Mallory v. Bolton et al
| James Mallory |
| Christopher L. Wedding, Robert Brown, Jason Logsdon, Martin Baker, Major Ashby, Dewayne Clark, Tmeka Wingate, Major Collins, Regina Reese Davis, Rachel White, Katreese Walker, Kevin Smith, Steve Durham, Mark Bolton and Michael Redmon |
| 3:2019cv00120 |
| February 18, 2019 |
| US District Court for the Western District of Kentucky |
| Charles R Simpson |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on August 20, 2021. A more recent docket listing may be available from PACER.
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Filing 31
REVISED SCHEDULING ORDER by Senior Judge Charles R. Simpson III on 7/9/2020; re #16 Order, Dispositive Motions due by 1/7/2021. Defendant's Pre-trial Memorandum due by 1/7/2020. Plaintiff's Pre-trial Memorandum due by 12/7/2020. Rule 26(a)(1) Disclosure due by 11/5/2020. All other provisions of the Court's prior Scheduling Order which are not explicitly modified herein remain in effect. cc: Counsel, Plaintiff (ALS)
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Filing 30
MEMORANDUM AND ORDER signed by Senior Judge Charles R. Simpson III on 6/4/2020. Because Plaintiff has failed to show that Defendants have violated any order entered by this Court by taking the actions alleged above, IT IS HEREBY ORDERED that the instant motion (DN #23 ) is DENIED. cc: Counsel, Plaintiff (ALS)
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Filing 29
NOTICE of Change of Address by James Mallory (ALS)
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Filing 28
ANSWER to #8 Amended Complaint, by Major Ashby, Michael Redmon, Katreese Walker. (Rivera, Susan)
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Filing 27
NOTICE of Waivers of Service by Major Ashby, Michael Redmon, Katreese Walker (Attachments: #1 Supplement Waiver of Service, #2 Supplement Waiver of Service, #3 Supplement Waiver of Service) (Rivera, Susan)
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Filing 26
Mail Returned as Undeliverable. Mail sent to James Mallory re #24 (ALS)
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Filing 25
Mail Returned as Undeliverable. Mail sent to James Mallory re #22 (ALS)
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Filing 24
ORDER by Senior Judge Charles R. Simpson III on 3/26/2020. The Court requests that counsel submit a waiver of notice of service on behalf of Defendants Ashby, Walker, and Redmon. Absent a waiver, IT IS ORDERED that within 30 days from entry of this Order counsel for these Defendants shall provide the Court with an address where service can be effected for each. The address may be filed under seal and will be used only to effect service. Please see Order for further details. cc: Plaintiff, Counsel of Record (KD)
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Filing 23
MOTION for Immediate Relief by Plaintiff James Mallory (ALS)
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Filing 22
ORDER Signed by Senior Judge Charles R. Simpson, III on 3/16/2020 denying #20 Motion for Settlement. cc: Counsel, Plaintiff (pro se) (JM)
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Filing 21
NOTICE by Major Ashby, Michael Redmon, Katreese Walker (Rivera, Susan)
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Filing 20
MOTION for Settlement by Plaintiff James Mallory (ALS)
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Filing 19
MEMORANDUM AND ORDER signed by Senior Judge Charles R. Simpson, III on 1/15/2020 denying #17 Motion for Entry of Judgment under Rule 54(b). cc: Plaintiff, pro se; Counsel of Record(MNM)
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Filing 18
NOTICE of Change of Address by James Mallory (KJA)
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Filing 17
MOTION for Entry of Judgment under Rule 54(b) by Defendants Regina Reese Davis, Kevin Smith, Rachel White (Attachments: #1 Proposed Order) (Sharp, William)
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Filing 16
SCHEDULING ORDER by Senior Judge Charles R. Simpson, III on 11/6/2019. Plaintiff's Pre-trial Memorandum due by 3/30/2020. Discovery due by 2/27/2020. Dispositive Motions due by 4/30/2020. Defendants' Pre-trial Memorandum due by 4/30/2020.cc:counsel, plaintiff pro se (prisoner handbook mailed) (KJA)
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Filing 15
MEMORANDUM OPINION & ORDER by Senior Judge Charles R. Simpson, III on 11/6/2019. Robert Brown (Captain), Major Collins, Regina Reese Davis (Medical Provider), Steve Durham (Assistance Director), Jason Logsdon (Captain), Kevin Smith (Doctor), Christopher L. Wedding (Sort Commander), Rachel White (Psych Doctor), Tmeka Wingate (Grievance Coordinator), Martin Baker (Classification Manager) and Mark Bolton (Director) are all dismissed as parties to this action. A separate scheduling order shall enter.cc:counsel, plaintiff pro se (KJA)
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Filing 14
ORDER Signed by Senior Judge Charles R. Simpson, III on 7/25/2019 - The motion to screen the complaint and for an extension of time to file an answer (DN #11 ) is GRANTED. The Metro Defendants' motion to dismiss (DN #12 ) is DENIED without prejudice to refiling pending completion of the Court's initial review of this action. cc: Plaintiff, Counsel of Record (KD)
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Filing 13
ORDER Signed by Senior Judge Charles R. Simpson III on 6/6/2019 - Plaintiff's application (DN #9 ) is DENIED as moot. cc: Plaintiff, Counsel of Record (KD)
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Filing 12
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Major Ashby, Martin Baker, Mark Bolton, Robert Brown, Dewayne Clark, Major Collins, Steve Durham, Jason Logsdon, Michael Redmon, Katreese Walker, Christopher L. Wedding, Tmeka Wingate (Attachments: #1 Exhibit, #2 Proposed Order) (Rivera, Susan)
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Filing 11
MOTION for Court Screening Pursuant to Prison Litigation Reform Act by Defendants Regina Reese Davis, Kevin Smith, Rachel White (Attachments: #1 Proposed Order) (Sharp, William). Added MOTION for Extension of Time to File Answer re DN #1 Notice of Removal and DN #8 Amended Complaint on 5/28/2019 (RLJ).
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Filing 10
Prisoner Trust Fund Account Statement re #9 MOTION for Leave to Proceed in forma pauperis filed by James Mallory. (KD)
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Filing 9
MOTION for Leave to Proceed in forma pauperis by Plaintiff James Mallory (Attachments: #1 Envelope). (KD)
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Filing 8
AMENDED COMPLAINT against Major Ashby, Martin Baker, Mark Bolton, Robert Brown, Major Collins, Steve Durham, Jason Logsdon, Kevin Smith, Katreese Walker, Christopher L. Wedding, Rachel White, Tmeka Wingate, and Michael Redmon, filed by James Mallory. (Attachments: #1 Summons, #2 Envelope) (KD)
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Filing 7
MEMORANDUM OPINION & ORDER by Senior Judge Charles R. Simpson III on 5/1/2019 - The Metro Defendants' Motion to Dismiss (DN #2 ) is GRANTED. Plaintiff's claims against the Metro Defendants are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted. Within 30 days from the entry date of this Memorandum Opinion and Order, Plaintiff may file an amended complaint. The Clerk of Court is DIRECTED to send Plaintiff a 42 U.S.C. 1983 complaint form with this case number and the word "Amended" written in the caption for his use in filing the amended complaint. cc: Counsel, Plaintiff w/1983 complaint form (KD)
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Filing 6
Error: docketed as separate document; Document attached to DN #2 .
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Filing 5
CLERK'S NOTICE re #1 Notice of Removal. cc: Counsel of Record; Plaintiff, pro se; Jefferson Circuit Court (MNM)
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Filing 4
NOTICE of Deficiency re #2 Motion to Dismiss for Failure to State a Claim. Reason for Deficiency: Proposed Order. Failure to comply will be brought to the attention of the Court. Response due by 2/26/2019. (MNM)
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Filing 3
Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson III. (MNM)
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Response to #4 Notice of Deficiency. (RLJ)
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Filing 2
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Major Ashby, Martin Baker, Mark Bolton, Robert Brown, Dewayne Clark, Major Collins, Steve Durham, Jason Logsdon, Katreese Walker, Christopher L. Wedding, and Tmeka Wingate. (MNM) (Additional attachment(s) added on 2/19/2019: #1 Proposed Order) (RLJ).
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Filing 1
NOTICE OF REMOVAL by Martin Baker, Major Ashby, Robert Brown, Tmeka Wingate, Mark Bolton, Christopher L. Wedding, Katreese Walker, Steve Durham, Jason Logsdon, Major Collins, and Dewayne Clark from Jefferson Circuit Court, case number 19-CI-00434 (filing fee $400, receipt number 0644-2807385). (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Cover Sheet) (MNM)
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