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.

Download PDF
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. DEFENDANT TYPE OF PROCESS L.T. Pennerton, et al Sum, Cmplt, Declar, MOO #10, MOO NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT { Mr. Edwards, Officer 0[B-3 Dorm at USP-Big Sandy ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code) P.O. Box 2067, Inez, KY 41224 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW L 4 Check for service on U.S.A. USP - Tucson P,O. Box 24550 Tucson, AZ 85734 5 Number of parties to be served in this case ~mes Holman Browning, Jr. #20868-057 Nurnber of process to be served with this Form 285 x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (.lnclude Business and Alternate Addresses, All Telephone Numbers, and Estimated Times Available for Service): ~d ~d SERVICE TO BE MADE PURSUANT TO ATTACHED ORDER Signature of Attorney other Originator requesting service on behalf of: r&l PLAINTIFF o DEFENDANT TELEPHONE NUMBER DATE 10/24/2008 606-437-6160 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) District of Origin District to Serve No. Total Process Signature of Authorized USMS Deputy or Clerk No. Date 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 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 (if not shown above) D 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 D pm Signature of U.S. Marshal or Deputy ---- Service Fee Total Mileage Charges including endeavors) Forwarding Fee Total Charges Advance Deposits . \ mount n\\ co to U S \:Ii1I sil<:J) " (Arnount ot [{"fund"! (I! REMARKS: PHI" I 5 ( OPIES: I. 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 01/00

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.