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07-052 - McCrary v. Patton et al


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07-052 - McCrary v. Patton et al
June 6, 2007
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MEMORANDUM OPINION & ORDER, (1) MOTION 4 to Appoint Counsel is DENIED. (2) Claims against defendants Brian Patton; Zimmerman; Krista Rear; Frank Brickey; Captain Ellis; Dr. Wagner; Dr. Gomez; Mr. Porter; Mr. Ramsey; Mr. Bradley; Mr. Chaney; Mrs White; Mr. Raudebaugh; Todd Gibson; Mr. M. Minor; Sharon Maynard; Ms. Cline; Mr. Dean; Mr. Sloan; Mr. Thompson; Mr. Moore; Kimberly Bloom; Ms Kite; and Mr. Smith are DISMISSED with PREJUDICE. (3) The Court certifies that any appeal would not be taken in good faith. (4) The Ashland Clerk shall prepare summonses for Defendant Daming, Frazee, McNeal, Waugaman, Dr. Traci Sanchez, Rena Walker and BOP. (5) The Ashland Clerk shall also complete the requisite number of USM Forms 285, if any are required. If insufficient information exists to sufficiently complete any summons or USM Form 285 regarding any defendant, the Clerk shall promptly make a clerk's entry on the docket stating why the Clerk cannot fill out the summons or USM Form or any other documents necessary to effectuate service. (6) Ashland Clerk shall also prepare 8 sets of documents, each consisting of copies of summons, complaint, and the instant Memorandum Opinion and Order for service upon Defendants as well as BOP and the US Attorney EDKY. (7) After the Ashland Clerk has prepared the summonses, USM Forms 285, complaint copies, copies of this Order, and/or any other documents necessary to effectuate service, Clerk shall forward said documents, by CERTIFIED MAIL, to USM's Office in Lexington, KY. (8) The Ashland Clerk shall enter the certified mail receipt into the instant record. (9) The USM shall serve copies of summons, complaint, and this Order. Service shall be made by certified mail, return receipt requested. (10) USM shall make a return report to Court of whether the summons is executed or is still unexecuted within 40 days of the date of entry of this Order. (11) Clerk send Copy of this Order to plaintiff at current mailing address. If the Plf's address changes, notify Clerk by filing notice of change of address, failure to do so may result in a dismissal of case. (12) If Judge or Magistrate Judge receives any document which has not been filed with the Clerk or fails to include the certificate of service of copies, document will be disregarded by the Court. Signed by Judge Joseph M. Hood. (MSH)cc: COR
March 25, 2008
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MEMORANDUM OPINION & ORDER: (1) Plaintiff's Motion to Delay Consideration DE # 36 is DENIED. (2) Defendants' Motion to Dismiss, or In the Alternative, Motion for Summary Judgment DE # 29 is GRANTED. (3) Plaintiff's Complaint DE # 2 is DISMISSED WITH PREJUDICE. (4) Plaintiff's second request for the appointment of counsel DE # 39 is DENIED AS MOOT. (5) An appropriate Judgment will be entered contemporaneously herewith. (Received via e-mail from Lex on 3/27/08). Signed by Judge Joseph M. Hood on 3/25/08.(MSH)cc: COR .