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15-527 - NICHOLS v. BURNS et al


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15-527 - NICHOLS v. BURNS et al
December 7, 2015
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MEMORANDUM OPINION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 12/4/2015. 12/7/2015 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED.(lbs, )
December 7, 2015
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ORDER AS FOLLOWS: 1. DEFENDANTS' MOTION TO DISMISS, ECF NOS. 21 AND 38, ARE GRANTED. a. PLAINTIFF'S RETALIATION CLAIM IS DISMISSED WITH PREJUDICE. b. PLAINTIFF'S DELIBERATE INDIFFERENCE CLAIM IS DISMISSED WITHOUT PREJUDICE. c. PLAINTIFF'S CLAIMS AGAINST DEFENDANT BYRNE ARE DISMISSED WITHOUT PREJUDICE. d. PLAINTIFF'S CLAIMS AGAINST DEFENDANT CLARK ARE DISMISSED WITHOUT PREJUDICE. 2. PLAINTIFF IS PERMITTED LEAVE TO AMEND HIS AMENDED COMPLAINT WITH RESPECT TO HIS DELIBERATE INDIFFERENCE CLAIM IN ACCORDANCE WITH THE ACCOMPANYING MEMORANDUM OPINION. IF PLAINTIFF CHOOSES TO FILE A SECOND AMENDED COMPLAINT, HE MUST FILE THE SECOND AMENDED COMPLAINT NO LATER THAN JANUARY 4, 2016. 3. PLAINTIFF'S MOTION FOR LEAVE TO AMEND, ECF NO. 30, IS DENIED AS MOOT. 4. PLAINTIFF'S MOTIONS TO COMPEL DISCOVERY, ECF NOS. 23, 32, 39, 40, AND 41 ARE DENIED WITHOUT PREJUDICE. 5. PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL, ECF NO. 31, IS DENIED WITHOUT PREJUDICE, ETC. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 12/4/2015. 12/7/2015 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED.(lbs, )
September 14, 2016
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SEPH F. LEESON, JR ON 9/14/16. 9/14/16 ENTERED AND COPIES MAILED TO PRO SE', U.S. MARSHAL AND E-MAILED.(ky, )MEMORANDUM/OPINION THAT DEFENDANTS' MOTION TO DISMISS, ECF NO. 48 IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF'S MOTION TO APPOINT COUNSEL, ECF NO. 54 IS DENIED WITHOUT PREJUDICE. NICHOLS IS GRANTED ADDITIONAL TIME TO EFFECTUATE SERVICE ON SERGEANT CLARK. THE COURT WILL DIRECT THE CLERK'S OFFICE TO ISSUE A SUMMONS TO THE U.S. MARSHALS SERVICE FOR SERGEANT CLARK AND WILL DIRECT THE U.S. MARSHALS SERVICE TO FURNISH NICHOLS WITH A BLANK USM-285 FORM, ETC.SIGNED BY HONORABLE JO
September 14, 2016
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-285 FORM. PLAINTIFF'S MOTION TO APPOINT COUNSEL, ECF NO. 54, IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/13/16. 9/14/16 ENTERED AND COPIES MAILED TO PRO SE', U.S. MARSHAL, AND E-MAILED.(ky, )OPINION/ORDER THAT DEFENDANTS' MOTION TO DISMISS, ECF NO. 48 IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF IS PERMITTED LEAVE TO AMEND HIS SECOND AMENDED COMPLAINT, AND MAY FILE A THIRD AMENDED COMPLAINT NO LATER THAN OCTOBER 7, 2016. PLAINTIFF IS PERMITTED ADDITIONAL TIME IN WHICH TO SERVE DEFENDANT SERGEANT CLARK. THE CLERK OF COURT SHALL ISSUE A DUPLICATE SUMMONS TO THE U.S. MARSHALS SERVICE FOR DEFENDANT CLARK. THE U.S. MARSHALS SERVICE SHALL FURNISH PLAINTIFF WITH A BLANK U.S.M.