Wilson, Jr. v. Fayette County Detention Center et al

Filing 19

MEMORANDUM OPINION AND ORDER: IT IS HEREBY ORDERED (1) 17 MOTION to Stay/Plea for Abatement Due to Pendency Bankruptcy is GRANTED; (2) this matter is STAYED; Roberts' counsel is directed to file appropriate motion in event Wilson's claims against Roberts are discharged in bankruptcy. Signed by Judge Karl S. Forester on 03/05/2013.(DAK)cc: COR,Pro Se Pla(via US Mail)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION AT LEXINGTON

VERNON ALVIN WILSON, JR.,

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Plaintiff,
v.
FAYETTE COUNTY DETENTION
CENTER, et al.,
Defendants.
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Civil Action No. 5:12-238-KSF

MEMORANDUM OPINION
AND ORDER

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Plaintiff Vernon Alvin Wilson, Jr., is an individual formerly confined at the Fayette County
Detention Center in Lexington, Kentucky.1 While an inmate there, Wilson, proceeding without an
attorney, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 against the Fayette County
Detention Center and Correctional Officer Joshua Roberts, concerning his being assaulted by another
inmate at the jail. [R. 1] Wilson seeks $70,000 in punitive damages. By prior order, the Court
granted Wilson’s motion to pay the filing fee in installments, dismissed the Fayette County Detention
Center as a named defendant, and directed that summonses be issued to the Lexington-Fayette Urban
County Government (“LFUCG”) and to Joshua Roberts. [R. 5]
Defendant Joshua Roberts has filed a “Plea for Abatement due to Pending Bankruptcy”
[R. 17] in which he indicates he has filed for protection under Chapter 7 of the Bankruptcy Code.
Roberts has listed this action in his petition [R. 17-1] and has identified Wilson as the holder of an
unsecured nonpriority unliquidated claim in Schedule F of his petition. In re: Joshua Roberts, No.

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Wilson has since notified the court that his new address is the Roederer Correctional
Complex in LaGrange, Kentucky. [R. 16]

12-53173-GRS (Bankr. E.D. Ky. 2012) [R. 1 therein, p. 19] Pursuant to 11 U.S.C. § 362(a)(1), this
matter is automatically stayed, and Roberts’ motion will be granted. Roberts’ counsel is directed to
file an appropriate motion in the event Wilson’s claims against Roberts are discharged in the
bankruptcy proceeding pursuant to 11 U.S.C. § 727.
Accordingly, IT IS HEREBY ORDERED that:
1.

Joshua Roberts’ “Plea for Abatement due to Pending Bankruptcy” [R. 17] is

GRANTED.
2.

Pursuant to 11 U.S.C. § 362(a)(1), this matter is STAYED pending the resolution of

Joshua Roberts’ Chapter 7 bankruptcy proceeding. Roberts’ counsel is directed to file an appropriate
motion in the event Wilson’s claims against Roberts are discharged in the bankruptcy proceeding
pursuant to 11 U.S.C. § 727.
This 5th day of March, 2013.

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