Webb v. Curry et al
| Gregory R. Webb |
| Mark Curry, Arthur Maglinger, B.J. Burkhart, Jeff Osborne, Derrick Moore and Dan Howard |
| 4:2018cv00027 |
| February 28, 2018 |
| US District Court for the Western District of Kentucky |
| Owensboro Office |
| Daviess |
| Joseph H. McKinley |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
65
MEMORANDUM OPINION AND ORDER signed by Senior Judge Joseph H. McKinley, Jr. on 8/21/19 denying 60 Motion to Dismiss; granting 60 Motion for Extension of Time to Complete Discovery: The parties are granted 90 additional days to complete discover y. IT IS FURTHER ORDERED that Plaintiff should respond to the Defendants' First Set of Interrogatories and Request for Production of Documents within 21 days from the entry of this Order, and that Plaintiff attend and participate in any deposition noticed by Defendants. Plaintiff is hereby warned that failure to comply with this order WILL RESULT IN DISMISSAL OF THIS ACTION WITH PREJUDICE. cc: Counsel, Plaintiff(pro se) (DJT)
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Filing
45
MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 3/6/2019: The following claims shall proceed on initial review of the amended complaint: retaliation claims against Defendants Curry, Maglinger, and Bennett in their individual ca pacities and the Eighth Amendment failure-to-protect claims against Daviess County and Maglinger in his individual and official capacities; The remaining claims arising out of Plaintiff's detention at MCDC and DCDC as well as the claim that M CDC, DCDC, and HCDC violated his rights in failing/delaying filing of Plaintiff's jail trust account statement 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 shall terminate the following Defendants from this action: Muhlenberg County and Kay Todd. Plaintiffs remaining claims in the amended complaint 40 ) against Defendant Harlan County; HCDC Defendants Burkhart, Dan Howard, Moore, Whitman, Ju stin Howard, and Blake; and Defendants SHP and its employees, Defendants Nurse Tammy "Halcomb(s)" and Nurse Jeff Osborne are SEVERED from this action. Pursuant to Rule 21, the Clerk of Court is DIRECTED to open a new civil action with t he amended complaint 40 as the complaint. The instant Memorandum Opinion and Order shall be docketed in the new action. The Clerk of the Court is FURTHER DIRECTED to TRANSFER the newly opened action to the United States District Court for the Eastern District of Kentucky, Southern Division at London. cc: Plaintiff (pro se), Defendants, Muhlenberg County Atty, Daviess County Atty, Harlan County Atty (JM)
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