Powell v. Correct Care Solutions et al, No. 5:2017cv00397 - Document 7 (E.D. Ky. 2017)
Court Description: MEMORANDUM OPINION AND ORDER: (1) Powell's 3 Motion for Leave to Proceed in forma pauperis is GRANTED. (2) The $50 administrative fee is WAIVED. 28 U.S.C. § 1915 requires that Powell pay the $350 filing fee. (3) Within 28 days, Powell MUST PAY $6.23 to the Clerk as an initial partial filing fee. (4) Clerk shall open an account in Powell's name for receipt of the filing fee. Clerk shall complete Notice of Payment Form (EDKy 525). Clerk shall send a copy of this Ord er and the Notice of Payment Form to the Jailer/Warden of the institution as well as the Office of the General Counsel for the Dept of Corrections in Frankfort, KY. (5) Each month, Powell's custodian shall send the Clerk a payment in an amount e qual to 20% of Powell's income for the preceding month out of his inmate trust fund account, but only if the amount in the acct exceeds $10. Custodian shall then continue monthly payments until the entire $350 is paid. (6) Powell& #039;s 5 Motion to Appoint Counsel is DENIED. (7) Powell's Eighth Amendment claims are DISMISSED, with prejudice. (8) Powell's state law negligence claims are DISMISSED, without prejudice. (9) This action is DISMISSED and STRICKEN from the Court's docket. (10) A corresponding judgment will be entered this date. Signed by Judge Karen K. Caldwell on October 17, 2017. (Attachments: # 1 EDKy 525) (AWD)cc: Pla via US Mail,F,Jailer/Warden,Office of General Counsel
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