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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SERVE: BY CERTIFIED MAIL RETURN RECEIPT REQUESTED: Honorable Michael Mnkasey Attorney General of the United States 5137 Robert F. Kennedy Bldg. 10th Street & Constitution Ave. N.W. Washington, DC 20530 SERVE: BY CERTIFIED MAIL RETURN RECEIPT REQUESTED: Civil Process Clerk United States Attorney Eastern District of Kentucky 260 W. Vine Street, Suite 300 Lexington, KY 40507 SERVE: BY CERTIFIED MAIL RETURN RECEIPT REQUESTED: Mr. Harley G. Lappin Director, Bureau of Prisons 654 Home Owners Loan Corp Bldg. 320 1st 81. N.W. Washington, DC 20001

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