Taylor et al v. Clark et al
| Justin E. loJohnson, Dewight M. Taylor, Jeron Unseld and Justin E. Johnson |
| Sharon Shipley and Eric Clark |
| 3:2019cv00763 |
| October 23, 2019 |
| US District Court for the Western District of Kentucky |
| Rebecca Grady Jennings |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2019. A more recent docket listing may be available from PACER.
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Filing 7
MEMORANDUM OPINION AND ORDER by Judge Rebecca Grady Jennings on 12/13/2019. Plaintiff's claims based upon the presence of insects at LMDC, the caloric intake of inmates, Defendant Shipley's failure to follow the grievance process, and his request for injunctive relief are DISMISSED pursuant to 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted. If Plaintiff intends to sue Defendant Clark in his individual capacity, he must file an amended complaint within 30 days from the entry date of this Memorandum Opinion and Order in which he so indicates. Following the expiration of the 30-day period, regardless of whether an amended complaint has been filed, the Court will enter a Service and Scheduling Order regarding the claim(s) it has allowed to proceed. The Clerk of Court is DIRECTED to send Plaintiff page 2 of the complaint form with this case number and the words Amended Complaint written on it. Sharon Shipley (Grievance Counselor, Louisville Metro Department of Corrections) terminated. cc: Pro se Plaintiff, Defendants, Jeffeson County Attorney (RLJ)
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Filing 6
ORDER Signed by Judge Rebecca Grady Jennings (EBOC) on 10/31/2019 granting #2 Motion. Pursuant to 28 U.S.C. 1915(b)(1), however, the plaintiff is required to pay the statutory filing fee of $350.00 under an installment plan. The LOUISVILLE METRO DEPARTMENT OF CORRECTIONS shall collect from Plaintiff's prison trust account the $350.00 filing fee by collecting monthly payments from Plaintiff's prison trust account in an amount equal to twenty percent (20%) of the preceding month's income credited to the prisoner's trust account and forwarding payments to the Clerk of Court each time the amount in the account exceeds $10.00. All payments shall be made payable to Clerk, U.S. District Court. The Clerk of Court is DIRECTED to open an account for the payment of the filing fee in this action. Having addressed the filing fee issue, the Court must now undertake a preliminary review of Plaintiff's complaint under 28 U.S.C. 1915A. Once the review is complete, an order will be entered informing the parties of what steps, if any, must be taken. cc: Pro se Plaintiff, Finance, LMDOC Inmate Accounts (RLJ) Modified on 10/31/2019 to correct error (RLJ).
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Filing 5
ORDER by Judge Rebecca Grady Jennings on 10/31/2019. The Clerk of Court is DIRECTED to terminate Justin E. Johnson and Jeron Unseld as parties to this action. The Clerk of Court is further DIRECTED to send Johnson and Unseld separate 42 U.S.C. 1983 packets so that each may file his own action if he so desires. Justin E. Johnson and Jeron Unseld terminated. cc: Pro se Plaintiff, Justin E. Johnson, Jeron Unseld (RLJ)
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| Response to #4 Notice of Deficiency filed by Dewight M. Taylor. (RLJ) |
| Filing 4 NOTICE of Deficiency re #1 Complaint.Reason for Deficiency: Summons forms are not tendered or do not contain the name and address for each defendant. Failure to comply will be brought to the attention of the Court. Response due by 11/22/2019. (ALS) |
| Filing 3 Prisoner Trust Fund Account Statement re #2 MOTION for Leave to Proceed in forma pauperis filed by Dewight M. Taylor by Dewight M. Taylor. (ALS) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Dewight M. Taylor (ALS) |
| Filing 1 COMPLAINT against Eric Clark, Sharon Shipley filed by Dewight M. Taylor, Jeron Unseld, Justin E. Johnson. (Attachments: #1 Summons Tendered for Shipley, #2 Envelope) (ALS) (Additional attachment(s) added on 10/29/2019: #3 Summons to Eric Clark) (RLJ). |
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