gregory F. VanTatenhove on 6/3/2019. (RCB)cc: COR, Padgett via U.S. mail
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| Filing 21 ANSWER to #1 Complaint, with Jury Demand by Michael Copley.(Shaw, Jonathan) |
| NOTICE OF DOCKET MODIFICATION TO Jonathan Shaw re #20 RESPONSE; Error: a link was not created to the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the response on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Response to Motion. No further action required by counsel. cc: COR (RCB) |
| Filing 20 RESPONSE to #19 Motion to Appoint Counsel filed by Michael Copley. (Shaw, Jonathan) Modified to create link on 5/31/2019 (RCB). |
| Filing 19 MOTION to Appoint Counsel by Michael Dewayne Padgett, Pro Se. Motions referred to P O. (Attachments: #1 Envelope Postmarked 5-28-19)(MJY) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #19 MOTION to Appoint Counsel by Michael Dewayne Padgett, Pro Se. (MJY) |
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Filing 18
ORDER: 1. Defense counsel Shaw must either (a) file a notice clarifying that he wishes to remain counsel of record for all four defendants, or (b) if Shaw wishes to withdraw as counsel for some of the defendants, he must satisfactorily comply with Local Rule 83.6; 2. Shaw must take one of these two steps within 14 days. Signed by Judge Gregory F. Van Tatenhove on 5/28/2019. (TDA) cc: Padgett via US Mail
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| Filing 17 NOTICE of Appearance by Jonathan C. Shaw on behalf of Big Sandy Regional Detention Center, Michael Copley, Johnson Co. Sheriffs Department (Shaw, Jonathan) |
| Filing 16 SUMMONS RETURNED UNEXECUTED as to Josh Cole; no longer works at BSDC. (TDA) |
| Filing 15 SUMMONS RETURNED UNEXECUTED as to Kenneth Swaffer; no longer works at BSDC. (TDA) |
| Filing 14 SUMMONS RETURNED UNEXECUTED as to James Workman; no longer works at BSDC. (TDA) |
| Filing 13 SUMMONS Returned Executed by Michael Dewayne Padgett via US Marshal to Michael Copley served on 5/15/2019. (TDA) |
| Filing 12 NOTICE of Appearance by Jonathan C. Shaw on behalf of All Defendants (Shaw, Jonathan) |
| Filing 10 SUMMONS ISSUED as to Josh Cole, Michael Copley, Kenneth Swaffer, James Workman,. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (TDA) (Additional attachment(s) added on 5/7/2019: #1 USM Time Stamped) (TDA). |
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Filing 9
MEMORANDUM OPINION & ORDER: 1. The allegations in Claims 1-4 against Dfts Lieutenant Michael Copley, Lieutenant Josh Cole, Deputy Kenneth Swaffer, and Lieutenant James Workman in their individual capacities survive Court's 28:1915(e)(2) screening and may PROCEED as set forth below; 2. The allegations in Claims 1-4 against Dfts in their official capacities are DISMISSED; 3. Claims 5 & 6 are DISMISSED; 4. Clerk shall prepare 4 "Service Packets" for Lieutenant Michael Copley, Lieutenant Josh Cole, Deputy Kenneth Swaffer, and Lieutenant James Workman. Each Packet shall include: a. completed summons form; b. complaint; c. order Grant IFP; d. this order; and e. completed USM Form 285. 5. Clerk shall send Service Packets to USMS in Lexington, KY and note date of delivery. 6. USMS personally serve dfts at Big Sandy Regional Detention Center through agreement with BSRDC. 7. Padgett must immediately advise Clerk of any change of mailing address. Failure may result in dismissal of case. 8. Every motion must include certification of mailing to dfts and state date. Court will disregard letters sent to chambers or lacking a certificate of service. Signed by Judge Gregory F. VanTatenhove on 5/6/2019. (TDA) cc: Padgett & USM
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Filing 8
ORDER: 1. Padgett's motion to proceed in forma pauperis (R. #3 ) is GRANTED. Section 1915(b)(1) requires inmate pay $350 filing fee for civil action; 2. Because of the lack of available assets currently in Padgett's account, payment of an initial partial filing fee is DEFERRED; 3. Clerk shall open account for receipt of filing fee. Clerk complete Form EDKY 525 containing: (1) Padgett's name, (2) inmate registration #, and (3) case number. Clerk serve copy of Order and Notice upon warden of institution currently confined; 4. Each month custodian shall send Clerk payment in amount equal to 20% of income, but only if exceeds $10, until entire $350 paid. 5. Immediately advise Clerk of change in address. Failure may result in dismissal; and 6. This matter stands submitted for initial screening. Signed by Judge Gregory F. VanTatenhove on 5/6/2019. (Attachments: #1 Form EDKY 525) (TDA) cc: Padgett & Warden via US Mail & Finance
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| Filing 6 IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers. cc: pro se filer via U.S. Mail (Attachments: #1 Sample Caption Page) (TDA) |
| Filing 5 CASE TRANSFERRED IN from District of Kentucky Western. Case number 1:19-cv-00046. File and docket sheet received electronically. cc: Padgett w/ docket sheet |
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Filing 4
ORDER by Chief Judge Greg N. Stivers on 4/22/2019. IT IS ORDERED that the instant action shall be TRANSFERRED to the United States District Court for the Eastern District of Kentucky, Southern Division at Pikeville, pursuant to 28 U.S.C. 1406(a) for all further proceedings. All further filings shall be filed with that court. Should any filings in this action be filed in this Court in the future, the Clerk of Court shall transfer the filings to the Eastern District of Kentucky. cc: Plaintiff, pro se; Clerk, ED/KY, Southern Division (CDF) [Transferred from kywd on 4/22/2019.]
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| Conflict Check run. (TDA) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #3 MOTION for Leave to Proceed in forma pauperis. (TDA) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (JWM) [Transferred from kywd on 4/22/2019.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Michael Dewayne Padgett, pro se (JWM) [Transferred from kywd on 4/22/2019.] |
| Filing 1 COMPLAINT against Big Sandy Regional Detention Center, Josh Cole, Michael Copley, Johnson Co. Sheriffs Department, Kenneth Swaffer, James Workman, filed by Michael Dewayne Padgett, pro se. (Attachments: #1 Supplement, #2 Summons) (JWM) [Transferred from kywd on 4/22/2019.] |
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