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15-105 - Hodge v. Burkhart et al


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15-105 - Hodge v. Burkhart et al
May 20, 2016
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MEMORANDUM OPINION & ORDER: 1. Plaintiff Douglas Hodges 42 U.S.C. § 1983 claims against Defendants B.J. Burkhart, Ken Casteel, Dan Howard, and Derek Moore in their official capacities are DISMISSED WITH PREJUDICE; 2. Plaintiff Hodges 42 U.S.C. § 1983 claims against Defendants B.J. Burkhart, Dan Howard, and Derek Moore in their individual capacities, as well as his pendant state and/or common law claims, are DISMISSED WITH PREJUDICE; 3. Defendants B.J. Burkhart, Dan Howard, and Derek Moore are TERMINATED as Defendants from this proceeding; 4. Plaintiff Hodges Eighth Amendment claims alleging verbal sexual harassment; First Amendment claims alleging denial of access to legal materials; and Fourteenth Amendment claims alleging the denial of due process, all brought against Defendant Ken Casteel in his individual capacity, are DISMISSED WITH PREJUDICE; 5. Plaintiff Hodges Eighth Amendment claims alleging the use of excessive force and the failure to stop the use of force by another inmate, as well as Hodges pendant state/common law claims alleging assault, failure to intervene in a crime, and failure to report a crime, against Defendant Ken Casteel in his individual capacity SHALL PROCEED, and Defendant Casteel must respond to those claims; 6. Hodges claims alleging violations of the Prison Rape Elimination Act, 42 U.S.C. § 15601, et seq., are DISMISSED WITH PREJUDICE; 7. Hodges request for various forms of injunctive relief are DENIED AS MOOT due to Hodges current confinement at the Kentucky State Reformatory; 8. The London Clerks Office is DIRECTED to prepare a Service Packet for Defendant Ken Casteel, Deputy Jailer of the Harlan County Detention Center; 9. The London Clerks Office is DIRECTED to send the Service Packet to the United States Marshals Service in Lexington, Kentucky; 10. The United States Marshals Services shall be responsible for ensuring that Defendant Ken Casteel is successfully served with process; 11. Within forty (40) days of the date of entry of this Order, the United States Marshals Service Office shall send a Service Report to the London Clerks Office stating whether service was accomplished, which the Clerk shall FILE in the record. 12. Plaintiff Hodge must keep the Clerk of the Court informed of his current mailing address. Failure to notify the Clerk of any change of address may result in dismissal of his case; and 13. With every notice or motion filed with the Court, Hodge must (a) mail a copy to Defendant Casteel or his attorney; and (b) at the end of the notice or motion, certify that he has mailed a copy to Defendant Casteel or his attorney and the date on which this was done. The Court will disregard any notice or motion which does not include this certification. Derek Moore (Chief Deputy, Harlan County Detention Center), B. J. Burkhart (Jailer, Harlan County Detention Center) and Dan Howard (Captain, Harlan County Detention Center) terminated.. Signed by Judge Gregory F. VanTatenhove on 5/20/2016.(JMB)cc: COR, Douglas Hodge via US Mail
December 9, 2016
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REPORT AND RECOMMENDATION re 1 Complaint (Referred) filed by Douglas M. Hodge: IT IS RECOMMENDED that Plaintiffs 42 U.S.C. §1983 civil rights complaint be dismissed. Particularized objections to this Report and Recommendation must be filed with the Clerk of Court within fourteen (14) days of the date of service or further appeal is waived.. Signed by Magistrate Judge J. Gregory Wehrman on 12/9/2016.(JMB)cc: COR, Douglas M. Hodge via US Mail
January 5, 2017
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ORDER: 1. The Report and Recommendation issued by Judge Wehrman [R. 34] is ADOPTED as and for the Opinion of the Court; 2. The remaining claims in Plaintiff's 42 U.S.C. § 1983 civil rights complaint are DISMISSED; 3. Any pending motions are DENIED, AS MOOT; and 4. This action is STRICKEN from the Court's active docket. Signed by Judge Gregory F. VanTatenhove on 01/05/2017.(KJA)cc: COR, mailed paper copy to pro se filer