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16-091 - Brown v. Stacy et al


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16-091 - Brown v. Stacy et al
July 26, 2016
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MEMORANDUM OPINION & ORDER: 1) Pla Brown's Eighth Amendment claims alleging Defendant CO William Wells applied excessive force are DISMISSED. William Wells is terminated as dft; 2) Brown's Eighth Amendment claims alleging that EKCC CO Ryan Stacy, Conner Hall, and Aaron Potter and EKCC Sergeant Jonathon Dingus a;;lied excessive force SHALL PROCEED and THESE FOUR dfts MUST RESPOND to Brown's claims; 3) Brown's claims alleging denial of clothes, soap, toothpast, eating utensils, sleeping mat, blankets, pens, paper, pencils, and denied access to prison recreational activities; his First Amendment claims alleging denied access to the prison mail system; Eighth Amendment claims alleging the denial of medical treatment and his Fourteenth Amendment due process against the five named dfts are DISMISSED WITH PREJUDICE; 4) Deputy Clerk in London shall prepare service packet for Officers Ryan Stacy, Conner Hall, Aaron Potter, and Sergeant Jonathon Dingus at EKCC in West Liberty KY. Service packet shall include: a) Completed summons form; b) Complaint; c) this MOO; and d) Completed USM 285 form; 5) Deputy Clerk shall send the packets to USM in Lexington; 6) ISMS is responsible for ensuring the dfts are served w/process; 7) Within 40 days of the DOE of this order, the USMS office shall send a service report to the London Clerk's Office, which the Deputy Clerk shall file in the record; 8) Brown keep the court informed of his current mailing address; 9) With every notice or motion filed w/the Court, Brown must mail a copy to each dft or his/her atty; and at the end of the notice or motion certify that he mailed a copy to each dft. The court will disregard any notice or motion which does not include this certification. Signed by Judge David L. Bunning on 07/26/2016.(MRS)cc: COR, pro se filer
December 5, 2017
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REPORT AND RECOMMENDATIONS re 54 MOTION for Summary Judgment by Jonathon Dingus, Conner Hall, Aaron Potter, Ryan Stacy, William Wells filed by William Wells, Jonathon Dingus, Aaron Potter, Conner Hall, Ryan Stacy, AND 52 MOTION for Summary Judgment by Nathanial Brown MOTION to Substitute Party by Nathanial Brown filed by Nathanial Brown: this Court HEREBY RECOMMENDS that BOTH Plaintiff's and Defendants' Motions for Summary Judgment, [R. 52; R. 54, be DENIED. Objections to R&R must be filed w/in 14 days of the date of service. Signed by Magistrate Judge Edward B. Atkins on 12/5/17.(MRS)cc: COR, Pro se filer Modified text on 12/5/2017 (MRS).
February 2, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: 1) Defendant's Objections (Doc. #63) to the Magistrate Judge's Report and Recommendation (Doc. #62) are overruled. The Magistrate Judge's Report and Recommendation (Doc. #62) is adopted as the findings of fact and conclusions of law of the Court; 2) Plaintiff's and Defendants' Motions for Summary Judgment (Docs. #52 and 54) are denied; and 3) TELEPHONE CONFERENCE set for 2/22/2018 at 10:00 AM in COVINGTON before Judge David L. Bunning. Counsel shall dial in to this conference call five (5) minutes before the scheduled time by following these steps: See Order for details. Signed by Judge David L. Bunning on 2/2/18.(RC)cc: COR
March 28, 2018
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MEMORANDUM OPINION AND ORDER: 1) Dfts' second motion for s/j 71 is GRANTED; 2) Action is DISMISSED and STRICKEN from the docket; 3) Jgm in favor of the dfts shall be filed contemporaneously herewith. Signed by Judge David L. Bunning on 03/28/18. (MRS)cc: COR