Merrill v. Jordan et al

Plaintiff: Brandon Merrill
Defendant: Scott Jordan, Jacob Bruce, Garyth Thompson, Christopher Agoha and Ryan Inglish
Case Number: 5:2023cv00044
Filed: April 13, 2023
Court: US District Court for the Western District of Kentucky
Presiding Judge: Benjamin Beaton
Referring Judge: Joseph H McKinley
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2023 Filing 13 AMENDED COMPLAINT against Jacob Bruce, Scott Jordan, Garyth Thompson, Christopher Agoha, Ryan Inglish, filed by Brandon Merrill. (Attachments: #1 Exhibits, #2 Summonses) (EAS)
May 19, 2023 Filing 12 MEMORANDUM OPINION AND ORDER signed by Senior Judge Joseph H. McKinley, Jr on 5/18/23: IT IS ORDERED that the official-capacity claims for damages must be dismissed for failure to state a claim upon which relief may be granted and for seeking monetary relief from a defendant who is immune from such relief pursuant to 28 U.S.C. 1915A(b)(1)(2); and that Plaintiffs Eighth Amendment claim is DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. 1915A(b)(1). IT IS FURTHER ORDERED that within 30 days of entry of this Memorandum Opinion and Order Plaintiff may file an amended complaint to provide information as to whether the denial of religious material infringed his sincerely held religious belief and whether he seeks prospective injunctive relief related to the denial of religious materials. The Clerk of Court is DIRECTED to send Plaintiff a prisoner 1983 complaint form with this case number and AMENDED affixed thereto for Plaintiffs use should he wish to filean amended complaint. Plaintiff is WARNED that should he fail to file an amended complaint within 30 days, his freedom of religion claim will be dismissed for the reasons set forth herein. IT IS FURTHER ORDERED that Plaintiffs motion (DN #9 ) is DENIED. cc: Plaintiff(pro se), Defendants (DJT)
May 18, 2023 Filing 11 MEMORANDUM AND ORDER Signed by Senior Judge Joseph H. McKinley, Jr. on 5/17/2023 denying #6 Motion to Appoint Counsel. cc: Plaintiff, pro se; Defendants (EAS)
May 17, 2023 Filing 10 ORDER FOR PAYMENT OF INMATE FILING FEE Signed by Senior Judge Joseph H. McKinley, Jr. (EBOC) on 5/17/2023 granting #7 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to open an account for the payment of the filingfee in this action. cc: Plaintiff, pro se; Financial Section USDC WDKY; KSP, Attn. Inmate Accts #2080793, 266 Water St., Eddyville, KY 42038(EAS)
May 15, 2023 Filing 9 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiff Brandon Merrill. (Attachments: #1 Declaration in Support, #2 Proposed Order, #3 Envelope) (JM)
May 15, 2023 Filing 8 Prisoner Trust Fund Account Statement re #7 MOTION for Leave to Proceed in forma pauperis filed by Brandon Merrill. (Attachments: #1 Envelope) (JM)
May 15, 2023 Filing 7 MOTION for Leave to Proceed in forma pauperis by Plaintiff Brandon Merrill. (Attachments: #1 Envelope) (JM)
May 15, 2023 Filing 6 MOTION to Appoint Counsel by Plaintiff Brandon Merrill. (Attachments: #1 envelope) (JM)
May 15, 2023 Response to #3 Notice of Deficiency, filed by Brandon Merrill. Motion for IFP and prisoner trust account statement have been filed. (See DN #7 and #8 ) (JM)
May 10, 2023 Filing 5 TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to GO 23-06, this matter is reassigned to the docket of Judge Joseph H. McKinley, Jr. for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel, plaintiff pro se, CM-McKinley (KJA)
April 28, 2023 Filing 4 Letter from Plaintiff Brandon Merrill. (JM)
April 14, 2023 Filing 3 NOTICE of Deficiency re #1 Complaint. Reason for Deficiency: Missing IFP, Prisoner Trust Account Statement and/or the Filing Fee to be paid in full. Failure to comply will be brought to the attention of the Court. Response due by 5/15/2023. (CDL)
April 14, 2023 Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (CDL)
April 13, 2023 Filing 1 COMPLAINT against Jacob Bruce, Scott Jordan, (No filing fee paid), filed by Brandon Merrill. (Attachments: #1 Comp-supp, #2 Summons Tendered, #3 Envelope) (CDL)

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Plaintiff: Brandon Merrill
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Defendant: Scott Jordan
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Defendant: Jacob Bruce
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Defendant: Garyth Thompson
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Defendant: Christopher Agoha
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Defendant: Ryan Inglish
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