Marsh v. Clark et al
| Chauncey M. Marsh |
| Dwayne Clark, Evan Michael Miesler, Juan Ochoa, Jacob Fuchs, Steve Durham and Tara Burns |
| 3:2021cv00102 |
| February 12, 2021 |
| US District Court for the Western District of Kentucky |
| David J Hale |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 10 Summonses Issued as to Tara Burns, Jacob Fuchs, Evan Michael Miesler, and Juan Ochoa. Forwarded to USMS - Louisville for service as instructed. (Attachments: #1 USM-285 Forms) (DLW) |
Filing 9
SERVICE AND SCHEDULING ORDER by Judge David J. Hale on 3/12/2021: The Clerk of Court shall issue summonses, and the United States Marshal shall serve a copy of the #1 complaint, the separate #6 Memorandum Opinion and Order entered on 2/24/2021, the #8 amended complaint, this Service and Scheduling Order, and summonses on Defendants Ochoa, Miesler, Fuchs, and Burns. A copy of these documents shall also be mailed to the Jefferson County Attorney. Discovery due by 7/9/2021. Plaintiff's Pre-trial Memorandum due by 8/9/2021. Defendant's Pre-trial Memorandum 9/9/2021. Dispositive Motions due by 9/9/2021. The Clerk of Court is DIRECTED to mail Plaintiff a copy of the Pro Se Prisoner Handbook. cc: Plaintiff (pro se), Defendants, Jefferson County Attorney (DLW)
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| Filing 8 AMENDED COMPLAINT against Dwayne Clark, Steve Durham, Jacob Fuchs, Evan Michael Miesler, Juan Ochoa, Tara Burns, filed by Chauncey M. Marsh. (Attachments: #1 Summons (Incomplete)) (DLW) |
| Filing 7 Mail Returned as Undeliverable re DN #6 . Mail sent to Defendant Juan Ochoa. (DLW) |
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Filing 6
ORDER by Judge David J. Hale on 2/23/2021: Plaintiff's official-capacity claims against all Defendants and his claim based upon the failure to respond to his grievance are DISMISSED for failure to state a claim upon which relief may be granted. Because no claims remain against them, the Clerk of Court is DIRECTED to terminate Defendants Clark and Durham as parties to this action. Within 30 days from the entry date of this Order, Plaintiff may file an amended complaint in which sues Defendants Ochoa, Miesler, and Fuchs in their individual capacities and names Nurse Burns as a Defendant and sues her in individual capacity. If Plaintiff adds Nurse Burns as a Defendant, he shall also file a completed summons form for her. The Clerk of Court is DIRECTED to send Plaintiff pages two and three of his 1983 complaint form with the words "Amended Complaint" written in the caption. The Clerk of Court shall also send Plaintiff a blank summons form with the instant case number. If Plaintiff fails to timely file an amended complaint, the Court will enter an Order dismissing this action for the reasons stated. cc: Plaintiff (pro se), Defendants, Jefferson County Attorney (DLW)
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Filing 5
ORDER FOR PAYMENT OF INMATE FILING FEE (EBOC) Signed by Judge David J. Hale on 2/18/2021 granting #2 Motion for Leave to Proceed in forma pauperis. LMDC to collect filing fee from inmate trust account. Clerk to open account for receipt of filing fee payment. cc: Plaintiff (pro se), Finance, LMDC-Inmate Accounts (DLW)
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| Filing 4 Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (ALS) |
| Filing 3 Prisoner Trust Fund Account Statement re #2 MOTION for Leave to Proceed in forma pauperis filed by Chauncey M. Marsh by Chauncey M. Marsh. (ALS) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Chauncey M. Marsh (ALS) |
| Filing 1 COMPLAINT against All Defendants filed by Chauncey M. Marsh. (Attachments: #1 Exhibits, #2 Summonses Tendered) (ALS) |
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