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16-057 - McBee v. Campbell County Detention Center et al


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16-057 - McBee v. Campbell County Detention Center et al
March 8, 2017
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MEMORANDUM OPINION & ORDER: 1) McBee's Motion to appoint counsel to represent him in these proceedings 16 is DENIED; 2) McBee's "Motion for Leave to Amend Complaint Prior to Screening" 19 is DENIED AS MOOT; 3) McBee's Claim No. 4 regarding the free exercise of his religious beliefs' (14 at 15-16) is SEVERED from this action. The Clerk of the Court shall OPEN a new civil action filed by McBee regarding this claim. The Clerk shall FILE McBee's First Amended Complaint 14 as the initiating document in that action, along with a copy of his request for injunctive relief relating to this claim 17, and a copy of this Order; 4) McBee's Claim No. 7 regarding the excessive use of force (14 at 18-19) is SEVERED from this action. The Clerk of the Court shall OPEN a new civil action filed by McBee regarding this claim. The Clerk shall FILE McBee's First Amended Complaint 14 as the initiating document in that action, along a copy of this Order; 5) McBee's Claim Nos. 6,8,10, and 11 regarding his medical care at CCDC (14 at 17-18, 19-20, 21-22, 22-23) are SEVERED from this action. The Clerk of the Court shall OPEN a new civil action filed by McBee regarding this claim. The Clerk shall FILE McBee's First Amended Complaint 14 as the initiating document in that action, along with a copy of this Order; 6) McBee's Claim Nos. 5,9, and 12 regarding the conditions of his confinement at CCDC (14 at 16, 20-21, 23-26) are SEVERED from this action. The Clerk of the Court shall OPEN a new civil action filed by McBee regarding this claim. The Clerk shall FILE McBee's First Amended Complaint 14 as the initiating document in that action, along with a copy of this Order; 7) McBee's Claim Nos. 1,2,3 and 13 regarding his right of access to the courts (14 at 7-15, 27) are DISMISSED WITH PREJUDICE with respect to his claims under federal Constitution and are DISMISSED WITHOUT PREJUDICE with respect to any claims arising under Kentucky law; 8) This dismissal counts as a "strike" fro purposes of 28 U.S.C. ยง 1915(g); 9) McBee's motion for injunctive relief related to his claim regarding access to the courts 18 is DENIED; 10) McBee's motion for injunctive relief related to his claim regarding free exercise of his religious beliefs 17, having been transferred to a new civil action asserting that claim, will be DENIED WITHOUT PREJUDICE for administrative purposes in this action; 11) The Court will enter an appropriate judgment; 12) This matter is STRICKEN from the active docket. Signed by Judge William O. Bertelsman on 3/8/2017.(ECO)cc: COR, cc to Richard McBee, pro se Plf, at address listed on the docket sheet