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06-539 - Bates v. Elwood et al


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06-539 - Bates v. Elwood et al
January 8, 2007
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MEMORANDUM OPINION & ORDER: 1) USA willb e added as add'l dft and Clerk of Court will so note the joinder; 2) dfts are directed to file a response to both the plf's Eighth Amendment Bivens claims and the plf's FTCA claims of negligence; 3) Clerk directed to issue summons for BOP, Atty General of USA, and for USA, EDKY; 4) Clerk shall prepare as many copies of the complaint as there are summons issued and complete the requisite number of USM Forms 285; 5) Plf shall keep Clerk of Court informed of his current mailing address; 6) plf shall serve upon each dft, or if appearance is made, upon counsel for ea dft, a copy of all pldgs or documents filed. USA added. Signed by Judge Karen K. Caldwell. (RBB)cc: COR
September 25, 2007
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MEMORANDUM OPINION & ORDER: 1) USA's Mt to Dismiss or in Alternative, Mt for S/J 24 DENIED; 2) Mt toGrant Relief of Unspecified Monetary Damages and Release from Custody 37 filed by plf, is DENIED: 3) Plf's "Demand for Jury Trial" 32 and 42 are HELD IN ABEYANCE pending further orders of the Court; 4) dfts are directed to file a response to both the plf's 8th Amendment Bivens claims and plf's FTCA claims negligence; 5) Clerk directed to issue summons (a) Louis Elwood, "Senior Staff Member" at FCI-Manchester, (b) Gary Price "Staff Member" @ FCI-Manchester; and (c) M. Corona, "Factory Manager Trainee" at FCI-Manchester, the BOP; 6) Clerk shall prepare as many copies of the complaint as there are summonses issued and complete the requisite number of USM 285 forms; a) if insufficient information exists to sufficiently or effectively complete any summons or USM Form 285 regarding any dft, Clerk shall promptly make a clerk's entry on the docket stating why clerk cannot fill out the summons or USM form 285 or any other document necessary to effectuate service; b) Clerk shall forward to Lexington USM, by certified mail, the following documents: 1) summonses issued; ii) number of USM Form 285; iii) requisite # of complaint copies; iv) requisite # of copies of this Opinion and Order and v) any other document necessary to effectuate service; c) Clerk shall enter the certified mail receipt into the record and a notation that delivery to USM of the complaints, summonses USM for 825 and any other attachments, has been effectuated, and the date upon which they were effecuated; d) USM shall seve a summonses, complaint and a copy of this Order on dfts to this action, service to be made by certified mail, return receipt requested, or be personal service; c) USM shall make a return report to the Court of whether the summons is executed or is still unexecuted within 40 days of the date of entry of this Order; This report shall include a copy of the green card showing proof of service or a statement that a green card was not returned from the US Postmaster, along with a track and confirm from the US Postal Service showing that a proof of delivery does not exist; 7) plf shall keep the Clerk informed on current mailing address; Failure to notify Clerk of any address change may result in a dismissal of this case; 8) all pleading shall be served upon each dft, or upon each atty. Motions terminated: 37 MOTION for Order by Toma Yourvonno Bates filed by Toma Yourvonno Bates, 24 MOTION to Dismiss by USA MOTION for Summary Judgment by USA filed by USA. Signed by Judge Karen K. Caldwell. (RBB)cc: COR
July 16, 2008
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MEMORANDUM OPINION & ORDER: 1) The United States' "Motion to Dismiss or in the Alternative, Motion for Summary Judgment" 61 is GRANTED. 2) The "Motions to Grant Compensatory and Punitive Damages" 7181 are DENIED. 3) This action is DISMISSED W/PREJUDICE and Judgment shall be entered contemporaneously w/this Order in favor of the named dfts. Motions terminated: 81 MOTION for Order by Toma Yourvonno Bates 74 MOTION for Order by Toma Yourvonno Bates 61 MOTION to Dismiss by USA, Louis Elwood, Gary Price, M. Corona and MOTION for Summary Judgment by USA, Louis Elwood, Gary Price, M. Corona. Signed by Judge Karen K. Caldwell on 7/16/08.(EHM)cc: COR Modified text on 7/16/2008 to state that copy mailed to Pla, Bates, by regular mail on this date (EHM).