Nelson v. Ward et al
| Rodney D. Nelson |
| Jane Doe, John Doe, Ward, Patrick, Altizer and R. Ward |
| 7:2021cv00024 |
| March 29, 2021 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| P SO |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.
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Filing 20
PROCESS RECEIPT AND RETURN by Rodney D. Nelson re #9 Memorandum Opinion & Order, #10 Summons Issued as to USA, by USM via certified mail to Attorney General on 5/14/2021. (RCB)
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Filing 19
CERTIFIED MAIL RECEIPT to U.S. Attorney's Office re #16 Order. (RCB)
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Filing 17
Summons Issued as to Altizer. Summons issued, service packet prepared and delivered to U.S. Marshal for service on 5/21/2021. (RCB) (Additional attachment(s) added on 5/21/2021: #1 Receipt) (RCB).
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Filing 16
ORDER: 1. Clerk shall update docket to reflect dft previously identified as "John Doe (Captain)" is named Altizer. 2. Deputy Clerk shall prepare a "Service Packet" for service upon Dft Altizer). This Service Packet shall include: a. a completed summons form; b. Amended Complaint #5 ; c. Order granting plf in forma pauperis status #8 ; d. Court's Memorandum Opinion and Order screening plf's Amended Complaint #9 e. this Order; and f. a completed USM Form 285. 3. Deputy Clerk shall deliver Service Packet to USMS in Lexington, Ky and note date of delivery in docket. 4. USMS shall personally serve Dft Altizer at USP-Big Sandy through arrangement with BOP. 5. Clerk shall send a copy of this Order via certified mail to U.S. Attorney's Office for EDKY. Signed by Judge Danny C. Reeves on 5/21/2021. (RCB)cc: COR, U.S. Attorney via certified mail and Rodney D. Nelson by US Mail (Additional attachment(s) added on 5/21/2021: #1 Certified Mail Receipt) (RCB).
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Filing 15
NOTICE re Identity of (John Doe) Captain by Rodney D. Nelson, pro se, re #9 Memorandum Opinion & Order. (Attachments: #1 Envelope pm 5/17/2021)(RCB) (Copy returned in SAS envelope provided.)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #15 Notice re Identity of (John Doe) Captain (RCB)
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Filing 14
PROCESS RECEIPT AND RETURN by Rodney D. Nelson re #9 Memorandum Opinion & Order, #10 Summons Issued, by USM via certified mail to U.S. Attorney on 5/10/2021. (RCB)
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Filing 13
PROCESS RECEIPT AND RETURN - SUMMONS Returned Executed by Rodney D. Nelson, USM personally served R. Ward on 5/10/2021. (RCB)
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Filing 12
PROCESS RECEIPT AND RETURN - SUMMONS Returned Executed by Rodney D. Nelson, USM personally served Patrick on 5/10/2021. (RCB)
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Filing 10
Summons Issued as to Patrick, R. Ward, U.S. Attorney and U.S. Attorney General. Summons issued, service packets prepared and delivered to U.S. Marshal for service on 4/29/2021. (RCB) (Additional attachment(s) added on 4/30/2021: #1 Receipt) (RCB).
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Filing 9
MEMORANDUM OPINION AND ORDER: 1. Plf Nelson's claims against Dfts Warden (John Doe) and 30 John Doe staff members are DISMISSED without prejudice and Dfts Warden (John Doe) and 30 John Doe staff members are DISMISSED as parties to this civil action. 2. A Deputy Clerk shall prepare 3 "Service Packets" for service upon USA and Dfts R. Ward (C-4 Unit Manager) and Patrick (Case Manager, C-4 Unit). Each Service Packet shall include: a. a completed summons form; b. Amended Complaint #5 ; c. Order granting Plf in forma pauperis status #8 ; d. this Order; and e. a completed USM Form 285. 3. A Deputy Clerk shall deliver Service Packets to USMS in Lexington, Ky and note date of delivery in docket. 4. USMS shall serve USA by sending a Service Packet by certified or registered mail to Civil Process Clerk at Office of U.S. Attorney for EDKY; and Office of Attorney General of United States in Washington, D.C. 5. USMS shall personally serve Dfts R. Ward (C-4 Unit Manager) and Patrick (Case Manager, C-4 Unit) at USP-Big Sandy in Inez, Ky through arrangement with Federal BOP. 6. Plf Nelson is notified that, if Dfts John Doe (Captain) and Jane Doe (C-4 Unit Counselor) are not named and served within 90 days from date of this Order, claims against said "Doe" Dfts shall be dismissed pursuant to Rule 4(m) of FRCP. 7. Plf Nelson 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. 8. If Plf Nelson wishes to seek relief from Court, he must do so by filing a formal motion sent to Clerk's Office. Every motion Nelson files must include a written certification he has mailed a copy to dfts. Court will disregard letters sent to judge's chambers or motions lacking a certificate of service. Signed by Judge Danny C. Reeves on 4/29/2021. (RCB)cc: COR and Rodney D. Nelson by US Mail
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Filing 8
ORDER: 1. Nelson's motion to proceed in forma pauperis #6 is GRANTED. 2. Within 28 days, Nelson must pay $30.76 to Clerk as an initial partial filing fee. 3. Clerk shall open an account in Nelson's name for receipt of filing fee. Clerk shall complete a Notice of Payment Form. Clerk shall serve a copy of this Order and Notice of Payment Form upon Jailer/Warden. 4. Each month Nelson's custodian shall send Clerk a payment in an amount equal to 20% of his income for preceding month. 5. Nelson must immediately advise Clerks Office of any change in his current mailing address. Failure to do so may result in dismissal. 6. This matter stands submitted for initial screening. Signed by Judge Danny C. Reeves 4/27/2021. (Attachments: #1 Form EDKY 525) (RCB) cc: COR, Finance, Warden and Rodney D. Nelson by US Mail
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Filing 7
Certificate of Inmate Account by Rodney D. Nelson, pro se. (Attachments: #1 Envelope no pm)(RCB)
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Filing 6
MOTION for Leave to Proceed in forma pauperis by Rodney D. Nelson, pro se. Motions referred to PSO. (Attachments: #1 Envelope no pm)(RCB)
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Filing 5
AMENDED COMPLAINT filed by Rodney D. Nelson, pro se. (RCB) (Additional attachment(s) added on 4/26/2021: #1 Envelope no pm) (RCB).
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #6 MOTION for Leave to Proceed in forma pauperis by Rodney D. Nelson, ***FILE SUBMITTED TO CHAMBERS of PSO for review: #7 Certificate of Inmate Account (RCB)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #5 Amended Complaint (RCB)
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Filing 4
ORDER: 1. Clerk shall mark assigned case number on a form Civil Rights Complaint [EDKY Form 520] and send to Nelson. Clerk shall also send Nelson (1) an Affidavit of Assets/In Forma Pauperis Application [Form AO-240] and (2) a Certificate of Inmate Account [EDKY Form 523]. 2. Should Nelson wish to pursue claim, he must complete and file complaint form in its entirety. 3. In addition, Nelson must either pay $402.00 filing and administrative fees or (1) have Certificate of Inmate Account certified by prison staff, (2) complete Affidavit of Assets/In Forma Pauperis Application, and (3) file both documents with Court. 4. Nelson must take these steps w/in 30 days, or case will be dismissed for failure to prosecute. Signed by Judge Danny C. Reeves on 4/1/2021. (Attachments: #1 EDKY Form 520, #2 Form AO-240, #3 EDKY Form 523) (TDA) cc: COR and Rodney Nelson by US Mail
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Filing 3
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)(RCB)
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Conflict Check run. (RCB)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Complaint (Referred). No fees paid. (RCB)
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Filing 1
COMPLAINT filed by Rodney D. Nelson, pro se. (Attachments: #1 Envelope no pm)(RCB)
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