Smith v. USA
| 7:2020cv00094 |
| August 14, 2020 |
| US District Court for the Eastern District of Kentucky |
| Pikeville Office |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. ยง 1346 Tort Claim |
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Filing
31
JUDGMENT: 1. The claims contained in Plf's Amended Complaint 5 are DISMISSED, as follows: a. Plf's "negligent lifting" claim regarding his extraction from his cell on April 15, 2019, is DISMISSED, with prejudic e, and Judgment is ENTERED in favor of Dft on this claim. b. Plf's "medical negligence" claim related to his medical treatment and transfer in November 2019 is DISMISSED, without prejudice. 2. This action is DISMISSED and STRICKEN from Court's docket. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Danny C. Reeves on 2/19/2021. (RCB)cc: COR and Jonathan Lee Smith by US Mail
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Filing
28
MEMORANDUM OPINION AND ORDER: 1. dft's motion to dismiss for lack of jurisdiction 17 is GRANTED in part. A. To extent dft's motion seeks dismissal of plf's "negligent lifting" claim, dft's motion is GRAN TED and plf's "negligent lifting" claim regarding his extraction from his cell on April 15, 2019, as alleged in his Complaint 5 is DISMISSED with prejudice. B. To extent dft's motion seeks dismissal or transfer of p lf's medical negligence claim, dft's motion is DENIED, without prejudice. 2. Within 21 days, plf is directed to SHOW CAUSE in writing why his medical negligence claim related to his medical treatment in November 2019 an d subsequent transfer while a medical hold was pending as alleged in his Complaint 5 should not be dismissed for lack of jurisdiction. A. dft may reply within 14 days. B. Smith is advised his medical negligence claim will be dismissed if he fails to comply with this Order within time directed. Signed by Judge Danny C. Reeves on 1/20/2021. (RCB)cc: COR and Jonathan Lee Smith by US Mail
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Filing
9
MEMORANDUM OPINION AND ORDER: 1. Deputy Clerk shall prepare a "Service Packet" for service upon USA. Service Packet shall include: a. a completed summons form; b. complaint 5 ; c. Order granting Plf in forma pauperis status 8 ; d. th is Order; and e. a completed USM Form 285. 2. Deputy Clerk shall deliver Service Packet to USMS in Lexington, Ky and note date of delivery in the docket. 3. USMS shall serve USA by sending a Service Packet by certified or registered mail to Civil P rocess Clerk at USA for EDKY; and Office of Attorney General of U.S. in Washington, D.C. 4. Smith must immediately advise Clerk's Office of any change in his current mailing address. Failure to do so may result in dismissal of this case< /b>. 5. If Smith wishes to seek relief from Court, he must do so by filing a formal motion sent to Clerk's Office. Any motion Smith files must include a written certification that he has mailed a copy of it to Dft or its counsel and state date of mailing. Court will disregard letters sent to judge's chambers or motions lacking a certificate of service. Signed by Judge Danny C. Reeves on 8/14/2020. (RCB)cc: COR and Jonathan Lee Smith by US Mail
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