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07-114 - McCrary v. Wyatt et al


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07-114 - McCrary v. Wyatt et al
January 8, 2008
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MEMORANDUM OPINION & ORDER, 1) the following are dismissed sua sponte, w/o prej a) pla claims regarding certified mail sent on 7/8/07 and 8/13/07 and dfts L. S. Hayner and Mary F. Morrison terminated., 2) clerk prepare and issue summons for FCI-Ashland staff members Cathryn A. Wyatt, Todd Gibson, Officer Bishop in their offc. and ind capacities; in addition to summonses clerk make 2 sets of copies of summonses and mark one set for USAtty Gen and one for USAtty EDKY 3) clerk also prepare as many copies of complaint as there are summonses and any required USM 285 4) after clerk has prepared summonses, USM 285 complaint copies, copies of this order and any other documents necessary to effectuate service; clerk forward by cert mail to USM @ Lexington 5) clerk enter cert mail into record 6) USM shall serve summons, complaint copy, and copy of this order on each named dft USAtty Gen, USAtty in Lexington by cert mail 7) USM shall make return report to the court of whether the summons is executed or unexecuted w/in 40 dys of entry of this order 8) pla keep clerk informed of address change 9) pla shall serve upon dft a cpy of pldg w/certificate of service 10) denying 4 MOTION to Appoint Counsel by Algie McCrary. Signed by Judge Henry R. Wilhoit, Jr on 1/4/08.(SMT)cc: COR, USM w/summons and complaint for service on dfts
August 27, 2008
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ge Henry R. Wilhoit, Jr on 8/27/08.(SMT)cc: CORMEMORANDUM OPINION & ORDER, 1) granting 14 MOTION to Dismiss by Cathryn A. Wyatt, Todd Gibson, Cathryn A. Wyatt, Bishop, Todd Gibson, Bishop based on pla failure to exhaust adm remedies 2) action is dismissed and judgment shall enter. Signed by Jud