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13-184 - Earle v. USA


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13-184 - Earle v. USA
December 1, 2014
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MEMORANDUM ORDER: 1) The Deputy Clerk in the London Clerk's Office shall prepare three "Service Packets' consisting of the following docs for service upon the USA: a) a completed summons form; b) the complaint [R.1] and all attachments [R. 1-1, R. 1-2]; 3) this Memorandum Order; d) a completed USM Form 285; 2) London Deputy Clerk shall send the Service Packets to the USMS in Lexington, Kentucky, and note in the docket the date that the Service Packets were delivered to the USMS; 3) USMS shall serve the USA by sending a Service Packet by certified or registered mail to: a) Civil Process Clerk, Office of U.S. Atty, Eastern District of Kentucky; c) Office of the Attorney General of the US in Washington, DC; and c) the central office of the Federal Bureau of Prisons in Washington, DC; 4) Pursuant to Rule 12(a)(2), Fed.R.Civ.P., the USA shall answer or other wise response to the complaint w/i 60 days after service on the U.S. Atty; 5) Plaintiff must advise of any change in current mailing address; 6) every notice or motion filed with the Court, the plaintiff must (a) mail a copy to the defendant (or defendants attorney); and (b) at the end of the notice or motion, certify that he has mailed a copy to the defendant (or the defendants attorney) and the date on which this was done. The Court will disregard any notice or motion which does not include this certification. Signed by Judge David L. Bunning on 12/01/2014.(RC)cc: COR, paper copy to pro se filer
February 8, 2016
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RECOMMENDED DISPOSITION: The Court RECOMMENDS that the District Court GRANT DE #53 to the extent it seeks summary judgment. The United States is entitled to judgment as a matter of law. The Court directs parties to 28 U.S.C. ยง 636(b)(1) for appeal rights. Signed by Magistrate Judge Robert E. Wier on 2/8/2016.(RC)cc: COR, paper copy to pro se filer w/copy of DE #59
April 11, 2016
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ORDER ADOPTING RECOMMENDED DISPOSITION: (1) Plaintiff Vernon Norman Earle's Objections (Docs. # 62 and 65) to Magistrate Judge Wier's Recommended Disposition are overruled; (2) Magistrate Judge Wier's Recommended Disposition (Doc. # 61) is adopted as the findings of fact and conclusions of law of the Court; (3) The United States' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (Doc. # 53) is granted to the extent it seeks summary judgment; and (4) A separate Judgment shall be entered contemporaneously herewith. Signed by Judge David L. Bunning on 4/11/16.(SYD)cc: COR, Mailed to pro se filer