Demonbreum v. Federal Bureau of Prisons et al, No. 7:2008cv00198 - Document 9 (E.D. Ky. 2009)

Court Description: MEMORANDUM OPINION & ORDER: (1) Plas personal property claims under 28:1346(b) are DISMISSED WITH PREJUDICE. (2) Plas claims under 42:1983 are DISMISSED WITH PREJUDICE. (3) Plas Bivens claims for damages against the BOP are DISMISSED WITH PREJUDICE. (4) Plas official capacity Bivens claims against: (A) Dr. Pablo Cruz; (B) Mrs. Sloan; (C) Mrs. Leable; (D) Mr. H. Sexauer; (E) Mr. R. Adams; (F) John Doe dft; and (G) Suzanne Hastings, are DISMISSED WITH PREJUDICE. (5) Plas First Amendment Bivens cl aims against: (A) Dr. Pablo Cruz; (B) Mrs. Sloan; (C) Mrs. Leable; (D) Mr. H. Sexauer; (E) Mr. R. Adams; (F) John Doe dft; and (G) Suzanne Hastings, are DISMISSED WITH PREJUDICE. (6) As for Bivens individual capacity 8th Amd claims, and negligence cl aims under 28:1346(b), Clerk's Office prepare necessary documents for service upon following Dfts: a. Dr. Pablo Cruz; b. Mrs. Sloan; c. Mrs. Leable; d. Mr. H. Sexauer; e. Mr. R. Adams; f. Suzanne Hastings. (7) Clerk prepare "Service Packets " consisting of following: a. summonses issued; b. complaint 2 ; c. Motion to Amend Complaint 6 ; d. Order 7 ; e. this MOO. f. USM Form 285. If Clerk unable to complete documents above, Clerk set forth reason in docket entry. (8) Clerk prepa re 3 Service Packets to be provided to USM, addressed as follows: a. USA - EDKY; b. US Atty Gen; and c. BOP. (9) Clerk send Service Packets for each dft by certified mail to USM. Clerk enter certified mail receipt in record & note date Service Packet delivered to USM. (10) USM shall serve each identified dfts by: a. sending Service Packet by certified or registered mail to: USA - EDKY; b. sending Service Packet by certified or registered mail toUS Atty Gen; c. Personally serving Service Packet u pon 3 dfts through arrangement with Federal BOP. USM ensure each dft served. If unsuccessful, USM make further attempts necessary to ensure successful service. (11) w/in 40 days, USM send Service Report to Pikeville's Clerk's Office, which Deputy Clerk shall file, which states whether service has been accomplished as to each dft. a. Each Dft be served by certified mail, the Report shall include: 1. copy of green cared; or 2. statement green card was not returned, along with "Track -and-Confirm" showing proof of delivery does not exist. b. Each Dft served personally, Report shall indicated: 1. Dft was successfully served, or 2. statement explaining efforts being taken to locate Dft and accomplish service. (12) Pla keep Cle rk informed of current mailing address. Failure may result in dismissal of case. (13) Pla communicate with Court solely through notices or motions filed with Clerk's Office. Court will disregard correspondence sent directly to judge's chamb ers. (14) Every pleading submitted, Pla must serve each dft, or if appearance entered by counsel, each attorney, a copy of pleading. Pla send original to Clerk w/ certificate of service. If District Judge or Magistrate Judge receives document which h as not been filed with Clerk, or fails to include the certificate of service, document will be disregarded by the Court. (15) Pla advised to extent he refers to "John Doe Defendant, "he must name and serve them w/in 120 days. Otherwise, Cou rt will dismiss these claims pursuant to terms of FRCProcedure 4(m). (16) Court also DISMISSES Plas motion to ascertain status, R. 8 , as moot. Court apologizes for delay in reviewing Plas case. Signed by Judge Amul R. Thapar. (Attachments: # 1 USM 285's, # 2 Mailing Labels, # 3 Issued Summonses, # 4 Certified Mail Receipt)(TDA)cc: Robert W. Demonbreum & 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 PLAINTIFF Robert W. Demonbreum COURT CASE NUMBER 7:08-cv-198-ART DEFENDANT TYPE OF PROCESS Bureau of Prisons, et al Sum, DE #2,#6,#7, this MOO NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT { Federal Bureau of Prisons ADDRESS (Street or RFD, Apartment No .. City, State and ZIP Code) 654 Home Owners Loan Corp. Bldg., 320 1st Street, NW, Washington, DC 20001 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW 6 Check for service on US.A. L 5 Number of parties to be served in this case r-;:bert W. Demonbreum #17912-075 FCI - MEMPHIS P. O. Box 34550 Memphis, TN 38134 Number of process to be served with this Form 285 x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (!nclude Business and Alternate Addresses, All Telephone Numbers, and Estiml1ted Times Available for Service): Fold Fold SERVICE TO BE MADE PURSUANT TO ATTACHED ORDER Signature of Attorney other Originator requesting service on behalf of: I&l PLAINTIFF D DEFENDANT DATE TELEPHONE NUMBER 606-437-6160 10/30/2009 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. Signature of Authorized USMS Deputy or Clerk No. Date I hereby certify and return that I D have personally served, D have legal evidence of service, D 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 A person of suitable age and discretion then residing in defendant's usual place of abode Address (complete only different than shown above) Date Time Dam pm D Signature of US. Marshal or Deputy Service Fee Total Mileage Charges Forwarding Fee including endeavors) Total Charges Advance Deposits Amount owed to U.S Marshal' or (Amount of Refund") REMARKS: PRINT 5 COPIF:S: CLERK OF THE COURT USMS RECORD NOTICE OF SERVICE BILLING STATEMENT': To be returned to the US. Marshal with payment, if any amount is owed. Please remit promptly payable to US. Marshal. 5. ACKNOWLEDGMENT OF RECEIPT 1. 2. 3. 4. PRIOR EDITIONS MAYBE USED Form USM-285 Rev. 12/15/80 Automated 01100 U.S. Department of Justice United States Marshals Service PROCESS RECEIPT AND RETURN PLAINTIFF Robert W. Demonbreum , COURT CASE NUMBER 7:08-cv-198-ART DEFENDANT Bureau of Prisons, et al TYPE OF PROCESS Sum, DE #2,#6,#7, this MOO NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT U.S. Attorney - EDKY { ADDRESS (Street or RFD, Apartment No., City. State and ZIP Code) 260 W. Vine Street, Suite 300, Lexington, KY 40507 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW L 5 6 Check for service on U.S.A. I;:bert W. Demonbreum #17912-075 FCr - MEMPHIS P. O. Box 34550 Memphis, TN 38134 Number of process to be served with this Form 285 Number of parties to be served in this case -_._-----------------------------------------------------..----------------------------------------------------------------------.-------------. --------------------­ x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses. All Telephone Numbers, and Estimnted Times Availablefor Service): Fold Fold SERVICE TO BE MADE PURSUANT TO ATTACHED ORDER Signature of Attorney other Originator requesting service on behalf of: IKI PLAINTIFF D DEFENDANT TELEPHONE NUMBER DATE 606-437-6160 10/30/2009 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) Total Process District of Origin District to Serve No. Signature of Authorized USMS Deputy or Clerk No. D D Date D 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. 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 (ifnot shown above) D A person of suitable age and discretion then residing in defendant's usual place of abode Address (complete only different than shown above) Date Time Dam D pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges Forwarding Fee including endeavors) Total Charges Advance Deposits Amount owed to US. Marshal* (Amount of Refund") ,)1 REMARKS: PRINT 5 COPIES: 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, ifany amount is owed. Please remit promptly payable to U.S. Marshal. 5. ACKNOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAYBE USED Fonn USM-285 Rev. 12/15/80 Automated 01/00 _1.X!!,mmi;'_imrwmU:)!!(5l\mWU 1tIm l :mm_ U.S. Department of Justice PROCESS RECEIPT AND RETURN United States Marshals Service PLAINTIFF Robert W. Demonbreum COURT CASE NUMBER 7:08-cv-198-ART DEFENDANT TYPE OF PROCESS Sum, DE #2,#6,#7, this MOO Bureau of Prisons, et al NAME OF INDIVIDUAL, COMPANY, CORPORATION ETC TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT { U.S. Attorney General ADDRESS (Street or RFD, Apartment No, Czty, State and ZIP Code) 5137 Robert F. Kennedy Blvd., 10th St. -----. & Constitution Ave. NW, Washington, DC 20530 . - - - - . .- - - - . . - - -. . .- - - . . - - - .- - - - -. SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW --------r:~~;:-::-~:::::~~.::-:~~:-~-~~~-~:- Number of process to be ----I-_se_rv_e_d_w_i_th_th_iS_F_o_rrn_28_5-+_5 FCI _ MEMPHIS --­ Number of parties to be served in this case L 6 Check for service on U.S.A. P. O. Box 34550 Memphis, TN 38134 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): F~ F~ 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 10/3012009 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 ifmore than one USM 285 is submitted) Total Process District of Origin District to Serve No. Signature of Authorized USMS Deputy or Clerk Date No. I hereby certifY and return that I 0 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. 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) I-O--A-pe-r-so-n-o-f-s-Ul-'ta-b-le-a-g-e-an-d-dl-'sc-r-et-io-n-­ then residing in defendant's usual place of abode Address (complete only different than shown above) Date Time Dam o pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges Forwarding Fee including endeavors) Total Charges Advance Deposits Amount owed to US Marshal* or (Amount or Refund') REMARKS: PRINT 5 COPIES: 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, 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 PLAINTIFF COURT CASE NUMBER Robert W. Demonbreum 7:08-cv-198-ART DEFENDANT TYPE OF PROCESS Bureau of Prisons, et a1 Sum, DE #2,#6,#7, this MOO NAME OF INDIVIDUAL. COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT { Dr. Pablo Cruz, Individually 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 --------------------C--------------------­ - ..----.­ -­ - - -.­ ·-··········­ ·····-.­ - - Robert W. Demonbreum #17912-075 FCI - MEMPHIS P. O. Box 34550 Memphis, TN 38134 w ~ L . _ . __ ¢ Number of process to be - r-__er_v_ed_w_it_h_th_i_S_Fo_r_m_2_8_5-+_5 s _ Number of parties to be served in this case Check for service onU.S.A. ¢ 6 x ._. ¢ _ SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All Telephone Numbers, and Estimated Times AvailableforService): Fold Fold SERVICE TO BE MADE PURSUANT TO ATTACHED ORDER Signature of Attorney other Originator requesting service on behalf of: ~ PLAINTIFF D DEFENDANT TELEPHONE NUMBER DATE 606-437-6160 10/30/2009 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) Total Process District of Origin District to Serve No. Signature of Authorized USMS Deputy or Clerk No. Date I hereby certify and return that I D have personally served, D have legal evidence of service, D 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 (ifnot 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 Dam D pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges Forwarding Fee including endeavors) Total Charges Advance Deposits Amoun1 owed to US Marsh'11' or (.."-mount of RdtUld') REMARKS: PRINT 5 COPIES: I. 2. 3. 4. CLERK OF THE COURT USMS RECORD NOTICE OF SERVICE BILLING STATEMENT": To be returned to the US. Marshal with payment, if any amount is owed. Please remit promptly payable to US. Marshal. 5 ACKNOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAY BE USED Form USM-285 Rev. 12115/80 Automated 01100 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 PLAINTIFF Robert W. Demonbreum COURT CASE NUMBER 7:08-cv-198-ART DEFENDANT Bureau of Prisons, et al TYPE OF PROCESS Sum, DE #2,#6,#7, this MOO NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE Mrs. Sloan, Individually AT { 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 r;:bert W. Demonbreum #17912-075 FCI - MEMPHIS P. O. Box 34550 Memphis, TN 38134 L --------------.----------------------.-----------------------------------------------------------------------------.--------------.------------.----------.------­ Number of process to be served with this Form 285 5 Number of parties to be served in this case _._----------------------._--------------------------..-----..------------------.------------------------------------------------------.-----------._----------------­ 6 Check for service on U.S.A. x ----------------------~--~~~~~-~-------~--~~---- ----------~._~-----~-----------~------ SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (.Include Business and Alternate Addresses, All Telephone Numbers, and Estimated Times Availablefor 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 DATE TELEPHONE NUMBER 606-437-6160 10/30/2009 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) Total Process District of Origin District to Serve No. Signature of Authorized USMS Deputy or Clerk Date No. I hereby certifY and return that I 0 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. 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 US. Marshal or Deputy Service Fee Total Mileage Charges Forwarding Fee including endeavors} Total Charges Advance Deposits Amount owed to U.S. Marshal' or (Am()unt or Refund') REMARKS: PRINT 5 COI'If:S: I. 2. 3 4. CLERK OF THE COURT USMS RECORD NOTICE OF SERVICE 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 PRIOR EDITIONS MAYBE USED Form USM-285 Rev. 12/15/80 Automated 01/00 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 PLAINTIFF COURT CASE NUMBER Robert W. Demonbreum 7:08-cv-198-ART DEFENDANT TYPE OF PROCESS Bureau of Prisons, et al Sum, DE #2,#6,#7, this MOO NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE Mrs. Leable, Individually AT { 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 IL.. 6 Check for service onU.S.A FCI - MEMPHIS P. O. Box 34550 Memphis, TN 38134 5 Number of parties to be served in this case ~bert W. Demonbreum #17912-075 Number of process to be served with this Form 285 x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses. All Telephone Numbers, and Estimated Times Availablefor Service): F~ ~d SERVICE TO BE MADE PURSUANT TO ATTACHED ORDER Signature of Attorney other Originator requesting service on behalf of: IKI PLAINTIFF D DEFENDANT TELEPHONE NUMBER DATE 10/3012009 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 mdicated. (Sign only for USM 285 if more than one USM 285 is submitted) Total Process District of Origin District to Serve No. No. D D Signature of Authorized USMS Deputy or Clerk D Date as have personally served, have legal evidence of service, have executed 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. 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 A person of suitable age and discretion then residing in defendant's usual place of abode Address (complete only different than shown above) Date Time Dam o pm Signature of US. Marshal or Deputy Service Fee Total Mileage Charges including endeavors) Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Mmsh"j* or (AmouTlt of Rd'uTld*) REMARKS: PRII\lT 5 COPIES: 1. CLERK OF THE COURT 2. USMS RECORD 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 US. Marshal. 5. ACKNOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAYBE USED Form USM-285 Rev. 12/15/80 Automated 01100 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-198-ART Robert W. Demonbreum DEFENDANT TYPE OF PROCESS Bureau of Prisons, et al Sum, DE #2,#6,#7, this MOO NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT Me H. Sexauer, Individually { 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 6 Check for service on U.S.A. t;:bert W. Demonbreum # 17912-075 FCI - MEMPHIS P. O. Box 34550 Memphis, TN 38134 5 x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All Telephone Numbers, and Estimated Times Availablefor Service): Fold Fold SERVICE TO BE MADE PURSUANT TO ATTACHED ORDER Signature of Attorney other Originator requesting service on behalf of: ~ PLAINTIFF o DEFENDANT TELEPHONE NUMBER DATE 606-437-6160 10/3012009 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/or 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 I hereby certify and return that I have personally served, have legal evidence of service, 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. 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 US. Marshal or Deputy Service Fee Total Mileage Charges including endeavors) Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal" (Amount of Rd\md*) <)1 REMARKS: PIUNT 5 ('OPIF:S: L 2. 3. 4. CLERK OF THE COURT USMS RECORD NOTICE OF SERVICE 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 MAY BE USED Form USM-285 Rev. U/I 5/80 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 PLAINTIFF COURT CASE NUMBER Robert W. Demonbreum 7:08-cv-198-ART DEFENDANT TYPE OF PROCESS Bureau of Prisons, et al Sum, DE #2,#6,#7, this MOO NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE Mr. R. Adams, Individual1y AT { 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 L 6 Check for service on U.S.A. FCI - MEMPHIS P. O. Box 34550 Memphis, TN 38134 5 Number of parties to be served in this case ~bert W. Demonbreum #17912-075 Number of process to be served with this Form 285 x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses. All Telephone Numbers, and Esti1tlllted 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 D PLAINTIFF DEFENDANT DATE TELEPHONE NUMBER 606-437-6160 10/30/2009 SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE I acknowledge receipt for the total num ber of process indicated. (Sign only for USM 285 ifmore than one USM 285 is submitted) Total Process District of Origin District to Serve No. No. Signature of Authorized USMS Deputy or Clerk Date I hereby certify and return that I D 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. 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) D A person of suitable age and discretion then residing in defendant's usual place of abode Address (complete only different than shown above) Date Time Dam D pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges Forwarding Fee including endeavors) Total Charges Advance Deposits Amount owed to U.S. Marshal' or (AmounlorRefund*) REMARKS: PRINT 5 COPIES: 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 MAY BE USED 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 7:08-cv-198-ART Robert W. Demonbreum TYPE OF PROCESS DEFENDANT Sum, DE #2,#6,#7, this MOO Bureau of Prisons, et al NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT Suzanne Hastings, Individually { 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 FCI - MEMPHIS P. O. Box 34550 Memphis, TN 38134 L 6 Check for service on U.S.A. ~bert W. Demonbreum #17912-075 5 x SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (!nclude Business and Alternate Addresses. All Telephone Numbers, and Estimated Times A vailable for Service): Fold Fold SERVICE TO BE MADE PURSUANT TO ATTACHED ORDER Signature of Attorney other Originator requesting service on behalf of: Il{I PLAINTIFF o DEFENDANT DATE TELEPHONE NUMBER 10/30/2009 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 ifmore than one USM 285 is submitted) Total Process District of Origin District to Serve No. Signature of Authorized USMS Deputy or Clerk No. 0 0 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 [] am [] pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges Forwarding Fee including endeavors) Total Charges Advance Deposits Amount owed 1.0 U.S. Marshal' (Amount of Rdlmc1*J (11 REMARKS: PRINT :5 COI'IES: 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, 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 0 I/00

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