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14-168 - Perry v. Chaney et al


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14-168 - Perry v. Chaney et al
April 16, 2015
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etaliation on 5/1/14; (c) Lt Ultizer must respond to Perry's Eighth Amendment allegation of excessive force and his state-law claim of battery on 6/27/14; (d) Lt Fowler must respond to Perry's Eighth Amendment claim that he denied Perry medical treatment on 6/28/14; and (e) Nurse Sumer must respond to Perrys Eighth Amendment claim that she denied him medical treatment on 6/28/14. 7. A Clerk in the London Clerk's Office shall prepare a "Service Packet" for these five dfts. The Service Packet shall include: a.-d. 8. The Deputy Clerk shall send the Service Packets to the USMS in Lexington, KY. 9. For each dft to be served, the USMS shall serve them by: a. Sending a Service Packet by certified or registered mail to the Civil Process Clerk at the Office of the US Attorney for the EDKy; b. Sending a Service Packet by certified or registered mail to the Attorney General of the US in Washington, D.C.; and c. Personally serving the dfts with a Service Packet through arrangement with the FBOP. 10. The USMS is responsible for ensuring that the dfts are successfully served with process. 11. W/in 40 days of the DOE of this Order, the USMS Office shall send a Service Report to the London Clerks Office, which the Clerk shall file in the record, stating whether service has been accomplished with respect to the dft. 12. Perry must immediately advise the London Clerk's Office of any change in his current mailing addresMEMORANDUM OPINION AND ORDER: 1. All claims asserted by Pla Oceanus Perry against the listed dfts in both their official and individual capacities are DISMISSED WITH PREJUDICE, ***See Order for complete list*** 2. Perry's federal constitutional claims against the Agricultural Dept, the Dept of Justice, the BOP, and the Nat'l Institute of Corrections are DISMISSED WITH PREJUDICE, and these dfts are TERMINATED from this action. 3. Perry's claims alleging violations of 18 U.S.C. ยงยง 4, 241, 1001, 151213, 1702, 2234, 2244, 2246, 3621, 4042, and 4352 are DISMISSED WITH PREJUDICE. 4. Perry's requests for injunctive relief [See Record Nos. 1, 19, 21.] are DENIED WITH PREJUDICE. 5. Perrys federal constitutional claims against Dfts Lt Leroy Chaney, Lt "D." Weiss, Lt Ultizer, Lt Fowler, and Nurse Sumer, in their OFFICIAL CAPACITIES, are DISMISSED WITH PREJUDICE. 6. The following dfts, in their INDIVIDUAL CAPACITIES, are required to respond to Perry's Bivens Complaint as to the following claims: (a) Lt Leroy Chaney must respond to Perry's claim of alleged retaliation on 5/1/14; (b) Lt "D." Weiss must respond to Perry's claim of alleged rs. FAILURE TO DO SO MAY RESULT IN THE DISMISSAL OF THIS ACTION. Perry must communicate with the Court SOLELY through notices or motions filed with the London Clerk's Office. THE COURT WILL DISREGARD CORRESPONDENCE SENT DIRECTLY TO THE JUDGE'S CHAMBERS. 13. With every notice or motion filed with the Court, Perry MUST: (a) mail a copy to each dft (or his or her attorney); and (b) at the end of the notice or motion, certify that he has mailed a copy to each dft (or his or her attorney) and the date on which this was done. THE COURT WILL DISREGARD ANY NOTICE OR MOTION WHICH DOES NOT INCLUDE THIS CERTIFICATION. 14. The Clerk shall transmit a copy of this Memorandum Opinion and Order to the Clerk of 6CCA, referencing Case No. 15-5212. Signed by Judge Danny C. Reeves on 04/16/2015.(KJA)cc: COR, 6CCA, mailed paper copy to pro se filer Modified text on 4/17/2015 (KJA).
June 12, 2015
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MEMORANDUM OPINION & ORDER: ORDERED: 1. Plaintiff Oceanus Perry's "Formal Motion for Injunction" [Record No. 33] is DENIED. 2. The Clerk of the Court shall docket Record No. 33-1 as an AMENDED COMPLAINT. 3. Counts I and II of the Amended Complaint [Record No. 33-1] are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. 4. The Clerk of this Court shall transmit a copy of this Order to the Clerk of the United States Court of Appeals for the Sixth Circuit, referencing Case No. 15-5458. Signed by Judge Danny C. Reeves on 6/12/2015.(RBB)cc: COR, Oceanus Perry via US Mail; 6CCA re: 15-5458 -electronic notification.
February 29, 2016
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MEMORANDUM OPINION & ORDER: (1) The Motion to Dismiss, or in the Alternative, Motion for Summary Judgment filed by Defendants Leroy Chaney, Lieutenant at the USP-McCreary, Defendant Donald Weiss, Lieutenant at the USP-McCreary, Defendant John Fowler, Lieutenant at the USP-McCreary, Defendant David Altizer, Lieutenant at the USP-McCreary, and Defendant Stephanie Sumner, Nurse at the USP McCreary [Record No. 53] is GRANTED. (2) This action is DISMISSED, with prejudice, and STRICKEN from the Court's docket. Signed by Judge Danny C. Reeves on 2/29/16.(SYD)cc: COR, mailed to pro se filer