Brandenburg v. Louisville Metro Department of Corrections et al
| Anthony Lee Brandenburg |
| Devin T. Ballard, Nathan W. Wencka, Michael Scera, Derek Hughes, Louisville Metro Department of Corrections, Kerry Krawetz, Corey Preston and Wellpath Health Services |
| 3:2021cv00077 |
| February 4, 2021 |
| US District Court for the Western District of Kentucky |
| Rebecca Grady Jennings |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on March 30, 2021. A more recent docket listing may be available from PACER.
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| Filing 21 ANSWER to #1 Complaint with Jury Demand by Nathan W. Wencka. (Dilbeck, James) |
| Filing 20 Mail Returned as Undeliverable re #12 / #13 / #14 . Mail sent to Michael Scera. (SMJ) |
| Filing 19 ANSWER to #1 Complaint with Jury Demand by Devin T. Ballard, Derek Hughes, Michael Scera. (Ogburn, J.) |
| Filing 18 SUPPLEMENTAL COMPLAINT against Kerry Krawetz, Corey Preston, and Wellpath Health Services, filed by Anthony Lee Brandenburg. (Attachments: #1 Summons) (SMJ) |
| Filing 17 MOTION to Transport by Plaintiff Anthony Lee Brandenburg. (SMJ) |
| Filing 16 Letter from Plaintiff Anthony Brandenburg. (SMJ) |
| Filing 15 SUMMONS Returned Executed. Devin T. Ballard served on 3/9/2021, answer due 3/30/2021; Derek Hughes served on 3/9/2021, answer due 3/30/2021; Michael Scera served on 3/9/2021, answer due 3/30/2021; Nathan W. Wencka served on 3/9/2021, answer due 3/30/2021. (SMJ) |
Filing 14
MEMORANDUM AND ORDER Signed by Judge Rebecca Grady Jennings on 3/9/2021. Plaintiff's motion for a "temporary injunction" (DN #6 ) is DENIED. Within 30 days of entry of this Order, Plaintiff may file a supplemental complaint. The Clerk of Court is DIRECTED to send Plaintiff a 1983 complaint form with the instant case number and the words "Supplemental Complaint" written in the caption as well asthree blank summons forms. cc: Plaintiff-pro se, Defendants, Jefferson County Atty. (SMJ)
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Filing 13
MEMORANDUM AND ORDER Signed by Judge Rebecca Grady Jennings on 3/9/2021. Plaintiff's motion for the appointment of counsel (DN #8 ) is DENIED. However, nothing in this Order shall preclude Plaintiff from requesting appointment of counsel at a future point in this action should circumstances arise to justify such an appointment. cc: Plaintiff-pro se, Defendants, Jefferson County Atty. (SMJ)
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Filing 12
ORDER Signed by Judge Rebecca Grady Jennings on 3/9/2021. To the extent that Plaintiff's motion is a motion to preserve evidence, IT IS ORDERED that the motion (DN #7 ) is DENIED. To the extent that Plaintiff's motion is a motion to compel the production of evidence, IT IS HEREBY ORDERED that the instant motion (DN 7) is DENIED. Plaintiff is directed to refer to the Court's Pro Se Prisoner Handbook for further explanation of the discovery process. cc: Plaintiff-pro se, Defendants, Jefferson County Atty. (SMJ)
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| Filing 11 Summonses Issued as to Devin T. Ballard, Derek Hughes, Michael Scera, and Nathan W. Wencka. Service packets sent to USM-LV for delivery as directed. (Attachments: #1 Summons - Wencka, #2 Summons - Scera, #3 Summons - Ballard, #4 USM-285) (SMJ) |
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Filing 10
SERVICE AND SCHEDULING ORDER signed by Judge Rebecca Grady Jennings on 3/3/2021. The Clerk of Court shall prepare, if necessary, and issue summonses, and the United States Marshal shall serve a copy of the complaint, the separate Memorandum Opinion and Order entered this date, summonses, and this Service and Scheduling Order on Defendants Wencka, Scera, Ballard, and Hughes. A copy of the complaint, the separate Memorandum Opinion and Order, and this Order shall also be mailed to the Jefferson County Attorney. All Pretrial Discovery due by 7/1/2021. Pre-trial Memorandum (Plaintiff) due by 8/2/2021. Pre-trial Memorandum (Defendant) due by 9/1/2021. Dispositive Motions due by 9/1/2021. Plaintiff is WARNED that his failure to notify the Clerk of Court of any address change or failure to comply with this or any subsequent order of the Court MAY RESULT IN A DISMISSAL OF THIS CASE. The Clerk of Court is DIRECTED to mail Plaintiff a copy of the Pro Se Prisoner Handbook. cc: Plaintiff-pro se (w/ handbook), Defendants (as directed), Jefferson County Atty. (as directed) (SMJ)
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Filing 9
MEMORANDUM OPINION AND ORDER signed by Judge Rebecca Grady Jennings on 3/3/2021. Plaintiff's claims against LMDC, his official-capacity claims against Defendants Wencka, Scera, Ballard, and Hughes, and his claim 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. The Clerk of Court is DIRECTED to terminate LMDC as a party to this action. The Court will enter a separate Service and Scheduling Order to govern the claims it has allowed to proceed. cc: Plaintiff-pro se, Defendants, Jefferson County Atty. (SMJ)
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| Filing 8 MOTION to Appoint Counsel by Plaintiff Anthony Lee Brandenburg. (SMJ) |
| Filing 7 MOTION for "Litagation Hold Notice" by Plaintiff Anthony Lee Brandenburg. (SMJ) |
| Filing 6 MOTION for Temporary Injunction by Plaintiff Anthony Lee Brandenburg. (SMJ) |
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Filing 5
ORDER FOR PAYMENT OF INMATE FILING FEE (EBOC) by Judge Rebecca Grady Jennings on 2/8/2021 granting #2 Motion for Leave to Proceed in forma pauperis. This Court will not assess an initial partial filing fee under 28 U.S.C. 1915(b)(1). 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. The Clerk of Court is DIRECTED to open an account for the payment of the filing fee in this action. cc: Plaintiff-pro se, KYWD-Finance, LMDC-Inmate Accts. (SMJ)
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| Filing 4 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (ALS) |
| Filing 3 Prisoner Trust Fund Account Statement re #2 MOTION for Leave to Proceed in forma pauperis filed by Anthony Lee Brandenburg. (ALS) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Anthony Lee Brandenburg (ALS) |
| Filing 1 COMPLAINT against All Defendants filed by Anthony Lee Brandenburg. (Attachments: #1 Summonses Tendered) (ALS) |
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