Kentucky Western District Court
Judge:Joseph H Mckinley, Jr
Case #: 4:24-cv-00113
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:Oct 31, 2024
Terminated:Jan 23, 2025
Defendant
Owensboro Mercy Health
Defendant
Owensboro Police Department
Defendant
United States Marshalls
Plaintiff
Justin Shane Riley

GPO Jan 23 2025
MEMORANDUM OPINION by Senior Judge Joseph H. McKinley, Jr. on 1/23/2025: The Court, however, will dismiss the action without prejudice and with leave to amend the complaint for Plaintiff to name as Defendants the individual OPD officers who allegedly used excessive force against him during his arrest. Thus, the Court DIRECTS the Clerk of Court to place this case number and the word "Amended" on a § 1983 complaint form and to send it to Plaintiff along with four summons forms. cc: Plaintiff, pro se, w/ 1983 and summons forms (EAS)

Docket last updated: 7 hours ago
Thursday, January 23, 2025
9 9 1 pgs order Order Dismissing Case Thu 01/23 4:42 PM
ORDER by Senior Judge Joseph H. McKinley, Jr. on 1/23/2025: IT IS ORDERED that the action is DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1), (2) for failure to state a claim upon which relief may be granted and for seeking damages from a defendant immune from such relief. This action is DISMISSED without prejudice and with leave to amend the complaint no later than February 28, 2025. This is a final Order. The Court certifies that an appeal of this action would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). cc: Plaintiff, pro se (EAS)
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8 8 7 pgs order Memorandum Opinion Thu 01/23 4:36 PM
MEMORANDUM OPINION by Senior Judge Joseph H. McKinley, Jr. on 1/23/2025: The Court, however, will dismiss the action without prejudice and with leave to amend the complaint for Plaintiff to name as Defendants the individual OPD officers who allegedly used excessive force against him during his arrest. Thus, the Court DIRECTS the Clerk of Court to place this case number and the word "Amended" on a § 1983 complaint form and to send it to Plaintiff along with four summons forms. cc: Plaintiff, pro se, w/ 1983 and summons forms (EAS)
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Wednesday, November 13, 2024
7 7 3 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Wed 11/13 12:08 PM
ORDER FOR PAYMENT OF INMATE FILING FEE Signed (EBOC) by Senior Judge Joseph H. McKinley, Jr. on 11/13/2024 denying as moot3 Motion for Leave to Proceed in forma pauperis and granting5 Motion for Leave to Proceed in forma pauperis. DAVIESS COUNTY DETENTION CENTER shall collect from Plaintiff's prison trust account the $350 filing fee for this action. The Clerk of Court is DIRECTED to open an account for the payment of the filing fee in this action. cc: Plaintiff, pro se; USDC WDKY Finance; DCDC, Attn: Inmate Accts. (EAS)
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utility Schedules Wed 11/13 12:10 PM
Schedules Initial Review due by 3/13/2025. (EAS)
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Tuesday, November 12, 2024
6 6 misc Prisoner Trust Fund Account Statement Tue 11/12 2:24 PM
Prisoner Trust Fund Account Statement re5 MOTION for Leave to Proceed in forma pauperis filed by Justin Shane Riley,3 MOTION for Leave to Proceed in forma pauperis filed by Justin Shane Riley by Justin Shane Riley. (EAS)
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5 5 motion Proceed In Forma Pauperis Tue 11/12 2:22 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Justin Shane Riley (EAS)
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Thursday, October 31, 2024
4 4 notice Deficiency Thu 10/31 4:40 PM
NOTICE of Deficiency re3 Motion for Leave to Proceed in forma pauperis.Reason for Deficiency: Prisoner trust account statement not filed. Failure to comply will be brought to the attention of the Court. Response due by 12/2/2024. c: Plaintiff, pro se (EAS)
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3 3 motion Proceed In Forma Pauperis Thu 10/31 4:35 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Justin Shane Riley (EAS)
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2 2 utility Case Assignment Thu 10/31 4:32 PM
Case Assignment (Random Selection): Case Assigned to Senior Judge Joseph H. McKinley, Jr. (EAS)
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1 1 cmp Complaint Thu 10/31 4:31 PM
COMPLAINT against Owensboro Mercy Health, Owensboro Police Department, United States Marshalls, filed by Justin Shane Riley. (EAS)
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Att: 1 Summons