Mihalic v. McDowell et al
| Christopher A. Mihalic, Sr. |
| McDowell, Josh Lumbar, Captain Nick Napp, Miranda, Hayden, Captain McDowell, Commander Josh Lumbar, Captain Nick Nipp, Head Nurse Miranda and Hardin County Detention Center |
| 3:2022cv00101 |
| February 18, 2022 |
| US District Court for the Western District of Kentucky |
| David J Hale |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2022. A more recent docket listing may be available from PACER.
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Filing 14
Mail Returned as Undeliverable re #13 Memorandum Opinion and Order. Mail sent to Plaintiff Christopher A. Mihalic, Sr. (DLW)
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Filing 13
MEMORANDUM OPINION AND ORDER by Judge David J. Hale on 3/30/2022: For the reasons stated, it is hereby ORDERED that Plaintiff's claims based on denial of dental treatment, denial of access to the courts, and the conditions of his confinement and his claims against Defendant Lumbar are DISMISSED pursuant to 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted. Plaintiff's claims regarding the conditions of his confinement are DISMISSED without prejudice. The Clerk of Court shall terminate Defendants Lumbar, McDowell, Hayden, and Napp as parties to the action as no claims remain against them. The Court has allowed Plaintiff's claims for deliberate indifference to serious medical needs and negligence to proceed against Defendant Nurse Miranda in her individual and official capacities. In doing so, the Court passes no judgment on their outcome or ultimate merit. The Court will enter a separate Order governing the development of these claims. cc: Plaintiff (pro se), Defendants, Hardin County Attorney (DLW)
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Filing 12
AMENDED COMPLAINT filed by Christopher A. Mihalic, Sr. (Attachments: #1 Summons) (DLW)
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Filing 11
Letter from Plaintiff Christopher A. Mihalic, Sr. (DLW)
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Filing 10
ORDER by Judge David J. Hale on 3/2/2022: Plaintiff shall within 30 days of entry of this Order file an amended complaint on the Court's approved 1983 complaint form and tender a summons form for Defendant Hayden. The Clerk of Court is DIRECTED to send Plaintiff a 1983 complaint form with this case number and the word "Amended" affixed to the caption, along with a summons form with this case number affixed to the caption. cc: Plaintiff (pro se) (DLW)
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Filing 9
ORDER FOR PAYMENT OF INMATE FILING FEE (EBOC) Signed by Judge David J. Hale on 3/2/2022 granting #3 Motion for Leave to Proceed in forma pauperis. HCDC to collect filing fee from plaintiff's prison trust account. Clerk to open account for receipt of filing fee payment. cc: Plaintiff (pro se), Finance, Hardin County Detention Center, ATTN: Inmate Accounts (DLW)
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Filing 8
Case Assignment (Random Selection): Case Assigned to District Judge David J. Hale. (KJA)
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Filing 7
Case transferred in from District of Kentucky Eastern; Case Number 5:22-cv-00036. Original file certified copy of transfer order and docket sheet received. (KJA)
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Filing 6
ORDER: This action is TRANSFERRED to the Louisville Division of USDC WDKY. Signed by Judge Henry R. Wilhoit, Jr on 02/18/2022.(JER)cc: CORand Christopher A. Mihalic, Sr. by US Mail [Transferred from kyed on 2/18/2022.]
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Filing 5
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 Filing)(JER) [Transferred from kyed on 2/18/2022.]
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Filing 4
Prisoner Trust Fund Account Statement by Christopher A. Mihalic, Sr. pro se (JER) [Transferred from kyed on 2/18/2022.]
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Christopher A. Mihalic, Sr pro se.Motions referred to P SO. (JER) [Transferred from kyed on 2/18/2022.]
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Filing 1
COMPLAINT & 4 summons(es) presented referred to PSO, filed by Christopher A. Mihalic, Sr. pro se. (Attachments: #1 Summons, #2 Envelope bearing no postmark)(JER) [Transferred from kyed on 2/18/2022.]
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Conflict Check run. (JER) [Transferred from kyed on 2/18/2022.]
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #3 MOTION for Leave to Proceed in forma pauperis by Christopher A. Mihalic, Sr (JER) [Transferred from kyed on 2/18/2022.]
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