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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llIil>.AO 440 (Rev. 8/01) Summons in a Civil Action UNITED STATES DISTRICT COURT District of Eastern Kentucky - Southern Division - Pikeville Michael R. King SUMMONS IN A CIVIL CASE v. Hector A. Rios, Jr., and Shari Slone CASE NUMBER: 7:08-cv-134-KKC TO: (Name and address of Defendant) Shari Slone U.S.P. - Big Sandy P.O. Box 2067 Inez, KY 41224 YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF'S ATTORNEY (name and address) Michael R. King # 13471-064 U.S. Penitentiary P.O. Box 1000 Lewisburg, PA 17837 an answer to the complaint which is served on you with this summons, within 60 days after service ofthis summons on you, exclusive ofthe day of service. Ifyou fail to do so.judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service. J ¢ ¢ ~<" September 12, 2008 LESLIE£J.-WHITMER $. (By) DEPUTY c~_:: - - - - : : .., -~, '. _ .. , ,..~ ,- ~ r -' _ ~ - DATE ~AO 440 (Rev 8/01) Summons in a Civil Action RETURN OF SERVICE Service of the Summons and complaint was made by me'!' DATE TITLE NAME OF SERVER (PRiNT) Check one box below to indicate aoprooriate method ofservice D Served personally upon the defendant. Place where served: D Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: D Returned unexecuted: D Other (specify): STATEMENT OF SERVICE FEES ISERVICES TRAVEL ITOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature ofServer Address ofServer (I) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure. ~AO 440 (Rev. 8/01) Summons in a Civil Action UNITED STATES DISTRICT COlJRT Eastern District of Kentucky - Southern Division - Pikeville Michael R. King SUMMONS IN A CIVIL CASE v. Hector A. Rios, Jr., and Shari Slone CASE NUMBER: TO: 7:08-cv-134-KKC (Name and address of Defendant) Hector A. Rios, Jr. U.S.P. - Big Sandy P.O. Box 2067 Inez, KY 41224 YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF'S ATTORNEY (name and address) Michael R. King # 13471-064 U.S. Penitentiary P.O. Box 1000 Lewisburg, PA 17837 an answer to the complaint which is served on you with this summons, within 60 days after service ofthis summons on you, exclusive ofthe day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service. -~ ', ' --- "",. LE:S1JE G. WHITMER '." September 12,2008 DATE ~AO 440 (Rev. 8/01) Summons ina Civil Action RETURN OF SERVICE Serviceof the Summons and complaintwas made by me'" DATE TITLE NAME OFSERVER (PRINT) Check one box below to indicate appropriate method ofservice D Served personally upon the defendant. Place where served: 0 Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: D Returned unexecuted: o Other (specify): STATEMENT OF SERVICE FEES SERVICES I TRAVEL ITOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature ofServer Address ofServer (I) As to who may serve a summons seeRule 4 oftheFederal Rules ofCivil Procedure.

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