Fulton v. Hamilton et al

Filing 69

JUDGMENT: it is ORDERED AND ADJUDGED: (1) Pla, Richard L. Fulton, incarc in the U.S. Penitentiary in Lewisburg, PA, has filed a pro se civil rights complaint assert claims under 28 U.S.C. § 1331, pur to the doctrine announced in Bivens v. Six Un known Fed. Narcotics Agents, 403 U.S. 388 (1971). 2) The named dfts are:(1) Myron Batts (Associate Warden); (2) Paul Adams (Lieutenant); (3) Bobby Gourdouze (Emergency Preparedness Officer); (4) Frank Perrin, (Lieutenant); (5) Steven Parr (Facilities Manager); (6) Melissa Hamilton (Senior Officer); (7) Lloyd Gardner (Senior Officer); (8) Samiran Bhadra (Physicians Assistant); (9) George Roberts (Correctional Counselor); (10), Joseph George (Unit Manager); (11) Amanda Joseph (Unit Secretary); (12 ) Robert Lee (Correctional Counselor), (13) Jennifer Fultz, (Case Manager); and (14) Katherine Linaweaver (Associate Warden). (3) All constitutional claims asserted by Pla Richard Fulton are dismissed WITH PREJUDICE. (4) Judgment IS ENTERED in favor of the named defendants. (5) This is a FINAL and APPEALABLE ORDER and there is no just cause for delay. (6) The Court certifies that this action has been filed in bad faith (7) This action [7:08-CV-77-KKC] is DISMISSED WITH PREJUDICE and IS STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 7/30/09.(MCB)cc: COR w/NOE & copy w/NOE mailed via first class mail to Richard L. Fulton

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UNITED STATES DISTRICT COURT E A ST E RN DISTRICT OF KENTUCKY S O UT H E RN DIVISION AT PIKEVILLE CIVIL ACTION NO. 08-CV-77-KKC RICHARD L. FULTON VS: JU D G M E N T DEFENDANTS PLAINTIFF CORRE CTIO N A L OFFICER HAMILTON, ET AL. In accordance with the Memorandum Opinion and Order entered contemporaneously with this Judgment, and pursuant to Rule 58 of the Federal Rules of Civil Procedure, it is ORDERED AND ADJUDGED: (1) Plaintiff Richard L. Fulton, who is incarcerated in the United States Penitentiary located in Lewisburg, Pennsylvania, has filed a pro se civil rights complaint asserting claims under 28 U.S.C. 1331, pursuant to the doctrine announced in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). ( 2) The named defendants are:(1) Myron Batts (Associate Warden); (2) Paul Adams (Lieutenant); (3) Bobby Gourdouze (Emergency Preparedness Officer); (4) Frank Perrin, (Lieutenant); (5) Steven Parr (Facilities Manager); (6) Melissa Hamilton (Senior Officer); (7) Lloyd Gardner (Senior Officer); (8) Samiran Bhadra (Physician's Assistant); (9) George Roberts (Correctional Counselor); (10), Joseph George (Unit Manager); (11) Amanda Joseph (Unit Secretary); (12) Robert Lee (Correctional Counselor), (13) Jennifer Fultz, (Case Manager); and (14) Katherine Linaweaver (Associate Warden). (3) All constitutional claims asserted by Plaintiff Richard Fulton are dismissed W ITH PREJUDICE. (4) (5) for delay. (6) Judgment IS ENTERED in favor of the named defendants. This is a FINAL and APPEALABLE ORDER and there is no just cause The Court certifies that this action has been filed in bad faith and that any resulting appeal would not be taken in good faith. 28 U.S.C. 1915(a)(3); McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997); Kincade v. Sparkman, 117 F.3d 949 (6th Cir. 1997). (7) This action [7:08-CV-77-KKC] is DISMISSED WITH PREJUDICE and IS STRICK EN from the Court's active docket. Dated this 30th day of July, 2009. -2-

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