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07-104 - McDanel v. Motley et al


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07-104 - McDanel v. Motley et al
October 30, 2007
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MEMORANDUM OPINION & ORDER, 1) following dfts are dismissed sua sponte Ricky Elam; Havens; Billy Patrick; Daphne Bentley and Erica Brown terminated. 2) clerk in divisional office in which the case lies shall prepare and issue summons for EKCC Warden John Motley, EKCC Correctional Officers Barbara Green and Buford Litteral, and the Commissioner of KY Dept of Corrections 3) Clerk shall also prepare as many copies of the complaint as there are summonses and any required USM forms 285; if insufficient info exists to sufficiently or effectively complete any summons or USM 285 regarding any dft clerk shall promptly make a clerk's entry on the docket stating why clerk cannot fill out summons or USM form 285 or any other document necessary to effectuate service 4) after divisional clerk's offc has prepared summonses, USM forms 285 complaint copies, copies of this order and/or any other documents necessary to effectuate service a clerk shall forward said copies by cert mail to USM in Lexington, Kentucky 5) clerk enter the certified mail receipt into the instant record 6) w/in 24 hours of receipt of documents listed in Paragraph 4 USM shall serve summons, complaint copy, copy of this order on each named dft by certified mail 7) USM shall make return report to court of whether the summons is executed or still unexecuted w/in 40 dys of entry of this order 8) dfts file answer or resp to complaint w/in time stated on summons 9) w/in 7 dys of service of summons and complaint; dfts shall file a resp to motion for prel inj; dfts resp shall describe the conditions of pla current confinement including all suicide monitoring 10) pla shall keep clerk informed of his current mailing address; failure to notify clerk of any address change may result in dismissal 11) for every further pldg or other document he wishes to submit for consideration pla shall serve upon remaining dft or counsel; pla shall send original papes to clerk w/certificate of service; if judge or district judge receives any documents which has not been filed or fails to include a cert of service document will be disregarded by court 12) clerk is directed to serve a copy of this order upon Jailer/Warden of institution and Ofcc. of General Cnsl. Signed by Judge David L. Bunning. (SMT)cc: COR, Jailer/Warden, Offc. Gen Cnsl
December 21, 2007
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MEMORANDUM OPINION & ORDER, Motions terminated: (1) Defendants' original 14 MOTION to Dismiss is DENIED. (2) Plaintiff's Motions for Leave to Amend 19 and 20 are GRANTED. (3) Defendants' Motion For a Protective Order 24 is GRANTED to the following extent: (a) Defendants are under no obligation to respond to any discovery requests until 30 days after their second Motion to Dismiss is decided by the Court; and (b) Plaintiff shall file no more pleadings in this case until the Defendants' second Motion to Dismiss is decided by the Court unless he shall first file a motion for permission to file a pleading, he shall have tendered the proposed pleading with the motion, and the Court shall have grant the motion. (4) Defendants' second Motion to Dismiss 23 now stands submitted for a decision by the Court.. Signed by David L. Bunning on 12/21/07.(MSH)cc: COR
March 6, 2008
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MEMORANDUM OPINION & ORDER, 1) granting 23 MOTION to Dismiss by Medical Staff, Department of Corrections, John Motley, Buford Litteral, Barbara Green in lieu of filing answer to the amended complaint 2) granting 31 MOTION to file pleading by Roy McDanel filed by Roy McDanel 3) this action is dismissed w/o prej and judgment shall be entered in favor of dfts.. Signed by David L. Bunning on 3/6/08.(SMT)cc: COR