House v. Fackler et al

Kentucky Western District Court
Case #: 3:09-cv-00935
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:Dec 01, 2009
Terminated:May 12, 2011
Defendant
Cindy Rountree
Defendant
Danny Fackler
Defendant
Desi Brooks
Defendant
Donna Bullock
Defendant
Josh Bratcher
Defendant
LaDonna Thompson
Defendant
Martha Knox
Defendant
Phil Roth
Defendant
Rodney Ballard
Defendant
Ronnie Burks
Defendant
Rosie Smith
Defendant
Southern Health Partners, Inc.
Defendant
Steve Beshear
Plaintiff
James E. House

GPO Feb 19 2010
MEMORANDUM AND OPINION by Judge John G. Heyburn, II on 2/18/2010; for the reasons set forth, the Court will allow part of Plaintiff's claims to proceed for further development and dismiss the remaining claims. The Court will enter a separate Scheduling Order governing the development of the claims which will be permitted to proceed and will enter a separate Order dismissing all other claims.cc:Plaintiff, pro se, Defendants, Bullitt County Attorney (SC)
GPO Feb 19 2010
ORDER by Judge John G. Heyburn, II on 2/18/2010; for the reasons set forth in 29 Memorandum & Opinion, Plaintiff's official-capacity claims against Steve Beshear,LaDonna Thompson, Rodney Ballard, and Desi Brooks are DISMISSED. IT IS FURTHER ORDERED that Plaintiff's Individual-Capacity Claims against Ballard and Brooks, and all claims against Martha Knox and Southern Health Partners, and claim for injunctive relief are DISMISSED. The Clerk is DIRECTED to terminate Defendants,Desi Brooks, Martha Knox, Southern Health Partners, Inc., LaDonna Thompson, Rodney Ballard and Steve Beshear. IT IS FURTHER ORDERED that Plaintiff's official-capacity claim against Defendant Fackler are DISMISSED.cc:Plaintiff, pro se, Defendants, Bullitt County Attorney (SC)
GPO Feb 19 2010
MEMORANDUM OPINION AND ORDER d by Judge John G. Heyburn, II on 2/18/2010; DENYING 25 Motion For Transfer; DENYING 26 Motion For Transfer. The Clerk of Court is DIRECTED to serve Plaintiff at his alternative address he previously provided to the Court, P.O. Box 3392, Clarksville, IN 47131.. cc:Plaintiff, pro se, Defendants, Bullitt County Attorney (SC). VACATED per 38.
GPO Mar 09 2010
fendants; Bullitt County Attorney (AEP)MEMORANDUM OPINION AND ORDER signed by Judge John G. Heyburn, II on 3/8/2010. For the reasons set forth, 31 Memorandum Opinion and Order denying the motions for transfer is VACATED. The Clerk is DIRECTED to send Defendant Fackler a copy of 25 and 26 motions for transfer, 35 motion for preliminary injunction, and this Order via facsimile at the BCDC and via certified mail, return receipt requested. Defendant Fackler shall have fourteen (14) days from the date of entry of this Order to respond to the motions. The motion for leave to amend the complaint (35) is GRANTED. The Clerk is directed to send Plaintiff a complaint form and affix the case number and "Fourth Amended Complaint" to the caption. cc: Plaintiff, pro se; De
GPO Aug 05 2010
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 8/5/2010; for the reasons set forth, IT IS ORDERED that the Motions (DNs 25, 26, 35,41, 43,48,60,66, 68, and 69) are DENIED as moot. The Clerk of Court is DIRECTED to change Plaintiff's address on the docket sheet to the Louisville Metro Department of Corrections, 400 S. 6th Street, Louisville, KY 40202. Plaintiff is WARNED that any future failure to change his address in a timely fashion will result in dismissal of this action. IT IS FURTHER ORDERED that the motion (DN 46) is DENIED. Plaintiff is WARNED that any motion filed by a person other than himself or an attorney will be denied.cc:Plaintiff, pro se, Counsel (SC)
GPO Nov 04 2010
tates Marshal serve the Defendants Smith and Bullock in accordance with Rule 4 of the Federal Rules of Civil Procedure. cc:Plaintiff, pro se, Counsel, United States Marshals Service (SC)MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 11/3/2010; DENYING 59 Motion to Dismiss. IT IS FURTHER ORDERED that Defendants Smith and Bullock shall have 30 days to submit a notice of waiver of service. If they elect not to waive service, Defendants Smith and Bullock must provide the Court with their home addresses within 30 days under seal and will be used only to effect service. If addresses are provided, the Clerk of Court is DIRECTED to issue summons and have the United S
GPO Nov 04 2010
[Form 1983 Enclosed] (SC)MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 11/3/2010; IT IS ORDERED that Plaintiff's claims re 51 Amended Complaint, against Col. Martha Knox, Phil Roth, Cindy Rountree, Josh Bratcher and Capt. Ronnie Burks are DISMISSED for failure to state a claim upon which relief may be granted. The Clerk of Court is DIRECTED to terminate them from this action. The Clerk is further DIRECTED to change the entry at DN 51 to "Fifth Amended Complaint." The Clerk of Court is also DIRECTED to send Plaintiff a 42:1983 complaint form with the case number and "Sixth Amended Complaint" affixed to the caption. The deadline for filing any and all amendments to the complaint is December 6, 2010. No further motions to amend will be considered after that date. IT IS FURTHER ORDERED that Motions 72 and 73 are DENIED. If Plaintiff wishes to re-open the time for conducting pretrial discovery, he must file a motion seeking to do so.cc:Plaintiff, pro se, Counsel
GPO Mar 10 2011
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 3/9/2011; for the reasons set forth above, IT IS ORDERED that the Motion for Summary Judgment by Bullock and Smith 74 is GRANTED. IT IS FURTHER ORDERED that the Motion to Stay Pretrial Deadlines by Bullock and Smith is DENIED as moot. The Clerk of Court is directed to terminate Bullock and Smith as parties to the action since no claims remain against them.cc:Plaintiff, pro se, Counsel (SC)
GPO May 12 2011
MEMORANDUM OPINION signed by Judge John G. Heyburn, II on 5/12/2011 re 82 MOTION for Summary Judgment. The Court will enter an order consistent with this Memorandum Opinion. cc: Counsel, Plaintiff (AEP)


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