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.