Cosgrove v. Bureau of Prisons et al, No. 7:2009cv00064 - Document 6 (E.D. Ky. 2009)

Court Description: MEMORANDUM OPINION & ORDER: 1. The following are DISMISSED, sua sponte: BOP; all constitutional claims from remaining dfts in their official capacities; all negligence claims against remaining individual dfts. 2. USA is ADDED as Dft to the FTCA claim. 3. Clerk prepare necessary documents for service upon following Dfts: a. USA; b. S. Sloan, Individual Capacity; c. P. Runyon, Individual Capacity; d. Myron Batts, Individual Capacity; e. Dr. Pablo Cruz, Individual Capacity; f. Dr. N. Rosario, Individual Capacity. 4. Clerk prepare "Service Packet" consisting of following: a. summonses issued; b. complaint 2 ; c. Payment Order 4 ; d. this Order. e. USM Form 285. If Clerk unable to complete documents above, Cle rk set forth reason in docket entry. 5. Clerk forward, by cert. mail, to USM in Lex, KY. Clerk enter cert. mail receipt in record. 6. Service upon USA made by sending Service Packet by certified or registered mail to: USA - EDKY; US Atty Gen; and Di rector of Federal BOP. 7. Service upon individual Dfts shall be made by: a. certified or registered mail; and b. personal service. 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 summons executed or unexecuted. a. Dft served by certified mail, Report shall include: i. copy of green cared; or ii. statement green card was not returned, along with "Track-and-Confirm" showing proo f of delivery does not exist. b. Dft served personally, Report shall indicated: i. Dft was successfully served, or ii. statement explaining efforts being taken to locate Dft and accomplish service. 9. Plas Motion for an Extension of Time 5 is DE NIED without prejudice, to bring another Motion when necessary to respond to a pleading. 10. Pla keep Clerk informed of current mailing address. Failure may result in dismissal of case. 11. Pla communicate with Court solely through notices or motions filed with Clerk's Office. Court will disregard correspondence sent directly to judge's chambers. 12. Every notice or motion filed, Pla must: a. mail copy to Dft (or attorney); and b. at end of pleading, cer tify he mailed copy to each Dft (or attorney) and date done. Court will disregard any notice or motion which does not include certification. Signed by Judge Karen K. Caldwell. (Attachments: # 1 USM 285 Forms, # 2 Mailing Labels, # 3 Summons Issued, # 4 Certified Mail Receipt)(TDA)cc: Charles Cosgrove & US Marshal - (USM packet mailed cert. mail, retn rcpt req, and assembled as ordered.

Download PDF
'AO 440 (Rev. 8/01) Summons in a Civil Action UNITED STATES DISTRICT COlTRT Eastern District of Kentucky - Southern Division - Pikeville Charles Cosgrove SUMMONS IN A CIVIL CASE V. Bureau of Prisons, et al CASE NUMBER: 7:09-cv-64-KKC TO: (Name and address of Defendant) U.S. Attorney's Office - EDKY 260 W. Vine Street, Suite 300 Lexington, KY 40507 U.S. Attorney General 5137 Robert F. Kennedy, Blvd. 10th St. & Constitution Ave, NW Washington, DC 20530 Harley Lappin Director of Bureau of Prisons 654 Home Owners Loan Corp. Bldg. 320 First Street, NW Washington, DC 20001 YOU ARE HEREBY SUM:MONED and required to serve on PLAINTIFF'S ATTORNEY (name and address) Charles Cosgrove 11208 E. 24th Street Independence, MO 64052 60 days after service an answer to the complaint which is served on you with this summons, within 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 oftime after service. LESLIE G. WHITMER .<._,,_/.~ CLERK TARA D. / July 20, 2009 ¢ r' DATE -". ADK~ ~-.....,.......~~-i;;/:;:-'; ~~~_ -~ ~-'? (By) DEPUTY CLERK"' r ~. _ '-f lllo.AO 440 (Rev, 8/01) Summons in a Civil Action UNITED STATES DISTRICT COURT Eastern District of Kentucky - Southern Division - Pikeville Charles Cosgrove SUMMONS IN A CIVIL CASE v. Bureau of Prisons, et al CASE NUMBER: 7:09-cv-64-KKC TO: (Name and address of Defendant) S. Sloan, Individual Capacity P.O. Box 2067 Inez, KY 41224 YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF'S ATTORNEY (name and address) Charles Cosgrove 11208 E. 24 th Street Independence, MO 64052 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. LESLIE~. WHITMER· .. July 20, 2009 DATE ~AO 440 (Rev. 8/01) Summons in a Civil Action UNITED STATES DISTRICT COURT Eastern District of Kentucky - Southern Division - Pikeville Charles Cosgrove SUMMONS IN A CIVIL CASE v. Bureau of Prisons, et al CASE NUMBER: 7:09-cv-64-KKC TO: (Name and address of Defendant) P. Runyon, Individual Capacity P.O. Box 2067 Inez, KY 41224 YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF'S ATTORNEY (name and address) Charles Cosgrove 11208 E. 24 th Street Independence, MO 64052 an answer to the complaint which is served on you with this summons, within 60 days after service of this 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. ;-~>~>~,~ LESLIE G. WHITMER ... --:----: July 20, 2009 DATE 'AD 440 (Rev. 8/01) Summons in a Civil Action UNITED STATES DISTRICT COURT Eastern District of Kentucky - Southern Division - Pikeville Charles Cosgrove SUMMONS IN A CIVIL CASE v. Bureau of Prisons, et al CASE NUMBER: 7:09-cv-64-KKC TO: (Name and address of Defendant) Myron Batts, Individual Capacity P.O. Box 2067 Inez, KY 41224 YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF'S ATTORNEY (name and address) Charles Cosgrove 11208 E. 24 th Street Independence,~O 64052 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. : ... ,.->./.--;:~.;, r ,­ ,­ July 20, 2009 DATE (By) DEPUTY CLERK ~AO 440 (Rev. 8/01) Summons in a Civil Action UNITED STATES DISTRICT COURT Eastern District of Kentucky - Southern Division - Pikeville Charles Cosgrove SUMMONS IN A CIVIL CASE v. Bureau of Prisons, et al CASE NUMBER: 7:09-cv-64-KKC TO: (Name and address of Defendant) Dr. Pablo Cruz, Individual Capacity P.O. Box 2067 Inez, KY 41224 YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF'S ATTORNEY (name and address) Charles Cosgrove 11208 E. 24th Street Independence, MO 64052 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 ofservice. 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. ---"'-""~-"""-~'- .....-"'",r- LESLIE G. WHIT},IIER . '" ~:.-. /,/ July 20, 2009 DATE 4!ll.AO 440 (Rev. 8/01) Summons in a Civil Action UNITED STATES DISTRICT COURT Eastern District of Kentucky - Southern Division - Pikeville Charles Cosgrove SUMMONS IN A CIVIL CASE v. Bureau of Prisons, et al CASE NUMBER: 7:09-cv-64-KKC TO: (Name and address of Defendant) Dr. N. Rosario, Individual Capacity P.O. Box 2067 Inez, KY 41224 YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF'S ATTORNEY (name and address) Charles Cosgrove 11208 E. 24th Street Independence, MO 64052 60 days after service an answer to the complaint which is served on you with this summons, within 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. _r-"'''-·-~·''';''.''''--: _ . /- . ,,-- /­ LESLiE G. WHITMER· ~.; July 20,2009 DATE

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.