Sandon v. Bureau of Prisons et al, No. 7:2008cv00188 - Document 6 (E.D. Ky. 2008)
Court Description: MEMORANDUM OPINION & ORDER: 1. Pla's claims against BOP are DISMISSED WITH PREJUDICE; 2. Plas official-capacity Bivins claims against (1) Newton Kendig, (2) Jeff Allen, (3) Mike nelson and (4) C.L. Polland are DISMISSED WITH PREJUDICE; 3. Pla 's motion for prelim injunctive relief 4 is DENIED WITHOUT PREJUDICE; 4. As for Bivins individual-capacity claims, Pikeville Clerk's Office shall prepare documents necessary for service of process for Newton Kendig, Jeff Alen, Mike Nelson , C.L. Polland; 5. For each dft, the Clerk shall prepare the necessary number of "Service Packets" consisting of (a) completed summons form; (b) Complaint 2 ; (c) Motion for Preliminary Injunction 4 ; (d) This Memorandum Opinion & Order; (e) Completed USM Form 285; 6. Clerk prepare 3 Service packets to provided to the USM in Lexington, KY to US Attorney and Attorney General of the US in Washington; 7. Pikeville Clerk shall send required Service Packets for each dft by certified ma il to USM in Lexington, Ky; Clerk enter certified mail receipt into record and note in the docket the date the Service Packet was delivered to the USM; 8. USM shall serve each dft by following items (a) through (c); 9. W/in 40 days, USM shall send a Service Report to Pikeville Clerk's Office to be filed stating whether service has been accomplished with respect to each dft (see items a & b); 10. pla shall immediately advise Pikeville Clerk's Office of any change in his current maili ng address; Failure to do so may result in dismissal of case; 11. Pla must communicate with the Court solely through notices or motions filed with the Pikeville Clerk's Office. The Court will disregard correspondence sent directly to the judge's chambers; 12. For every further pleading or doucment he wishes to submit to the Court, the pla shall serve upon each dft or attorney a copy of the pleading or other document. Pla shall send the original papers to be filed with the Clerk of the Court with a certificate stating the date a true & correct copy of document was mailed to each dft or counsel. If a District Judge or Magistrate Judge receive any doucment which has not been filed with the Clerk, or which has be en filed but fails to include the certificate of service of copies, the document will be disregarded by the Court. Signed by Judge Amul R. Thapar on 10/1/2008. (Attachments: # 1 Summons Issued, # 2 USM 285 Forms, # 3 Certified Mail Reciept to USM)(MJY)cc: COR, Mark L. Sandon via US Mail, USM via Certified Mail for service on dfts
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U.S. Department of Justice United States Marshals Service PROCESS RECEIPT AND RETURN COURT CASE NUMBER PLAINTIFF 7:8-~-188-ART Mark Louis Sandon DEFENDANT TYPE OF PROCESS Bureau of Prisons, et al. Summons and Complaint & OrdeI fl NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT f United States Attorney ADDRESS (Sheet or RFD, Apartment No., Ciw, State and ZIP Code) SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW ' 7 Mark Louis Sandon 46889-008 FCI Pekin Number of process to he served with this Form 285 Number of parties to be sewed in this case on U.S.A. 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 __ Signature of Attorney other Originator requesting service on behalf of la PLAINTIFF DEFENDANT TELEPHONE NUMBER 606-437-6160 SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE (Sign only for USM285 rfmore than one USM285 IS submitted Name and title of individual served (iinot shown above) A person of suitable age and discretion then residing in defendant's usual place of abode Address (complete only dferent than shown above) Time ~ Service Fee Total Mileage Charges Forwarding Fee including endeavors) Total Charges Advance Deposits om 0 Pm Date i2rnoimi o w d to U.S. Marslial* or (nmt:imt ol'Kufkd*) REMARKS: 1 CLLKK 0 1 H COL K1 1 I 2 C'SMSUCOKU 3 NOTICE OF SERVICE 4 BILLWG STATEMENT* To be returned to the U S Marshal mth payment, if any amount IS owed Please rermt promptly payable to U S Marshal 5 ACKNOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAY BE USED Form USM-285 Rev. 12/15/80 Automated 01/00 US.Department of Justice PROCESS RECEIPT AND RETURN United States Marshals Service COURT CASE NUMBER PLAINTIFF ~:O~-CV188-ART Mark Louis Sandon DEFENDANT TYPE OF PROCESS Bureau of Prisons, et al. Summons and Complaint and Order ' Mark Louis Sandon - 46889-008 F.C.I. Pekin P.O. Box 5000 Number of parties to be served in this case Check for service on U S A . SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST mT EXPEDITmrG SERVICE (Include Business und Alternute Addresses, AN Telephone Numbers, and Estimated Times Avaihbk for Service): Fold - Fold __ PER ATTACHED ORDER, THE US MARSHAL SHALL SERVE SUMMONS, COMPLAINT AND ORDER UPON (1) US ATTORNEY EDKY AND US ATTORNEY GENERAL SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE 1acknowledge receipt for the total number of process indicated. (Sign onlyfor USM285 ifmore than one USM285 zs submitted) Total Process District of Origin No.-.-.-. District to Serve Signature of Authorized USMS Deputy or Clerk Date No.- I hereby certify and rehlm 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) A person of suitable age and discretion then residing in defendant's usual place of abode Address (complete only dffkrenr than shown above) Service Fee Total Mileage Charges Forwarding Fee including endeavors) Total Charges Advance Deposits hmi>irniowcd f o I:.S. Madral" or (Amoxil oCKcfund*) REMARKS: 1. 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 US.Marshal. 5. ACKNOWLEDGMENT OF RECEIPT PRIOR EDlTIONS MAY BE USED Form USM-285 Rev. 12/15/80 Automated 01/00 COURT CASE NUMBER PLAINTIFF 7:8-cv- 188-ART Mark Louis Sandon DEFENDANT TYPE OF PROCESS Bureau of Prisons, et al. Summons and Complaint & Order SERVE AT { NAME OF INDIVIDUAL., COMPANY, CORPORATION ETC TO SERVE OR DESCRPTION OF PROPERTY TO SEIZE OR CONDEMN NEWTON KENDIG - Bureau of Prisons Central Office ADDRESS (Street or RFD, Apartment No.,Czty, State and ZIP Code) 320 First Street NW; Washington, D.C. 20534 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW ' r-Mark Louis Sandon 46889-008 FCI Pekin Kumber of process to be served with this Form 285 Number of parties to be served in this case Check for service on U.S.A. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITIXG SERVICE (Include Business and Alternate Addresses, AN TelephoneNumbers, and Estimated Times Availnble for Service): Fold - Fold - Signature of Attorney other Onginator requesting service on behalf of PLAINTIFF c DEFENDANT ] TELEPHONE NUMBER 606-437-6160 12/6/04 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 onlyfor USM285 ifmore than one USM285 is submitted) I Signature of Authorized USMS Deputy or Clerk Name and title of individual served (ifnof shown above) Address (complete only diffeerent than shown above) Date A person of suitable age and discretion then residing in defendant's usual place of abode ~ : : Date ~ Time ~ Signature of US. Marshal or Deputy -- includ~ng endeavors) . (;lm~irnr 01 K,fmd') REMARKS: 1 CLERK OF THE COURT 2 USMS RECORD 3 NOTICE OF SERVICE 4 BILLING STATEMENT* To be returned to the U S Marshal mth payment, if any 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 01/00 U.S. Department of Justice United States Marshals Service PROCESS RECEIPT AND RETURN COURT CASE NUMBER PLAINTIFF 7:8-cv- 188-ART Mark Louis Sandon DEFEXDANT TYPE OF PROCESS Bureau of Prisons, et al. Summons and Complaint & Order [NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN JEFF ALLEN - Bureau of Prisons Central Office ADDRESS (Street or RFD,Apartment No., City, State and ZIP Code) \320 First Street Nw, Washington, D.C. 20534 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW Number of process to be ................................................................................................. served with this Form 285 ' rMark Louis Sandon 46889-008 FCI Pekin Number of parties to be served in this case L Check for service on U.S.A. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and AlIernuIe Addresses, AN TelephoneNumbers, and Esfimuted Times Availablefor Service): Fold __ Fold - Signature of Attorney o th a Ongmator requestmg sewice on behalf of. PLAINTIFF TELEPHONE " B E R [3 DEFENDANT 606-437-6160 DATE 12/6/04 SPACE BELOW FOR USE OF US. 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 USM285 i submittedj s /,I,, District to serve !No.___ No.- Total Process Distnct of Signature of Authorized USMS Deputy or Clerk Date 3 Name and title of individual sewed (ifnor shown above) A person of suitable age and discretion then residing in defendant's usual place of abode Address (complete only different than shown above) Date I Time j Service Fee Total Mileage Charges Forwarding Fee includmg endeavors) Total Charges Advance Deposits 0am Ammu: owed ti) L.S. Marshid* or (;zmounr oCRcfund") I i REMARKS: 1. CLERK OF THE COURT 2 USMS RECORD ~ PRIOR EDITIONS MAY BE USED ~~~~~~~~~~~ 3. NOTICE OF SERVICE 4. BILLING STATEMENT*: To be returned to the US. Marshal with payment, if any amount is owed. Please remit promptly payable to U.S. Marshal. 5. ACKNOWLEDGMENT OF RECEIPT Form USM-285 Rev. 12/15/80 Automated 01/00 PROCESS RECEIPT AND RETURN U.S. Department of Justice United States Marshals Service COURT CASE NUMBER PLAINTIFF 7:8-~~-188-ART Mark Louis Sandon DEFENDANT Summons and Complaint & Order Bureau of Prisons, et al. 1 /NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT MIKE NELSON - Bureau of Prisons Central Office ADDRESS (Sireet or RFD, Apartment No., Civ,Siate and ZIP Code) SEND NOTICE OF SERVICE COPY TO REQUESTER AT h'AME AND ADDRESS BELOW L a r k Louis Sandon 46889-008 Number of process to be served Wth thls Form 285 Number of partles to be served in t h ~ case s Check for service onUSA. X SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDlTING SERVICE (IncludeBusiness and AlfernaieAddresses, All Telephone Numbers, and Esfimuted Times AvaihbIe for Service): Fold - Fold - Signatnre of Attorney other Originator requesting service on behalf of r-? TELEPHON? NUMBER ,n 1hereby cehfy and return that 1 i have personally served r have legal evidence of service, have executed as shown in "Remarks", the process described on the individual, comuany, corwration, etc., at the address shown above on the on the individual , company, corporation, etc. shown at the address inserted below. I hereby certify and return that I am unable to locate the mdwidual, company, corporatioq etc named above (See remarks below) Name and title of individual served (ifnot shown above) Address (compleie only dferent than shown above) A person of suitable age and discretion then residing in defendant's usual place of abode I I Time Dm Date Signature of US.Marshal or Deputy Service Fee including endeavors) REMARKS: 1. CLERK OF THE COURT 2. USMS RECORD 3 NOTICE OF SERVICE 4 BILLING STATEMENT* To be returned to the U S. Marshal wh payment, t if any asnonnt IS owed Please remit promptly payable to U S Marshal 5 ACKKOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAY BE USED Form USM-285 Rev. 12/15/80 Automated 01/00 U.S. Department of Justice United States Marshals Service PROCESS RECEIPT AND RETURN COURT CASE NUMBER PLAlNTIFF 7:S-cv-lSS-ART Mark Louis Sandon DEFENDANT TYPE OF PROCESS Bureau of Prisons, et al. Summons and Complaint & Order fl NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN C.L. POLAND - U. S. P. FLORENCE SERVE AT ADDRESS (street or RFD, Apartment No., City, State and ZIP Code) \P.O. BOX 7500;FLORENCE COLORADO 81226 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW Number of process to he . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . with t h s Form 285 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . served .. ___ I Mark Louis Sandon Number of parties to he served in this case 46889-008 FCI Pekin on U.S.A. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and AIternafeAddresses, All Telephone Numbers, nndEstimuied Times Avnilable for Service): Fold - Fold __ 3 A person of suitable age and discretion Name and title of individual served (iJnot shown above) then residing in defendant'susual place o f ahode I Address (complete only dferent thun shown above) Time Dm a Date Signature of U S . Marshal or Deputy Total Charges Service Fee Advance Deposits including endeavors) REMAFXS: PRIOR EDITIONS MAY BE USED 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 US.Marshal. 5. ACKNOWLEDGMENT OF RECEIPT Form USM-285 Rev. 12/15/XO Automated 01/00
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