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.