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08-134 - King v. Rios et al

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08-134 - King v. Rios et al
September 12, 2008
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MEMORANDUM OPINION & ORDER: (1) To extent Plas Motion to Submit Administrative Remedies seeks to add to record, Court CONSTRUES it as a Motion to Amend Complaint to add legal arguments and adm remedy documents attached to 14, and GRANTS Motion 13; in all other respects, Motion is DENIED. (2) Plas Motion for Change of Venie 12 is PASSED at this time. (3) Clerk prepare & issue summons for Hector Rios, Jr. & Shari Slone, official capacities. Clerk prepare as many copies of Complaint 2 as summonses, equal number of 14, this Order and USM 285 Forms. If insufficient info exists, Clerk promptly make Clerk's entry and state reason Clerk cannot fill out summons or USM 285. Clerk prepare 3 packets of documents consisting of (a) summonses issued; (b) copy of complaint; (c) copy of 14 and (d) this Order. Clerk mark packet for service by certified mail, retn rcpt, as follows: USA - EDKY; US Atty Gen; and Director of Federal BOP. (4) After Clerk prepared all documents & three packets, Clerk forward, by cert. mail, to USM in Lex, KY. (5) Clerk enter cert. mail receipt in record. (6) USM shall serve summons, complaint, copy of DE #14, and this Order on each dft by certified, retn rcpt, by personal service, at choice of USM; and serve 3 packets by cert. mail, retn rcpt, or personal serivice, at choice of USM. (7) USM ensure each dft served. If unsuccessful, USM make further attempts necessary to ensure successful service. (8) w/in 40 days, USM make return report whether summons executed or unexecuted. (9) Pla keep Clerk informed of current mailing address. Failure may result in dismissal of case. (10) For further pleadings or documents he wishes to submit, pla shall serve each dft or if appearance entered, upon each attorney, a copy of document. Pla send original to Clerk with certificate stating date copy was mailed to each dft or counsel. If Judge receives document not filed with clerk or has been filed but fails to include certificate, document will be disregarded by Court.(11) Court will disregard correspondence sent directly to judge or magistrate judge. Signed by Judge Karen K. Caldwell. (Attachments: # (1) Certified Mail Receipt, # (2) USM 285 Forms, # (3) Service Packet Labels, # (4) Issued Summonses)(TDA) cc: Michael R. King & US Marshal - (USM packet mailed cert. mail, retn rcpt req, and assembled as ordered.