Davis v. USP Big Sandy
| De'Maurea Davis |
| USP Big Sandy, C. Niece, Lt. Compton, Mr. Turner, Mr. George, Mr. Sloan, Mr. Jenkins, Mrs. Howard, Mr. Cox, Mr. Cook, Mr. Gomez, Mr. Mabe, Mr. J. Adams and Mr. Blackburn |
| 7:2024cv00001 |
| January 3, 2024 |
| US District Court for the Eastern District of Kentucky |
| Pikeville Office |
| P SO |
| Robert E Wier |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
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Filing 19
JUDGMENT: 1. Court DISMISSES DE #14 , De'Maurea Davis's Amended Complaint, without prejudice; and 2. Court DIRECTS Clerk to strike action from Court's docket. Signed by Judge Robert E. Wier on 2/26/2024. (TDA) cc: De'Maurea Davis by US Mail
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Filing 18
MEMORANDUM OPINION & ORDER: 1. Court DISMISSES DE #14 , Davis's Amended Complaint. The dismissal is without prejudice given the grounds cited and potential to cure the dismissal bases. 2. Court DIRECTS Clerk to strike matter from Court's docket. 3. Court will enter a separate Judgment. Signed by Judge Robert E. Wier on 2/26/2024. (TDA) cc: De'Maurea Davis by US Mail
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Filing 17
ORDER: 1. Davis's motion for leave to proceed in forma pauperis, DE #15 , is GRANTED, and payment of $55.00 administrative fee is WAIVED. 2. Pursuant to 28:1915(b), Davis must pay $350.00 filing fee. 3. Because of lack of available assets in Davis's account, an initial partial filing fee is WAIVED. 4. Clerk shall open account in Davis's name for receipt of filing fee. Clerk complete a Notice of Payment Form [EDKy 525 Form] with: (a) Davis's name, (b) inmate registration number, and (c) civil case number. Clerk send copy of Order and Notice of Payment Form to Warden where Davis currently confined. 5. Davis's custodian send Clerk payment each month. Payment amount equal to 20% of Davis's income from preceding month, only if amount exceeds $10.00. Custodian continue monthly payments until entire $350.00 filing fee paid. 6. Court will screen Davis's complaint pursuant to 28:1915A and 1915(e)(2) by subsequent order. Signed by Judge Robert E. Wier on 2/12/2024. (Attachments: #1 EDKY Form 525) (TDA)cc: Finance and De'Maurea Davis & Warden w/ Form 525 by US Mail
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Filing 16
Prisoner Trust Fund Account Statement, by De'Maurea Davis pro se. (TDA)
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Filing 15
MOTION for Leave to Proceed in forma pauperis by De'Maurea Davis pro se. Motions referred to PSO. (TDA)
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Filing 14
AMENDED COMPLAINT (Form EDKy 520) against USP Big Sandy, C. Niece, Compton, Turner, George, Sloan, Jenkins, Howard, Cox, Cook, Gomez, Mabe, J. Adams, Blackburn, filed by De'Maurea Davis pro se. (Attachments: #1 False Incident Report Summary, #2 Administrative Remedy, #3 Ltr re Revised Complaint, #4 Envelope Not PM)(TDA)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #14 Amended Complaint. (TDA)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #15 MOTION for Leave to Proceed in forma pauperis by De'Maurea Davis. (TDA)
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Filing 13
ORDER: 1. Davis's Motion for an Extension of Time to File, DE #12 , is GRANTED. 2. Within 45 days, Davis must complete and file previously provided complaint form in its entirety, providing facts relevant and stating legal grounds for relief. 3. Within 45 days, Davis must also pay $405.00 filing fee or (1) have EDKY Form 523 certified by prison staff, (2) complete Form AO-240, and (3) file both with Court. 4. Court will deny complaint without prejudice if Davis does not complete each required steps within 45 days. Signed by Judge Robert E. Wier on 1/24/2024. (TDA)cc: De'Maurea Davis by US Mail
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Filing 12
MOTION for Extension of Time to File re #9 Order, filed by De'Maurea Davis pro se. Motions referred to PSO. (Attachments: #1 Envelope Not Postmarked) (TDA)
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Filing 11
LETTER re demand amount and jury demand, filed by De'Maurea Davis pro se. (Attachments: #1 Envelope PM 1/11/2024) (TDA)
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Filing 10
MEMORANDUM IN SUPPORT of #1 PETITION FOR WRIT OF HABEAS CORPUS, filed by De'Maurea Davis pro se. (Attachments: #1 Envelope PM 1/4/24, #2 Envelope from USDC Charleston Division)(TDA)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #10 MEMORANDUM IN SUPPORT #1 PETITION FOR WRIT OF HABEAS CORPUS by De'Maurea Davis. (TDA)
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Filing 9
ORDER: 1. Clerk shall send Davis a Court-approved Civil Rights Complaint form [EDKY Form 520], an Affidavit of Assets / In Forma Pauperis Application [Form AO-240] and a Certificate of Inmate Account [EDKY Form 523]. 2. Within 30 days, Davis must complete and file complaint form in its entirety. 3. Within 30 days, Davis must also either pay $402.00 filing and administrative fee or (1) have [EDKY Form 523] certified by prison staff, (2) complete [Form AO-240], and (3) file both of them with Court. 4. Court will deny complaint without prejudice if Davis does not complete each of these required steps within 30 days. Signed by Judge Robert E. Wier on 1/9/2024. (RCB)cc: COR and De'Maurea Davis w/EDKY 520, 523 & AO-240 by US Mail
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Filing 8
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)(TDA)
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Filing 6
CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:23-cv-00817. Original file, certified copy of transfer order and docket sheet received. cc: Davis w/ docket sheet
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Filing 5
ORDER TRANSFERRING CASE This matter is hereby TRANSFERRED to the United States District Court for the Eastern District of Kentucky, Pikeville Division, for further consideration. The Clerk is directed to transmit Plaintiff's file to the Clerk of Courts at the United States District Court for the Eastern District of Kentucky. Plaintiff is advised that this matter will be assigned a new case number and will be assigned to a new judicial officer by the Clerk's Office for the United States District Court for the Eastern District of Kentucky. Signed by Magistrate Judge Omar J. Aboulhosn on 1/3/2024. (cc: Plaintiff; USDC/EDKY) (arb) [Transferred from wvsd on 1/3/2024.]
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Conflict Check run. (TDA)
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***FILE SUBMITTED TO CHAMBERS of PSO for review: CASE TRANSFERRED IN from District of West Virginia Southern - no fees paid nor Mtn IFP filed. (TDA)
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Filing 4
COMPLAINT. (Attachment: #1 Envelope) (kew) (filed pursuant to the #3 order) [Transferred from wvsd on 1/3/2024.]
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Filing 3
ORDER directing that Petitioner's #1 Petition for Writ of Habeas Corpus 2241 be CONSTRUED as a civil action; the Clerk is directed to re-docket Petitioner's 2241 Petition as a Complaint pursuant to Bivens v. Six Unknown Federal Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 24 L.Ed.2d 619 (1971). Signed by Magistrate Judge Omar J. Aboulhosn on 1/2/2024. (cc: Plaintiff) (kew) [Transferred from wvsd on 1/3/2024.]
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Filing 2
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (klc) [Transferred from wvsd on 1/3/2024.]
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CASE assigned to Judge Irene C. Berger. (klc) [Transferred from wvsd on 1/3/2024.]
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Filing 1
PETITION FOR WRIT OF HABEAS CORPUS by De'Maurea Davis against USP Big Sandy pursuant to Title 28, United States Code, Section 2241. (Attachment: #1 Envelope) (jsa) (Case converted to a Bivens action pursuant to #3 Order) (ts). [Transferred from wvsd on 1/3/2024.]
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