Johnson v. Scott et al
| Kentucky Western District Court | |
| Judge: | Joseph H Mckinley, Jr |
| Case #: | 5:23-cv-00073 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | May 18, 2023 |
| Terminated: | Nov 15, 2023 |
Defendant
Calloway County
|
|
Defendant
Calloway County Jail
|
|
Defendant
Christy Wathom
|
|
Defendant
Jimmy Lee Scott
|
|
Defendant
Ken Claud
|
|
Defendant
Lt. Black
|
|
Defendant
Lt. Mcustion
|
|
Defendant
Penny Stein
|
|
Defendant
Sheila Peek
|
|
Defendant
Supervisor Mike
|
|
Defendant
Supervisor Thomas
|
|
Defendant
West KY Correctional Healthcare
|
|
Plaintiff
Anthony Cain
|
|
Plaintiff
Jeffery Johnson
|
GPO
Nov 15 2023
MEMORANDUM OPINION by Senior Judge Joseph H. McKinley, Jr. on 11/14/2023: The Court will enter a separate Order dismissing this action for the reasons set forth herein.cc: Plaintiff, pro se (EAS) |
| Docket last updated: 4 hours ago |
| Wednesday, March 13, 2024 | ||
| 40 | 40
3
pgs
order
Order on Motion to Reopen Case
Wed 03/13 11:42 AM
ORDER Signed by Senior Judge Joseph H. McKinley, Jr. on 3/13/2024 denying39 second motion for reinstatement of this case. Plaintiff is WARNED that any future motions he files in this closed action that pertain to mail fraud by CCJ officials will be summarily denied. cc: Plaintiff, pro se(EAS) |
|
| Monday, March 11, 2024 | ||
| 39 | 39
motion
Reopen Case
Mon 03/11 5:03 PM
MOTION to Reinstate Case by Plaintiff Anthony Cain (EAS) |
|
|
Att: 1
Exhibit
|
||
| Thursday, March 07, 2024 | ||
| 38 | 38
3
pgs
order
Order on Motion for Miscellaneous Relief Order on Motion to Reopen Case
Thu 03/07 2:05 PM
ORDER Signed by Senior Judge Joseph H. McKinley, Jr. on 3/7/2024: IT IS ORDERED that Plaintiff's motion for reinstatement of this case37 is DENIED. IT IS FURTHER ORDERED that Plaintiff's request for a copy of "the entire file" for this case37 is DENIED. cc: Plaintiff, pro se (EAS) |
|
| Monday, January 22, 2024 | ||
| 37 | 37
motion
Miscellaneous Relief Reopen Case
Mon 01/22 3:27 PM
MOTION for copy of the entire file, MOTION for immediate reinstatement of this case by Plaintiff Anthony Cain (EAS) |
|
| Wednesday, January 03, 2024 | ||
| 36 | 36
1
pgs
order
Order on Motion for Ruling
Wed 01/03 3:05 PM
ORDER Signed by Senior Judge Joseph H. McKinley, Jr. on 1/3/2024 denying35 Motion for Immediate Ruling. cc: Plaintiff, pro se (EAS) |
|
| Friday, December 29, 2023 | ||
| 35 | 35
motion
Ruling
Tue 01/02 11:49 AM
MOTION for Immediate Ruling on the Amended Complaint by Plaintiff Anthony Cain (EAS) |
|
| Monday, December 11, 2023 | ||
| 34 | 34
misc
Letter
Wed 12/13 4:10 PM
Letter from Plaintiff Anthony Cain. (EAS) |
|
| Wednesday, November 15, 2023 | ||
| 33 | 33
1
pgs
order
Order Dismissing Case
Wed 11/15 11:25 AM
ORDER by Senior Judge Joseph H. McKinley, Jr. on 11/14/2023: IT IS ORDERED that this action is dismissed for failure to state a claim upon which relief may be granted. This is a final Order. The Court certifies that an appeal in forma pauperis would be frivolous and therefore would not be taken in good faith.cc: Plaintiff, pro se (EAS) |
|
| 32 | 32
10
pgs
order
Memorandum Opinion
Wed 11/15 11:20 AM
MEMORANDUM OPINION by Senior Judge Joseph H. McKinley, Jr. on 11/14/2023: The Court will enter a separate Order dismissing this action for the reasons set forth herein.cc: Plaintiff, pro se (EAS) |
|
| Wednesday, November 08, 2023 | ||
| 31 | 31
cmp
Amended Complaint
Wed 11/08 3:03 PM
SECOND AMENDED COMPLAINT against Jimmy Lee Scott, Penny Stein, Sheila Peek, Christy Wathom, West KY Correctional Healthcare, Calloway County, filed by Anthony Cain. (EAS) |
|
|
Att: 1
Exhibits
|
||
| Thursday, November 02, 2023 | ||
| 30 | 30
notice
Notice (Other)
Thu 11/02 5:05 PM
NOTICE of filing Attachment to Amended Complaint by Anthony Cain re29 Supplement,19 Amended Complaint (EAS) |
|
| 29 | 29
misc
Supplement
Thu 11/02 5:03 PM
SUPPLEMENTAL COMPLAINT re19 Amended Complaint by Anthony Cain. (EAS) |
|
|
Att: 1
Exhibit 1
|
||
| Wednesday, November 01, 2023 | ||
| 28 | 28
misc
Letter
Wed 11/01 3:58 PM
Letter from Plaintiff. (EAS) |
|
| 27 | 27
order
Order - TEXT ONLY
Wed 11/01 3:08 PM
TEXT ORDER by Senior Judge Joseph H. McKinley, Jr. on 11/1/2023: Pursuant to Order entered 11/1/202326 , the Clerk is directed to change the caption of the instant case to "Cain v. Scott al." This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Plaintiff, pro se (EAS) |
|
| 26 | 26
4
pgs
order
Order on Motion for Miscellaneous Relief Order on Motion to Supplement
Wed 11/01 2:29 PM
MEMORANDUM AND ORDER Signed by Senior Judge Joseph H. McKinley, Jr. on 11/1/2023: IT IS ORDERED that Plaintiff shall file a second amended complaint within 30 days of entry of this Memorandum and Order which contains all of the claims Plaintiff's seeks to bring in this action against Calloway County Jail (CCJ) officials that occurred prior to 9/5/2023, when Plaintiff filed a subsequent action in this Court regarding his conditions of confinement at CCJ. The second amended complaint will supersede, i.e., replace, the pleadings set forth above1 ,12 ,17 ,18 , and19 and the Court will conduct an initial review pursuant to 28 U.S.C. § 1915A of the second amended complaint only. IT IS ORDERED that Plaintiff's motion to supplement12 is denied as moot. Plaintiff is warned that if he fails to timely file a second amended complaint, the Court will dismiss this action for failure to comply with an Order of the Court. Plaintiff is further advised that he shall not file any other document in this action until the Court has conducted an initial review of the second amended complaint. If Plaintiff files such a document, it will not be addressed by the Court. The Clerk of Court is directed to send Plaintiff a 1983 complaint form with this case number and the words "Second Amended Complaint" written in the caption so that he may comply with this Order. IT ORDERED that Plaintiff's motions filed at8 ,21 , and22 are denied. IT IS ORDERED that Plaintiff's motion23 is denied as moot. Moreover, to the extent that Plaintiff requests relief concerning Plaintiff's other cases in these filings, those requests must be addressed in each of those cases and are denied herein. IT IS ORDERED that Plaintiff's motion10 is granted, and the Clerk of Court is directed to change Plaintiff's name in the docket sheet to Anthony Cain, also known as Jeffery Johnson. IT IS ORDERED that Plaintiff shall not put multiple case numbers on any new motion he files in this action; each motion must contain this case number only. Plaintiff is warned that any future motion Plaintiff files in this action with more than one case number will be denied. cc: Plaintiff, pro se, w/ 1983 form (EAS) |
|
| Monday, October 23, 2023 | ||
| 25 | 25
misc
Letter
Mon 10/23 5:07 PM
Letter from Plaintiff Jeff Johnson. (EAS) |
|
| Friday, October 06, 2023 | ||
| 24 | 24
misc
Letter
Fri 10/06 3:31 PM
Letter from Plaintiff Jeff Johnson (EAS) |
|
| Thursday, October 05, 2023 | ||
| 23 | 23
motion
Miscellaneous Relief
Thu 10/05 3:21 PM
MOTION for Court order by Plaintiff Jeffery Johnson (EAS) |
|
| Thursday, September 21, 2023 | ||
| 22 | 22
motion
Miscellaneous Relief
Fri 09/22 2:13 PM
MOTION for CCJ to supply the Court, US Marshal address for Jimmy Lee Scott by Plaintiff Jeff Johnson (EAS) |
|
| 21 | 21
motion
Miscellaneous Relief
Fri 09/22 2:12 PM
MOTION for Court order by Plaintiff Jeff Johnson (EAS) |
|
| 20 | 20
misc
Letter
Thu 09/21 4:10 PM
Letter from Anthony Cain requesting docket sheet copies of all cases. (DJT) |
|
| Monday, August 28, 2023 | ||
| 19 | 19
cmp
Amended Complaint
Mon 08/28 3:28 PM
AMENDED COMPLAINT against Jimmy Lee Scott, filed by Jeff Johnson. (EAS) |
|
|
Att: 1
Exhibit 1,
|
||
|
Att: 2
Summons,
|
||
|
Att: 3
Envelope
|
||
| 18 | 18
notice
Notice (Other)
Mon 08/28 3:22 PM
DECLARATION by Jeff Johnson (EAS) |
|
|
Att: 1
Envelope
|
||
| Friday, August 25, 2023 | ||
| 17 | 17
notice
Notice (Other)
Fri 08/25 3:44 PM
DECLARATION by Jeff Johnson (EAS) |
|
|
Att: 1
Exhibit,
|
||
|
Att: 2
Declaration,
|
||
|
Att: 3
Declaration
|
||
| Friday, August 18, 2023 | ||
| 16 | 16
3
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Fri 08/18 2:32 PM
ORDER FOR PAYMENT OF INMATE FILING FEE Signed by Senior Judge Joseph H. McKinley, Jr. (EBOC) on 8/18/2023 granting2 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is DIRECTED to open an account for the payment of the filing fee in this action. cc: Plaintiff, pro se; Finance USDC WDKY; CCJ, Attn: Inmate Accts(EAS) |
|
|
utility
Schedules
Fri 08/18 2:37 PM
Schedules Initial Review due by 12/18/2023. (EAS) |
||
| Wednesday, August 16, 2023 | ||
| 15 | 15
misc
Prisoner Trust Fund Account Statement
Wed 08/16 12:37 PM
Prisoner Trust Fund Account Statement re14 Order (EAS) |
|
|
Att: 1
Letter from Jailer Kenneth Claud
|
||
| Wednesday, August 09, 2023 | ||
| 14 | 14
2
pgs
order
Order
Wed 08/09 12:30 PM
ORDER by Senior Judge Joseph H. McKinley, Jr. on 8/8/2023: Upon review of Plaintiff' amended complaint12 , IT IS HEREBY ORDERED that the Court's prior Order6 is VACATED. A review of the application to proceed without prepayment of fees2 , however, reveals that it is incomplete. IT IS ORDERED that, within 14 days of entry of this Order, the Calloway County Jailer shall ensure that a certified copy of Plaintiffs jail trust account statement for the past six months is mailed to this Court. cc: Plaintiff, pro se; Finance USDC WDKY; Calloway County Jailer (EAS) |
|
| Thursday, June 22, 2023 | ||
| 13 | 13
misc
Letter
Fri 06/23 4:28 PM
Letter from Jeffery Johnson. (DJT) |
|
| Thursday, June 08, 2023 | ||
| 12 | 12
motion
Supplement
Fri 06/09 5:24 PM
MOTION to Supplement1 Complaint, by Plaintiff Jeff Johnson (EAS) |
|
| 11 | 11
misc
Prisoner Trust Fund Account Statement
Fri 06/09 5:18 PM
Prisoner Trust Fund Account Statement re2 MOTION for Leave to Proceed in forma pauperis filed by Jeff Johnson by Jeff Johnson. (EAS) |
|
|
Att: 1
Copy of Notice of Deficiency
|
||
| 10 | 10
notice
Notice (Other)
Fri 06/09 5:15 PM
NOTICE by Jeff Johnson (EAS) |
|
|
Att: 1
Order Name Change
|
||
| 9 | 9
misc
Letter
Fri 06/09 4:19 PM
Letter by Jeffery Johnson requesting docket sheet. Docket sheet mailed 6/9/2023. (JWM) |
|
| 8 | 8
motion
Miscellaneous Relief
Fri 06/09 4:13 PM
MOTION by Plaintiff Jeffery Johnson, pro se (JWM) |
|
| 7 | 7
misc
Letter
Fri 06/09 3:59 PM
Letter from Jeffery Johnson requesting docket sheet. Docket sheet mailed to plaintiff this date. (KJA) |
|
|
respm
Response
Fri 06/09 5:22 PM
RESPONSE to re4 Notice on Summons filed by Jeff Johnson. Tendered summonses attached to DN1 . (EAS) |
||
| Thursday, June 01, 2023 | ||
| 6 | 6
3
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 06/01 11:40 AM
MEMORANDUM AND ORDER Signed by Senior Judge Joseph H. McKinley, Jr. on 5/31/2023 denying2 Motion for Leave to Proceed in forma pauperis. Plaintiff must pay the requisite $402 filing fee within 30 days of entry of this Order. The Clerk is directed to open an account for the payment of the filing fee. cc: Plaintiff, pro se; Financial Section USDC WDKY(EAS) |
|
| Thursday, May 18, 2023 | ||
| 5 | 5
notice
Deficiency
Thu 05/18 5:40 PM
NOTICE of Deficiency re1 Complaint. Reason for Deficiency: Missing Prisoner Trust Account Statement and/or filing fee to be paid in full. Failure to comply will be brought to the attention of the Court. Response due by 6/20/2023. (CDL) |
|
| 4 | 4
notice
Notice (Other)
Thu 05/18 5:35 PM
NOTICE ON SUMMONS re1 Complaint - incomplete summons tendered. (CDL) |
|
| 3 | 3
utility
Case Assignment
Thu 05/18 5:32 PM
Case Assignment (Random Selection): Case Assigned to Senior Judge Joseph H. McKinley Jr. (CDL) |
|
| 2 | 2
motion
Proceed In Forma Pauperis
Thu 05/18 5:31 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Jeff Johnson. (CDL) |
|
| 1 | 1
cmp
Complaint
Thu 05/18 5:30 PM
COMPLAINT against Lt. Black, Calloway County Jail, Ken Claud, Lt. Mcustion, Supervisor Mike, Jimmy Lee Scott, Penny Stein, Supervisor Thomas, (No Filing Fee Paid), filed by Jeff Johnson. (CDL) |
|
|
Att: 1
Complaint Pt 2 of 2,
|
||
|
Att: 2
Summons Tendered
|
||