Johnson v. Robey et al
Plaintiff: Ryan Johnson
Defendant: Amy Robey, Cookie Crews, Director Kieryn Fannin and Hillarye Dailey
Case Number: 3:2023cv00379
Filed: July 26, 2023
Court: US District Court for the Western District of Kentucky
Presiding Judge: Joseph H McKinley
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2023 Opinion or Order Filing 12 WAIVER OF SERVICE Returned Executed by Cookie Crews, Amy Robey. Cookie Crews waiver sent on 8/31/2023, answer due 10/30/2023; Amy Robey waiver sent on 8/31/2023, answer due 10/30/2023. (Bizzell, Mark)
August 31, 2023 Opinion or Order Filing 11 NOTICE of Appearance by Mark F. Bizzell on behalf of Cookie Crews, Amy Robey (Bizzell, Mark)
August 14, 2023 Opinion or Order Filing 10 Mail Returned as Undeliverable #6 #7 sent to Cookie Crews. (DJT)
August 14, 2023 Opinion or Order Filing 9 Return of Service Executed #1 #6 #7 as to General Counsel Justice and Public Safety Cabinet. (DJT)
August 8, 2023 Opinion or Order Filing 8 NOTICE of Certified Mailing re #7 Order. (DJT)
August 8, 2023 Opinion or Order Filing 7 ORDER REGARDING SERVICE AND SCHEDULING ORDER by Senior Judge Joseph H. McKinley, Jr on 8/7/23: The Clerk of Court shall forward by certified mail, return receipt requested, one copy of the complaint (DN #1 ); the Memorandum and Order entered this date; and this Order to the Justice & Public Safety Cabinet, Office of Legal Counsel, Frankfort, Kentucky. General Counsel shall have 30 days after receipt by certified mail of the above referenced documents and this Order to complete and return a notice of waiver of service. Should counsel for the Justice & Public Safety Cabinet not represent any Defendant, the Court requests General Counsel to provide a forwarding or last known address for that Defendant so that it may ensure service. The Clerk of Court is DIRECTED to prepare and issue summons at the address provided by the Justice & Public Safety Cabinet for any Defendant if a waiver is not returned, and the United States Marshal shall serve a copy of the complaint (DN #1 ); the Memorandum and Order entered this date; this Order; and summons on the Defendant in accordance with Rule 4 of the Federal Rules of Civil Procedure. Pretrial Discovery due by 12/31/2023. Dispositive Motions due by 2/29/2024. Pre-trial Memorandum (Plaintiff) due by 1/30/2024. Pre-trial Memorandum (Defendant) due by 2/29/2024. cc: Plaintiff(pro se w/Handbook), Defendants Robey and Crews, General Counsel (DJT)
August 8, 2023 Opinion or Order Filing 6 MEMORANDUM OPINION AND ORDER by Senior Judge Joseph H. McKinley, Jr on 8/7/23: IT IS ORDERED that Plaintiff's official-capacity damages claims are DISMISSED pursuant to 28 U.S.C. 1915A(b)(2) for seeking monetary damages from Defendants who are immune from such relief. IT IS FURTHER ORDERED that Plaintiff's individual-capacity claims against Defendant Robey and Crews are DISMISSED pursuant to 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that the official-capacity claims against Defendants Fannin and Dailey are DISMISSED as redundant to the claims against the other Defendants. The Clerk of Court is DIRECTED to terminate them as parties to the action. IT IS FURTHER ORDERED that within 30 days from the entry date of this Order, Plaintiff may file an amended complaint in which she 1) names individual(s) who were directly involved in the decision to deny her protective-custody housing and who have allegedly failed to protect her safety; and 2) describes the actions taken or not taken by each Defendant in regard to each claim. If filed the amended complaint will undergo initial review. cc: Plaintiff(pro se w/1983 Form), Defendants Robey and Crews, General Counsel (DJT)
August 2, 2023 Opinion or Order Filing 5 ORDER FOR PAYMENT OF INMATE FILING FEE Signed by Senior Judge Joseph H. McKinley, Jr. (EBOC) on 8/2/2023 granting #3 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to open an account for the payment of the filing fee in this action. cc: Plaintiff, pro se; Financial Section USDC WDKY; LLCC, Attn: Inmate Accts.(EAS)
August 2, 2023 Opinion or Order Schedules Initial Review due by 12/4/2023. (EAS)
July 26, 2023 Opinion or Order Filing 4 Prisoner Trust Fund Account Statement re #3 MOTION for Leave to Proceed in forma pauperis filed by Ryan Johnson by Ryan Johnson. (EAS)
July 26, 2023 Opinion or Order Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Ryan Johnson (EAS)
July 26, 2023 Opinion or Order Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Joseph H. McKinley, Jr. (EAS)
July 26, 2023 Opinion or Order Filing 1 COMPLAINT against Cookie Crews, Hillarye Dailey, Kieryn Fannin, Amy Robey, filed by Ryan Johnson. (Attachments: #1 Tendered Summons) (EAS).

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Plaintiff: Ryan Johnson
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Defendant: Amy Robey
Represented By: Mark F. Bizzell
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Defendant: Cookie Crews
Represented By: Mark F. Bizzell
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Defendant: Director Kieryn Fannin
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Defendant: Hillarye Dailey
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