Widner v. Slone et al
Plaintiff: Johnnie Widner and John
Defendant: Bert Slone and Alesha Cook
Case Number: 7:2021cv00058
Filed: July 12, 2021
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Karen K Caldwell
Referring Judge: P SO
Nature of Suit: Prisoner Petitions (Prison Condition)
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2021 Opinion or Order Filing 21 REPLY to Response to Motion re #14 MOTION to Dismiss Case as Frivolous filed by Alesha Cook. (Smallwood, Gene) Modified link & text on 9/8/2021 (TDA).
September 8, 2021 Opinion or Order Filing 20 NOTICE of Change of Address by Gene Smallwood, Jr (Smallwood, Gene)
September 8, 2021 Opinion or Order NOTICE FOR ATTORNEY TO UPDATE ADDRESS to GENE SMALLWOOD: It appears the address listed on your filing #20 Notice of Change of Address is different than the address registered with PACER. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (TDA)
September 8, 2021 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #14 MOTION to Dismiss Case as Frivolous by Alesha Cook (TDA)
September 8, 2021 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #15 MOTION to Dismiss, or in the alternative, MOTION to Stay by Bert Slone. (TDA)
September 7, 2021 Opinion or Order Filing 19 REPLY to Response to Motion re #15 MOTION to Dismiss by Bert Slone MOTION to Stay filed by Bert Slone. (Shaw, Jonathan)
August 30, 2021 Opinion or Order Filing 18 RESPONSE to Motion re #14 MOTION to Dismiss Case as Frivolous by Alesha Cook, #15 MOTION to Dismiss by Bert Slone filed by Johnnie Widner, pro se. (Attachments: #1 Envelope pm 8/26/2021)(RCB)
August 18, 2021 Opinion or Order Filing 17 ORDER re #14 , #15 : 1. Within 30 days from entry of this Order, Widner MUST file a response to dfts motions to dismiss. If Widner fails to file a response w/in time allotted, Court may grant dfts motions. 2. Within 14 days after Widner files his response, dfts may file reply briefs, if they so choose. 3. Once foregoing time periods have passed, the motions to dismiss will stand submitted for decision by this Court. Signed by Judge Karen K. Caldwell on 8/18/2021. (TDA) cc: COR and Johnnie Widner by US Mail
August 16, 2021 Opinion or Order Filing 16 ANSWER to Complaint with Jury Demand by Bert Slone.(Shaw, Jonathan)
August 16, 2021 Opinion or Order Filing 15 MOTION to Dismiss, or in the alternative, MOTION to Stay by Bert Slone Motions referred to P SO. (Attachments: #1 Proposed Order Proposed order)(Shaw, Jonathan). Added MOTION to Stay on 8/17/2021 (TDA).
August 12, 2021 Opinion or Order Attorney Update. Attorney Nathaniel R. Kissel added for Alesha Cook, per DE #13. (TDA)
August 12, 2021 Opinion or Order Filing 14 MOTION to Dismiss Case as Frivolous by Alesha Cook Motions referred to P SO. (Attachments: #1 Proposed Order)(Smallwood, Gene)
August 12, 2021 Opinion or Order Filing 13 ANSWER to Complaint by Alesha Cook.(Smallwood, Gene)
August 5, 2021 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Bert Slone. (Shaw, Jonathan)
July 27, 2021 Opinion or Order Filing 11 SUMMONS Returned Executed (Process Receipt and Return) via Personal Service by USM to Alesha Cook served on 7/27/2021. (RCB)
July 27, 2021 Opinion or Order Filing 10 SUMMONS Returned Executed (Process Receipt and Return) via Personal Service by USM to Bert Slone served on 7/27/2021. (RCB)
July 16, 2021 Opinion or Order Filing 8 Summons Issued as to Alesha Cook, Bert Slone. 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 7/19/2021: #1 Receipt) (RCB).
July 16, 2021 Opinion or Order Filing 7 ORDER: 1. Clerk prepare two service packets, one for each dft. Packet include: a. summons; b. complaint; c. Order; and d. USM 285. 2. Clerk send packets to USMS and note date of delivery. 3. USMS personally serve dfts, Bert Slone and Alesha Cook. 4. Within 21 days after service, dfts must answer complaint. 5. Widner must immediately advise Clerk of any change in mailing address. If fails, Court will dismiss case. Signed by Judge Karen K. Caldwell on 7/16/2021. (TDA) cc: Johnnie Widner by US Mail & USM
July 16, 2021 Opinion or Order Filing 6 ORDER: 1. Widner's motion for leave to proceed in forma pauperis (R. #3 ) is GRANTED. Payment of $52 administrative fee is WAIVED. However, Widner must pay $350 filing fee. 2. Payment of an initial partial filing fee is WAIVED. 3. Clerk shall open an account in Widner's name for receipt of filing fee. Clerk shall complete a Notice of Payment Form (EDKy 525 Form) with: (a) Widner's name; (b) inmate number; and (c) case number. Clerk send copy of Order & Notice of Payment Form to Warden of institution where Widner is confined. 4. Widner's custodian shall send Clerk payment each month from inmate trust fund account. Payment be in amount equal to 20% of Widner's income from preceding month. However, custodian only send monthly payment if amount exceeds $10, and continue until $350 is paid. 5. Matter now stands submitted for initial screening. Signed by Judge Karen K. Caldwell on 7/16/2021. (Attachments: #1 EDKy 525 Form) (TDA) cc: Johnnie Widner by US Mail, Jailer by US Mail & Finance
July 12, 2021 Opinion or Order Filing 5 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. (Attachments: #1 Sample Caption Page) cc: pro se filer via U.S. Mail (TDA)
July 12, 2021 Opinion or Order Filing 4 Prisoner Trust Fund Account Statement, filed by Johnnie Widner pro se. (TDA)
July 12, 2021 Opinion or Order Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Johnnie Widner pro se. Motions referred to PSO. (TDA)
July 12, 2021 Opinion or Order Filing 1 COMPLAINT referred to Judge, filed by Johnnie Widner pro se. (Attachments: #1 Envelope Postmarked 7/6/2021) (TDA)
July 12, 2021 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #3 MOTION for Leave to Proceed in forma pauperis by Johnnie Widner. (TDA)
July 12, 2021 Opinion or Order Conflict Check run. (TDA)

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Plaintiff: Johnnie Widner
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Plaintiff: John
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Defendant: Bert Slone
Represented By: Jonathan C. Shaw
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Defendant: Alesha Cook
Represented By: Nathaniel R. Kissel
Represented By: Gene Smallwood, Jr.
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