Bruin v. Meko et al, No. 0:2014cv00057 - Document 9 (E.D. Ky. 2014)

Court Description: MEMORANDUM OPINION & ORDER, 1) Bruin's Eighth Amd Claims alleging verbal harrassment and infliction of emotional distress by LSCC dfts are DISMISSED WITH PREJUDICE 2) Bruin's Fourteenth Amd claims alleging the denial of due process of law i n connection with the LSCC grievance process are DISMISSED WITH PREJUDICE 3) Bruin's Fourteenth and/or Eighth Amd Claims challenging his 2/19/14 disciplinary conviction and the loss of 60 days of good-time credits are DISMISSED WITHOUT PREJ to B ruin's right to assert such claims in petition for writ of habeas corpus 4) Bruin's Eight Amd claims alleging that the LSCC dfts were deliberately indifferent to him, and/or that they failed to protect him from harm are DISMISSED WITH PREJU DICE 5) Folling individuals are TERMINATED as dfts Laura Dennis (c/o), James David Green (Deputy Warden), Holbrook (Correction Officer), Joseph P. Meko (Warden), Jerry Barker (Sergeant) and Paul Crouch (Captain) terminated. 6) Bruin' s First Amd claims alleging that dfts Bossio, Bear, Leach, Fyffe, and Reynolds improperly opened or mishandled his incoming "privileged mail" shall proceed 7) Clerk shall prepare a Service Packet for dfts Bossio, Bear, Leach, Fyffe, Reynold s and include a) completed summons, b) complaint and supplement c) this order and d) USM 285 8) Clerk send to USMS in Lexington,KY 9) USMS is responsible for ensuring all dfts are successfully served with process 10) w/in 40 dys of this order USMS se nd service packet report to Ashland Clerk which clerk shall file into record which states whether service has been accomplished with respect to ea dft a) if dft is served by cert mail the report shall include 1) copy of green card showing proof of se rvice or 2) stmt that green card was not returned from US Postmaster with Track and Confirm report from USPostal Service showing proof of delivery does not exist b) if dft is personally served report shall indicate 1) the dft was successfully served personally or 2) stmt explaining why dft could not be served and what efforts are being taken to locate dft 11) Bruin must advise clerk's office of any change of mailing address, failure may result in dismiss Bruin must communicate solely throu gh notices or motions court will disregard correspondence sent directly to chambers 12) with every notice or motion Bruin must a) mail a copy to dft or attorney b) certify that he has mailed a ocpy to ea dft; court will disregard any notice or motion which does not include certification. Signed by Judge Henry R. Wilhoit, Jr on 9/8/14.(SMT)cc: COR, Bruin via USMail, USMS with serivce packet