King v. Rios et al, No. 7:2008cv00134 - Document 15 (E.D. Ky. 2008)
Court Description: MEMORANDUM OPINION & ORDER: (1) To extent Plas Motion to Submit Administrative Remedies seeks to add to record, Court CONSTRUES it as a Motion to Amend Complaint to add legal arguments and adm remedy documents attached to 14 , and GRANTS Motion 13 ; in all other respects, Motion is DENIED. (2) Plas Motion for Change of Venie 12 is PASSED at this time. (3) Clerk prepare & issue summons for Hector Rios, Jr. & Shari Slone, official capacities. Clerk prepare as many copies of Complaint 2 as su mmonses, equal number of 14 , this Order and USM 285 Forms. If insufficient info exists, Clerk promptly make Clerk's entry and state reason Clerk cannot fill out summons or USM 285. Clerk prepare 3 packets of documents consisting of (a) summons es issued; (b) copy of complaint; (c) copy of 14 and (d) this Order. Clerk mark packet for service by certified mail, retn rcpt, as follows: USA - EDKY; US Atty Gen; and Director of Federal BOP. (4) After Clerk prepared all documents & three packet s, Clerk forward, by cert. mail, to USM in Lex, KY. (5) Clerk enter cert. mail receipt in record. (6) USM shall serve summons, complaint, copy of DE #14, and this Order on each dft by certified, retn rcpt, by personal service, at choice of USM; and s erve 3 packets by cert. mail, retn rcpt, or personal serivice, at choice of USM. (7) 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 summo ns executed or unexecuted. (9) Pla keep Clerk informed of current mailing address. Failure may result in dismissal of case. (10) For further pleadings or documents he wishes to submit, pla shall serve each dft or if appearance entered, upon each atto rney, 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 disregarde d by Court.(11) Court will disregard correspondence sent directly to judge or magistrate judge. Signed by Judge Karen K. Caldwell. (Attachments: # 1 Certified Mail Receipt, # 2 USM 285 Forms, # 3 Service Packet Labels, # 4 Issued Summonses)(TDA) cc: Michael R. King & 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 United States Marshals Service PROCESS RECEIPT AND RETURN I COURT CASE NUMBER 7:08-cv-134-KKC PLAINTIFF Michael R. King #13471-064 DEFENDANT TYPE OF PROCESS Hector A. Rios, Jr., and Shari Slone Summons, Cmplt, DE #14 and Order I N AM E OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT { Hector A. Rios, Jr., Official Capacity ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code) U.S.P. Big Sandy, P.O. Box 2067, Inez, KY 41224 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW Number of process to be served with this Form 285 Number of parties to be served in this case U.S. Penitentiary P.O. Box 1000 Lewisburg, PA 17837 L 5 Check for service on U.S.A. ~chael R. King #13471-064 4 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): Fold Fold SERVICE TO BE MADE PURSUANT TO ATTACHED ORDER Signature of Attorney other Originator requesting service on behalf of: IKI PLAINTIFF o DEFENDANT TELEPHONE NUMBER DATE 606-437-6160 9/12/2008 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 No. 0 0 Signature of Authorized USMS Deputy or Clerk Date 0 have personally served, have legal evidence of service, have executed as shown in "Remarks", the process described I hereby certify and return that I 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 pm o Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges including endeavors) Forwarding Fee Total Charges Advance Deposits Amount OI,.\ct1 to U,S. Marshal:' (Amount or Refund") 1.11 REMARKS: PIU'Ii I 5 COPIES; I. 2. 3. 4. CLERK OF THE COURT USMS RECORD NOTICE OF SERVICE 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 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-134-KKC Michael R. King #13471-064 DEFENDANT TYPE OF PROCESS Hector A. Rios, Jr. and Shari Slone Summons, Cmplt, DE #14 and Order NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT { Shari Slone, Official Capacity ADDRESS (Street or RFD. Apartment No., City. State and ZIP Code) U.S.P. Big Sandy, P.O. Box 2067, Inez, KY 41224 SEND NOTICE OF SERVICE COpy TO REQUESTER AT NAME AND ADDRESS BELOW Number of process to be served with this Form 285 Number of parties to be served in this case L 5 Check for service on U.S.A. r-:chael R. King #13471-064 U.S. Penitentiary P.O. Box 1000 Lewisburg, PAl 7837 4 x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (!nclude Business and Alternate Addrtsses. All Telephone Numbers, and Estimated Times Available/or Service): Fold Fold SERVICE TO BE MADE PURSUANT TO ATTACHED ORDER Signature of Attorney other Originator requesting service on behalf of: 1&1 PLAINTIFF o DEFENDANT TELEPHONE NUMBER DATE 606-437-6160 9/12/2008 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. No. 0 ,0 Signature of Authorized USMS Deputy or Clerk Date 0 have personally served have legal evidence of service, have executed as shown in "Remarks", the process described I hereby certify and return that I 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 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 to US Marxhal" ,,: (Amount orR.'lund") REMARKS: PIU,\ I 5 ( OI'ILS: J. 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 MAYBE USED Form USM-285 Rev. 12/15/80 Automated 01/00
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