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06-297 - Birdsong, Jr. v. Bishop et al


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06-297 - Birdsong, Jr. v. Bishop et al
September 15, 2006
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MEMORANDUM OPINION & ORDER: IT IS ORDERED as follows: (1) The 2 complaint in this action is DISMISSED WITHOUT PREJUDICE; (2) Judgment shall be entered contemporaneously w/ this Memorandum Opinion & Order in favor of the named dfts. Signed by Judge Joseph M. Hood. (MWZ)cc: COR
December 27, 2007
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MEMORANDUM OPINION AND ORDER: (1) Pla's 33 MOTION for Summary Judgment; MOTION Joinder of Claims, Persons & Remedies; MOTION for Protective Order in Discovery; & Motion for Immediate Injunction is GRANTED IN PART & DENIED IN PART, as follows: (a) Pla's 33 Motion for SJ is DENIED; (b) Pla's 33 Motion for Preliminary Injunction is DENIED; (c) Pla's 33 Motion for Protective Order is DENIED; & (d) Pla's 33 Motion for Joinder of Persons,Claims & Remedies is GRANTED; (2) Pla's 44 Motion for Court to take Judicial Notice is DENIED; (3) Pla's 40 Motion to Strike McConnell's Response is DENIED; (4) Pla's 41 Motion for Default Judgment is DENIED; (5) Pla's 45 Motion for Joinder of Additional Dfts & Claims W/ Sequential Request for Injunctive Relief is GRANTED IN PART & DENIED IN PART, as follows: (a) Pla's 45 Motion for Joinder is GRANTED; (b) Pla's 45 Motion for Sequential Request for Injunctive Relief is DENIED; (6) the 34 Motion & Special Notice of Limited Entry of Appearance filed by counsel for non-parties Larry Chandler & the same Scott Haas is GRANTED; (7) Pla shall be allowed to amend his complaint to incorporate the claims he asserted in Record No. 33 as to: (A) Larry Chandler, the warden of the KSR; (B) Scott Haas, the Director of the Kentucky Department of Corrections ("KDOC"); (C) Dr. Duvall; & (D) Dr. F. W.Kemen; (8) Pla is allowed to JOIN as ADDITIONAL DEFENDANTS the following persons: (A) Larry Chandler, the warden of the KSR; (B) Scott Haas, the Director of the KDOC; (C) Dr. Duvall; & (D) Dr. F. W. Kemen; (9) the Clerk is directed to issue summonses for Larry Chandler, the warden of the KSR; Scott Haas, the Director of the KDOC; Dr. Duvall; & Dr. F. W. Kemen, in both their individual & official capacities; (10) Clerk's Office shall prepare as many copies of the complaint, the Motion filed as Record No. 33 & this Order as there are summonses issued & complete the requisite number of USM Form(s) 285: (a) If insufficient info. to complete any summons or USM Form 285 re any dft, Clerk to make a clerk's entry in docket stating why Clerk cannot fill out the summons or USM Form 285 or any other documents necessary to effectuate service; (b) Clerk's Office to forward to Lexington USM's Service by hand delivery the following documents: (i) summonses issued; (ii) requisite no. of USM Forms 285; (iii) requisite no. of complaint copies; (iv) requisite no. of copies of this Order; (v) a copy of the Sixth Circuit's 11 Order of 6/12/07; (vi) copy of Record No. 33; & (vii) any other documents necessary to effectuate service; (c) Clerk's Office to make a notation in record that hand delivery to the USM Office was effectuated, & date upon which such delivery was effectuated; (d) USM to serve summons, complaint copy, copy of this Order, & copy of Record Nos. 11 & 33 on Larry Chandler, the warden of the KSR; Scott Haas, the Director of the KDOC; Dr. Duvall; & Dr. F. W. Kemen; service to be made by certified mail, return receipt requested, or personal service; (e) USM to make return report to the Court of whether summonses are executed or still unexecuted w/in 40 days of date of entry of this Order; report to include copy of green card showing proof of service or statement that green card was not returned from the U.S. Postmaster, along w/ a track & confirm from U.S. Postal Service showing that proof of delivery does not exist; (11) Clerk is further directed to serve a copy of this Order on KY Dept. of Corrections, & to note the service in the docket sheet; (12) pla to keep Clerk informed of current mailing address; failure to notify Clerk of any address change may result in dismissal of case; (13) Clerk is directed to correct the spelling of Dft "Mr. Bouen" on the docket sheet to reflect that dft is "Jonathan Bowen"; (14) for every further pleading/other document he wishes to submit to Court, the pla to serve upon each dft, or, upon each attorney, a copy of the pleading/other document; pla to send original papers to be filed w/ Clerk w/ a certificate stating date a true & correct copy of the document was mailed to each dft/counsel; if no certificate of service of copies, the document will be disregarded by the Court. Signed by Judge Joseph M. Hood on 12/27/07.(MWZ)cc: COR, USM
November 26, 2008
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MEMORANDUM OPINION & ORDER (1) the motion for summary jmt 75 filed by Dft Ron Bishop is GRANTED; (2) the motion for summary jmt 82 filed by Dfts Rex McConnell, M.D. and Jonathan Bowen is GRANTED; (3) the motion for summary 84 jmt filed by Dfts Larry Chandler and Scott Haas is GRANTED; (4) the motion for summary jmt 85 filed by dfts Frederick Kemen, M.D. and Lawrence Duvall, M.D. is GRANTED; and (5) this action is DISMISSED WITH PREJUDICE and Judgment shall be entered contemporaneously with this Order in favor of the named dfts. Signed by Judge Joseph M. Hood on 11/26/08.(MB)cc: COR