Wilson v. Shearer et al

Filing 28

ORDER : 1) Recommended Disposition (DE 27 ) is ADOPTED as the Court's opinion. (2) Wilson's Motion to Extend the Scheduling Order is GRANTED. The Court will issue a new scheduling order resetting the impacted deadlines. (3) Wilson' s Motion to Amend his Complaint is GRANTED in part and DENIED in part. (4) Wilson; tendered Amended Complaint (DE 23 -1) shall be filed in the record. (5) A London Deputy Clerk shall prepare a Service Packet to effectuate service on Nurse Amber. Packet include a-d. 6) Clerk send service packet to USMS. 7) USMS personally serve Nurse Amber. Signed by Judge Karen K. Caldwell on 4/10/19.(SYD)cc: COR, mailed to pro se filer

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION at LONDON

DUSTIN M. WILSON,
Civil Action No. 6:18-54-KKC

Plaintiff,

ORDER

v.
HARVEY SHEARER, et al.,
Defendants.
*** *** ***

This matter is before the Court on Dustin Wilson’s Motion to Extend the Scheduling Order
and Motion for Leave to File an Amended Complaint. (DE 23). United States Magistrate Judge
Hanly Ingram recommended that Wilson’s Motion to Extend the Scheduling Order be granted and
that his Motion for Leave to File an Amended Complaint be granted in part and denied in part.
(DE 27). The parties have not filed any objections to Judge Ingram’s recommendations. After
reviewing the applicable law and Judge Ingram’s analysis, the Court agrees with his recommended
disposition.
Accordingly, the Court HEREBY ORDERS as follows:
(1) Judge Ingram’s Recommended Disposition (DE 27) is ADOPTED as the Court’s
opinion.
(2) Wilson’s Motion to Extend the Scheduling Order is GRANTED. The Court will issue
a new scheduling order resetting the impacted deadlines.
(3) Wilson’s Motion to Amend his Complaint is GRANTED in part and DENIED in part.
To the extent Wilson requests to amend his complaint to state a claim against Harvey
Shearer and the nurses of Southern Health Partners regarding inadequate medical care,

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it is GRANTED. Wilson’s request for leave to amend his complaint is DENIED in
all other respects.
(4) Wilson’s tendered Amended Complaint (DE 23-1) shall be filed in the record.
(5) A London Deputy Clerk shall prepare a “Service Packet” to effectuate service on Nurse
Amber (last name unknown). The Service Packet should include
a. a completed summons form;
b. the amended complaint (DE 23-1); the order granting Wilson pauper status (DE
8);
c. a copy of this order and the recommended disposition (DE 27) adopted by this
order; and
d. a completed USM form 285.
(6) The Deputy Clerk should send the Service Packet to the USMS in Lexington,
Kentucky, and should note the date of delivery in the docket.
(7) The USMS should personally serve a Service Packet upon Defendant Nurse Amber at
the Wayne County Detention Center, 217 Jim Hill Service Rd., Monticello, KY, 42633,
through arrangement with the Wayne County Detention Center.
Dated April 10, 2019.

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