Webb v. Harlan County et al
| Gregory Ryan Webb |
| Jailer B.J. Burkhart, Derrick Moore, Southern Health Partners, Harlan County, Deputy Blake, Justin Howard, Capt. Dan Howard, Deputy Whitman, Jeff Osborne and Tammy Halcomb |
| 4:2019cv00028 |
| March 7, 2019 |
| US District Court for the Western District of Kentucky |
| Owensboro Office |
| Joseph H McKinley |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing 3
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 capacities 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 MCDC, 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 DN40 ) against Defendant Harlan County; HCDC Defendants Burkhart, Dan Howard, Moore, Whitman, Justin 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 the amended complaint DN40 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, Clerk-EDKY (JM)
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| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Joseph H. McKinley, Jr.. (JM) |
| Filing 1 COMPLAINT against Blake, B.J. Burkhart, Tammy Halcomb, Harlan County, Dan Howard, Justin Howard, Derrick Moore, Jeff Osborne, Southern Health Partners, Whitman, filed by Gregory Ryan Webb. (Attachments: #1 Exhibits, #2 Summons) (JM) |
| Remark: Case transferred from Kentucky Western has been opened in Eastern District of Kentucky as case 6:19-cv-00070, filed 03/07/2019. (MLG) |
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