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