Browning v. Staff at USP Big Sandy et al, No. 7:2008cv00088 - Document 10 (E.D. Ky. 2008)

Court Description: MEMORANDUM OPINION & ORDER: (1) Browning's Motion for Appointment of Counsel 3 is DENIED. (2) Browning's FTCA claims are DISMISSED without prejudice.(3) Browning's 8th Amend Bivens claims against: (1) L.T. Pennerton; (2) Tim Fazenbak er; (3) Myron L. Batts; (4) Suzanne R. Hastings; and (5) "B." Gourdouze, in official capacities, are DISMISSED WITH PREJUDICE. (4) Clerk shall prepare documents necessary for service of process upon dfts in their individual capacities. (5). For each dft, Clerk prepare necessary number of "Service Packets" consisting of: a. summons form; b. Complaint 7 ; c. Pro Se Declaration 2 ; d. This MOO; and e. USM Form 285. If Clerk unable to complete, Clerk shall set forth reason in a docket entry. (6). For each dft, Clerk shall prepare 3 Service Packets to be provided to the USM Office in Lexington, KY, addressed as follows: a. US Attorney (EDKY); b. US Attorney General in Washington, D.C.; and c. BOP Central office in Washingto n, D.C. (7). Clerk shall send Service Packets for each dft by certified mail to USM Office in Lexington, KY. Clerk enter certified mail receipt into record and note date delivered to USM Office. (8). The USM serve each dft by: a. Send Service Packet for each dft by certified or registered mail to US Attorney (EDKY); b. Send Service Packet for each dft by certified or registered mail to US Attorney General in Washington, D.C.; and c. Personally serving Service Packet upon 3 dfts at USP-Big Sandy through arrangement with the Federal BOP. USM ensure each dft served. If unsuccessful, USM make further attempts necessary to ensure successful service. (9) w/in 40 days, USM make return report whether summons executed or unexecuted. (10) Pla keep C lerk informed of current mailing address. Failure may result in dismissal of case. (11) pla communicate solely through notices or motion filed w/ Clerk. Court will disregard correspondence sent directly to judge chambers. (12) For further pleadings o r 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 no t filed with clerk or has been filed but fails to include certificate, document will be disregarded by Court. Signed by Judge Karen K. Caldwell. (Attachments: # 1 Certified Mail Receipt, # 2 USM 285 Forms, # 3 Issued Summonses)(TDA)cc: James Holman Browning, Jr. & US Marshal - (USM packet mailed cert. mail, retn rcpt req, and assembled as ordered.

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USM-285 is a 5-part form. Fill out the form and print 5 copies. Sign as needed and route as specified below. u.s. Department of Justice PROCESS RECEIPT AND RETURN United States Marshals Service PLAINTIFF COURT CASE NUMBER 7:08-cv-88-KKC JAMES HOLMAN BROWNING, JR. TYPE OF PROCESS DEFENDANT Summons, Cmplt, Declaration, MOO L.T. PENNERTON, ET AL NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT { L. T. Pennerton, (Individual Capacity) USP-Big Sandy ADDRESS (Street or RFD. Apartment No.. City, State and ZIP Code) P. O. Box 2067, Inez, Kentucky 41224 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW 5 Check for service on U.S.A. L 4 Number of parties to be served in this case r-:-mes Holman Browning, Jr. #20868-057 TUCSON-USP P.O. Box 24550 Tucson, AZ 85734 Number of process to be served with this Form 285 x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (!nclude Business and Alternate Addresses. All Telephone Numbers, and Estimated Times Available for Service): Fold Fold USM shall send a service packet for each identified dft by certified or registered mail to Office of Attorney General of the U.S. in Washington, D.C. & personally serving a service packet upon each identified dft at USP-Big Sandy, Inez, Kentucky thru arrangement with Federal Bureau of Prisons. Within 40 days of date of order, USM office shall send service report to Pikeville Clerk's Office which states whether service has been accomplished. Service report shall include (see copy of attached order). Signature of Attorney other Originator requesting service on behalf of: ~ PLAINTIFF D DEFENDANT DATE TELEPHONE NUMBER 606-437-6160 10/8/08 SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE I acknowledge receipt for the total number of process indicated. (Sign only for USM 285 if more than one USM 285 is submitted) Total Process District of Origin District to Serve No. Signature of Authorized USMS Deputy or Clerk Date No. I hereby certify and return that I D have personally served, D have legal evidence of service, D have executed as shown in "Remarks". the process described on the individual, company, corporation, etc., at the address shown above on the on the individual, company, corporation, etc. shown at the address inserted below. D I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below) Name and title of individual served (ifnot shown above) D Address (complete only difJerentthan shown above) Date A person of suitable age and discretion then residing in defendant's usual place of abode Time Dam D pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges including endeavors) Forwarding Fee Total Charges Advance Deposits Amount owed to l S. Marshal' (Amount of Refund") <II REMARKS: PIHN I 5 COI'IES: 1. CLERK OF THE COURT 2. USMS RECORD 3. NOTICE OF SERVICE 4. BILLING STATEMENT": To be returned to the U.S. Marshal with payment, ifany amount is owed. Please remit promptly payable to U.S. Marshal. 5. ACKNOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAYBE USED Form USM-285 Rev. 12/15/80 Automated 0 I/00 USM-285 is a 5-part form. Fill out the form and print 5 copies. Sign as needed and route as specified below. U.S. Department of Justice United States Marshals Service PROCESS RECEIPT AND RETURN PLAINTIFF COURT CASE NUMBER JAMES HOLMAN BROWNING, JR. 7:08-cv-88-KKC DEFENDANT TYPE OF PROCESS L.T. PENNERTON, ET AL Summons, Cmplt, Declaration, MOO NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT { B. Gourdouze, (Individual Capacity) USP-Big Sandy ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code) P. O. Box 2067, Inez, Kentucky 41224 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW Number of parties to be served in this case #20868-057 TUCSON-USP P.O. Box 24550 Tucson, AZ 85734 L 4 5 Check for service on U.S.A. ~mes Holman Browning, Jr. Number of process to be served with this Form 285 x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses. All Telephone Numbers, and Estimated Times Available for Sen-ice): Fold Fold USM shall send a service packet for each identified dft by certified or registered mail to Office of Attorney General of the U.S. in Washington, D.C. & personally serving a service packet upon each identified dft at USP-Big Sandy, Inez, Kentucky thru arrangement with Federal Bureau of Prisons. Within 40 days of date of order, USM office shall send service report to Pikeville Clerk's Office which states whether service has been accomplished. Service report shall include (see copy of attached order). Signature of Attorney other Originator requesting service on behalf of: IKI PLAINTIFF o DEFENDANT TELEPHONE NUMBER DATE 606-437-6160 10/8/08 SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE I acknowledge receipt for the total number of process indicated. (Sign only for USM 285 ifmore than one USM 285 is submitted) District of Origin District to Serve No. Total Process Signature of Authorized USMS Deputy or Clerk Date No. I hereby certify and return that 10 have personally served ,0 have legal evidence of service, 0 have executed as shown in "Remarks", the process described on the individual, company, corporation, etc., at the address shown above on the on the individual, company, corporation, etc. shown at the address inserted below. o I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below) Name and title of individual served (ifnot shown above) 0 Address (complete only different than shown above) Date A person of suitable age and discretion then residing in defendant's usual place of abode Time o am o pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges including endeavors) Forwarding Fee Total Charges Advance Deposits A mount owed 10 L S Marshal" (Amount ofRc tund") ,ll REMARKS: PIUNT 5 COPIES: 1. CLERK OF THE COURT 2. USMS RECORD 3. NOTICE OF SERVICE 4. BILLING STATEMENT": To be returned to the U.S. Marshal with payment, ifany amount is owed. Please remit promptly payable to U.S. Marshal. 5. ACKNOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAYBE USED Form USM-285 Rev. 12115/80 Automated 01/00 USM-285 is a 5-part form. Fill out the form and print 5 copies. Sign as needed and route as specified below. U.S. Department of Justice United States Marshals Service PLAINTIFF PROCESS RECEIPT AND RETURN COURT CASE NUMBER 7:08-cv-88-KKC JAMES HOLMAN BROWNING, JR. TYPE OF PROCESS DEFENDANT Summons, Cmplt, Declaration, MOO L.T. PENNERTON, ET AL NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT { Myron L. Batts, (Individual Capacity) USP-Big Sandy ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code) P. O. Box 2067, Inez, Kentucky 41224 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW L 5 Check for service on U.SA TUCSON-USP P.O. Box 24550 Tucson,~ 85734 4 Nurnber of parties to be served in this case ~mes Holman Browning, Jr. #20868-057 Number of process to be served with this Form 285 x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Allemale Addresses. All Telephone Numbers, and Estimated Times Available for Service): ~d ~d USM shall send a service packet for each identified dft by certified or registered mail to Office of Attorney General of the U.S. in Washington, D.C. & personally serving a service packet upon each identified dft at USP-Big Sandy, Inez, Kentucky thru arrangement with Federal Bureau of Prisons. Within 40 days of date of order, USM office shall send service report to Pikeville Clerk's Office which states whether service has been accomplished. Service report shall include (see copy of attached order). Signature of Attorney other Originator requesting service on behalf of: 1&1 PLAINTIFF o DEFENDANT TELEPHONE NUMBER DATE 10/8/08 606-437-6160 SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE I acknowledge receipt for the lotal number of process indicated. (Sign only for USM 285 ifmore than one USM 285 is submitted) District of Origin District to Serve No. Total Process Date Signature of Authorized USMS Deputy or Clerk No. I hereby certify and return that I 0 have personally served, 0 have legal evidence of service, 0 have executed as shown in "Remarks", the process described on the individual, company, corporation, etc., at the address shown above on the on the individual, company, corporation, etc. shown at the address inserted below. o I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below) Name and title of individual served (if not shown above) 0 Address (complete only different than shown above) Date A person of suitable age and discretion then residing in defendant's usual place of abode Time Dam o pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges including endeavors) Forwarding Fee Total Charges Advance Deposits Amount owed [0 , : S Marsha!" (Amount 01" ReI'lInd') (\1 REMARKS: PIUN I 5 ( OI'IES: 1. CLERK OF THE COURT 2. USMS RECORD 3. NOTICE OF SERVICE 4. BILLING STATEMENT": To be returned to the U.S. Marshal with payment, ifany amount is owed. Please remit promptly payable to U.S. Marshal. 5. ACKNOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAY BE USED Form USM-285 Rev. 12/15/80 Automated 01/00 USM-285 is a 5-part form. Fill out the form and print 5 copies. Sign as needed and route as specified below. U.S. Department of Justice United States Marshals Service PROCESS RECEIPT AND RETURN COURT CASE NUMBER PLAINTIFF 7:08-cv-88-KKC JAMES HOLMAN BROWNING, JR. TYPE OF PROCESS DEFENDANT Summons, Cmplt, Declaration, MOO L.T. PENNERTON, ET AL NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT { Suzanne R. Hastings, (Individual Capacity) USP-Big Sandy ADDRESS (Street or RFD. Apartment No.. City. State and ZIP Code) P. O. Box 2067, Inez, Kentucky 41224 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW Nurnber of process to be served with this Form 285 Nurnber of parties to be served in this case L 5 Check for service on U.S.A. r-:-mes Holman Browning, Jr. #20868-057 TUCSON-USP P.O. Box 24550 Tucson, AZ 85734 4 x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses. A II Telephone Numbers, and Estimated Times A vailable for Service): Fold Fold USM shall send a service packet for each identified dft by certified or registered mail to Office of Attorney General of the U.S. in Washington, D.C. & personally serving a service packet upon each identified dft at USP-Big Sandy, Inez, Kentucky thru arrangement with Federal Bureau of Prisons. Within 40 days of date of order, USM office shall send service report to Pikeville Clerk's Office which states whether service has been accomplished. Service report shall include (see copy of attached order). Signature of Attorney other Originator requesting service on behalf of: 1&1 PLAINTIFF o DEFENDANT DATE TELEPHONE NUMBER 606-437-6160 10/8/08 SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE I acknowledge receipt for the total number of process indicated. (Sign only for USM 285 ifmore than one USM 285 is submitted) Total Process District of Origin District to Serve No. Date No. 10 Signature of Authorized USMS Deputy or Clerk 0 I hereby certify and return that have personally served,O have legal evidence of service, have executed as shown in "Remarks", the process described on the individual, company, corporation, etc., at the address shown above on the on the individual, company, corporation, etc. shown at the address inserted below. o I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below) Name and title of individual served (if not shown above) 0 Address (complete only different than shown above) Date A person of suitable age and discretion then residing in defendant's usual place of abode Time o am o pm Signature of U.S. Marshal or Deputy - Service Fee Total Mileage Charges including endeavors) Forwarding Fee Total Charges Advance Deposits Amount owed to L S MUI,h<lI' ," (Amount ofRefund") REMARKS: .. IUN I 5 COI'IES: 1. CLERK OF THE COURT 2. USMS RECORD 3. NOTICE OF SERVICE 4. BILLING STATEMENT": To be returned to the U.S. Marshal with payment, if any amount is owed. Please remit promptly payable to U.S. Marshal. 5. ACKNOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAY BE USED Form USM-285 Rev. 12115/80 Automated 0 I100 USM-285 is a 5-part form. Fill out the form and print 5 copies. Sign as needed and route as specified below. u.s. Department of Justice PROCESS RECEIPT AND RETURN United States Marshals Service COURT CASE NUMBER PLAINTIFF 7:08-cv-88-KKC JAMES HOLMAN BROWNING, JR. TYPE OF PROCESS DEFENDANT Summons, Cmplt, Declaration, MOO L.T. PENNERTON, ET AL NAM E OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT { Tim Fazenbaker, (Individual Capacity) USP-Big Sandy ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code) P. O. Box 2067, Inez, Kentucky 41224 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW Number of parties to be served in this case #20868-057 TUCSON-USP P.O. Box 24550 Tucson, AZ 85734 L 4 5 Check for service on U.S.A. ~mes Holman Browning, Jr. Number of process to be served with this Form 285 x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses. All Telephone Numbers, and Estimated Times Available for Service).' ~d ~d USM shall send a service packet for each identified dft by certified or registered mail to Office of Attorney General of the U.S. in Washington, D.C. & personally serving a service packet upon each identified dft at USP-Big Sandy, Inez, Kentucky thru arrangement with Federal Bureau of Prisons. Within 40 days of date of order, USM office shall send service report to Pikeville Clerk's Office which states whether service has been accomplished. Service report shall include (see copy of attached order). Signature of Attorney other Originator requesting service on behalf of: 1&1 PLAINTIFF o DEFENDANT TELEPHONE NUMBER DATE 606-437-6160 10/8/08 SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE I acknowledge receipt for the total number of process indicated. (Sign only for USM 285 ifmore than one USM 285 is submitted) Total Process District of Origin District to Serve No. No. 10 Signature of Authorized USMS Deputy or Clerk Date 0 have personally served,O have legal evidence of service, have executed as shown in "Remarks", the process described I hereby certify and return that on the individual, company, corporation, etc., at the address shown above on the on the individual, company, corporation, etc. shown at the address inserted below. o I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below) Name and title of individual served (ifnot shown above) 0 Address (complete only different than shown above) Date A person of suitable age and discretion then residing in defendant's usual place of abode Time o am o pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges including endeavors) Forwarding Fee Total Charges Advance Deposits Amount owed to U S Marshal" (Arnount of Refund') lH REMARKS I'HI:\ I 5 ( OI'IES: 1. CLERK OF THE COURT 2. USMS RECORD 3. NOTICE OF SERVICE 4. BILLING STATEMENT": To be returned to the U.S. Marshal with payment, ifany amount is owed. Please remit promptly payable to U.S. Marshal. 5. ACKNOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAY BE USED Form USM-285 Rev. 12/15/80 Automated 0 1/00

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