Browning v. Staff at USP Big Sandy et al, No. 7:2008cv00088 - Document 15 (E.D. Ky. 2008)

Court Description: MEMORANDUM OPINION & ORDER: (1) Plas Motion for Extension of Time to File Reconsiderations of Official Capacity, Payment Order and Appointment of Counsel 13 is DENIED. (2) Memorandum Opinion & Order entered on 10/8/08 10 is AMENDED to reflect Jam es Holman Browning's official capacity 8th Amendment claims against Mr. Edwards are DISMISSED WITH PREJUDICE. (3) Clerk shall prepare documents necessary for service upon Mr. Edwards, Officer of B-3 Dorm at USP Big Sandy, individual capacity. (4 ) Clerk prepare necessary number of "Service Packets" consisting of: a. summons form; b. Complaint 7 ; c. Pro Se Declaration 2 ; d. MOO 10 ; e. This Order; f. USM Form 285. If Clerk unable to complete, Clerk shall set forth reason in a d ocket entry. (5) For dft Edwards, 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. (6) 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. (7) The USM serve dft Edwards by: a. Send Service Packet for each dft by certified or registered mail to US Attorney (EDKY); b. Send Service Packet for Edwards by certified or registered mail to US Attorney General in Washington, D.C.; and c. Personally serving Service Packet upon Edwards 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. (8) w/in 40 days, USM make return report whether summons executed or unexecuted. (9) Pla keep Cl erk informed of current mailing address. Failure may result in dismissal of case. (10) pla communicate solely through notices or motion filed w/ Clerk. Court will disregard correspondence sent directly to judge chambers. (11) 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. Signed by Judge Karen K. Caldwell. (Attachments: # 1 Issued Summons, # 2 USM 285, # 3 Certified Mail Receipt, # 4 Mailing Labels) (TDA) cc: James Holman Browning, Jr. & US Marshal - (USM packet mailed cert. mail, retn rcpt req, and assembled as ordered.