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17-027 - Curtis v. Weaver et al


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17-027 - Curtis v. Weaver et al
February 7, 2017
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MEMORANDUM ORDER TRANSFERRING TO District of Northern District of West Virginia: 1. Curtis's motion to proceed in forma pauperis [Record No. 9 ] is GRANTED. 2. Within twenty-eight days, Curtis must pay $21.76 to the Clerk of the Court as an initial partial filing fee. 3. The Clerk of the Court shall open an account in Curtis' name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form (Form EDKY 525) with: (a) Curtis's name; (b) his inmate registration number; and (c) this case number. The Clerk shall serve a copy of this Order and the Notice of Payment Form upon the Jailer/Warden of the institution in which Curtis is currently confined. 4. After the initial partial filing fee is paid, each month Curtis' custodian shall send the Clerk of the Court a payment in an amount equal to 20% of his income for the preceding month out of his inmate trust fund account, but only if the amount in the account exceeds $10.00. The custodian shall continue such monthly payments until the entire $350.00 filing fee is paid. 5. The Clerk of the Court shall add the United States of America as a defendant in this action. 6. Curtis' claims against defendants HSA Michael Weaver, Asst. HSA Rebecca Grove, and Dr. Eddie Anderson are severed from this action. 7. The Clerk of the Court shall open a new civil action filed by Curtis against defendants Weaver, Grove, and Anderson; shall file a copy Curtis' complaint [Record No. 1 ] as the initiating document in that action, as well as a copy of this Order. Defendants Weaver, Grove, and Anderson shall be terminated as defendants in this action. 8. The Clerk of the Court shall transfer the new civil action to the United States District Court for the Northern District of West Virginia. 9. The Deputy Clerk shall prepare a "Service Packet" for Defendants R.N. Aimee Phillips, P.A. Christopher Davis, D.O. Jude Onuoha, HSA Jones, Clinical Director Rios, and the United States of America. Each Service Packet shall include: a. a completed summons form; b. the original and amended complaints [Record Nos. 1, 4 ]; c. this Order; and d. a completed USM Form 285. 10. The Deputy Clerk shall deliver the Service Packets to the USMS in Lexington, Kentucky and note the date of delivery on the docket. 11. The USMS shall serve the United States of America by sending a Service Packet by certified or registered mail to the Civil Process Clerk at the Office of the United States Attorney for the Eastern District of Kentucky and to the Office of the Attorney General of the United States in Washington, D.C. 12. The USMS shall serve the Federal Bureau of Prisons by sending a Service Packet by certified or registered mail to: (A) the Civil Process Clerk at the Office of the United States Attorney for the Eastern District of Kentucky; (B) the Office of the Attorney General of the United States in Washington, D.C.; and (C) the Central Office of the Federal Bureau of Prisons in Washington, D.C. 13. The USMS shall personally serve defendants R.N. Aimee Phillips, P.A. Christopher Davis, D.O. Jude Onuoha, HSA Jones, and Clinical Director Rios at USP McCreary in Pine Knot, Kentucky through arrangement with the Federal Bureau of Prisons. 14. Curtis must immediately advise the Clerk's Office of any change in his current mailing address. Failure to do so may result in dismissal of this case. 15. If Curtis wishes to seek relief from the Court, he must do so by filing a formal motion sent to the Clerk's Office. Every motion Curtis files must include a written certification that he has mailed a copy of it to the defendants or their counsel and state the date of mailing. The Court will disregard letters sent to the judge's chambers or motions lacking a certificate of service. Motions terminated: 9 MOTION for Leave to Proceed in forma pauperis by Melvin Curtis filed by Melvin Curtis. Party USA added. Parties Michael Weaver (Health Services Administrator), Eddie Anderson and Rebecca Grove (Assistant Health Service Administrator) terminated. Signed by Judge Danny C. Reeves on 2/7/2017. (RBB) cc: COR, paper copy to Melvin Curtis via US Mail. Signed by Judge Danny C. Reeves on 2/7/2017.