Warick v. Tussey et al
| Gary Warick and Gary D. Warick |
| George Tussey, Gerald Clark, Emmit Thompson, Dairy Queen of Prestonsburg, Karen Maurer and Adam Dixon |
| 7:2023cv00074 |
| September 11, 2023 |
| US District Court for the Eastern District of Kentucky |
| Karen K Caldwell |
| P SO |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 18 RESPONSE (Letter) to #17 Order filed by Gary Warick, pro se. (Attachments: #1 Exhibit - Citation 11/29/2021, #2 Envelope pm 11/2/2023)(RCB) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #18 RESPONSE (RCB) |
Filing 17
ORDER: 1. Clerk shall send a copy of this order to: Chief Ross Shurtleff; 2. Within 30 days, counsel for Prestonsburg Police Department is requested to determine whether the agency possesses a valid forwarding address for George Tussey, Gerald Clark, Emmit Thompson, and/or Adam Dixon, former employees of PPD; 3. If PPD does not possess requested information, counsel shall so advise Court; and 4. If PPD does possess valid addresses, the Department or its counsel shall file the addresses ex parte in order to permit USMS to effect personal service on deputies while maintaining their confidentiality. The addresses will be maintained ex parte, will only be used for purpose of service of process, and will not be provided to plaintiff or general public. Signed by Judge Karen K. Caldwell on 10/25/2023. (RCB) cc: COR, Chief Ross Shurtleff and Gary Warick by US Mail
|
| Filing 16 PROCESS RECEIPT AND RETURN - Summons Returned Unexecuted by USM as to Adam Dixon. (RCB) |
| Filing 15 PROCESS RECEIPT AND RETURN - Summons Returned Unexecuted by USM as to George Tussey. (RCB) |
| Filing 14 PROCESS RECEIPT AND RETURN - Summons Returned Unexecuted by USM as to Gerald Clark. (RCB) |
| Filing 13 PROCESS RECEIPT AND RETURN - Summons Returned Unexecuted by USM as to Emmit Thompson. (RCB) |
| Filing 12 Letter from Patrick F. Nash re #6 Order. (RCB) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #12 Letter (RCB) |
| Filing 10 Summons Issued as to Gerald Clark, Adam Dixon, Emmit Thompson, George Tussey and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (TDA) |
|
Filing 9
ORDER: 1. Warick's allegations against Dairy Queen of Prestonsburg, the Department of Public Advocacy, DPA Attorney Karen Maurer, the Cities of Floyd, Johnson, Prestonsburg, and Paintsville, and the "unknown others" are DISMISSED for failure to state a claim; 2. Clerk shall prepare four "Service Packets" for service upon Dfts George Tussey, Gerald Clark, Adam Dixon, and Emmit Thompson. Each Service Packet shall include: a. completed summons; b. complaint (R. #1 ; c. copy of Order; and d. completed USM Form 285; 3. Clerk shall deliver Service Packets to US Marshals Service in Lexington, KY, and note date of delivery in docket; 4. USMS directed to personally serve the four dfts at Prestonsburg Police Department, 200 N. Lake Drive #104, Prestonsburg, KY, 41653, through arrangement with facility; and 5. Warick must immediately advise Clerk's Office of any change in his current mailing address. Failure may result in dismissal of action. Signed by Judge Karen K. Caldwell on 10/18/2023. (TDA) cc: Gary Warick by US Mail & USMS w/ 4 Service Packets
|
| Filing 8 Mail Returned as Undeliverable. Mail sent to Gary Warick re #6 Order. (RCB) (Clerk mailed DE #6 Order to updated address.) |
| Filing 7 NOTICE of Change of Address by Gary Warick, pro se, and Request to appoint an attorney. (Attachments: #1 Envelope pm 9/28/2023)(RCB) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #7 Notice of Change of Address and Request to appoint an attorney. (RCB) |
|
Filing 6
ORDER: 1. Clerk shall send a copy of this order, Sixth Circuit's order at DE #3 , and a Pro Se Information Packet to Mr. Patrick F. Nash, 129 W. Short Street, Lexington, Ky, 40507; and 2. If Warick wishes to proceed with his claims, he should update his address with the Clerk within 30 days. Signed by Judge Karen K. Caldwell on 9/22/2023. (RCB)cc: COR, Patrick Nash w/Sixth Circuit Order & Pro Se Info Packet and Gary Warick by US Mail
|
| Filing 5 Mail Returned as Undeliverable. Mail sent to Gary D. Warick re #4 Pro Se Information Packet. (RCB) |
| Filing 4 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) |
|
Filing 3
ORDER OF USCA: we AFFIRM the challenged order but REMAND to the district court for redocketing of Warick's new complaint as a new civil action. Filed pursuant to Order entered 9/11/2023 in EDKY 7:21-cv-80-REW. (RCB)cc: COR
|
| Filing 1 COMPLAINT filed by Gary Warick, pro se. Filed pursuant to Order entered 9/11/2023 in EDKY 7:21-cv-80-REW. (RCB) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Complaint (RCB) |
| Conflict Check run. (RCB) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
