Smith v. Lappin et al

Filing 8

JUDGMENT: (1) Pla Phillippe L. Smith, confined in USP-Big Sandy located in Inez, KY, has filed a prisoner pro se civil rights action under 28:1331. Pla asserts claims pursuant to the doctrine announced in Bivens v. Six Unknown Federal Narcotics Agent s, 430 U.S. 388 (1971), as well as claims falling under ("FTCA"), 28:1346(b), 2671-2680. (2) Pla Smith has named the following defendants: (A) Harley Lappin, Director of BOP; (B) "Viaz," whom pla identifies as "Correctional A cting Captain"; (C) "Klute," whom pla identifies as "Correctional Officer"; (D) Lt. Perrin, whom pla identifies as "Correctional Lieutenant"; and; (E) "Unknown Correctional Associate Warden." (3) Plas Bive ns claims are DISMISSED WITHOUT PREJUDICE. (4) Judgment is ENTERED in favor of named dfts with respect to plas FTCA claims, and those claims are DISMISSED WITH PREJUDICE. (5) This is a FINAL and APPEALABLE ORDER and there is no just cause for delay. (6) Court certifies any appeal would not be taken in good faith. 28:1915(a)(3). (7) matter is STRICKEN from the active docket. Signed by Judge Amul R. Thapar. (TDA)cc: COR & Phillippe' L. Smith

UNITED STATES DISTRICT COURT E A ST E RN DISTRICT OF KENTUCKY S OUT H E RN DIVISION P IK E V IL L E PHIL L IPPE ` L. SMITH, P lai n tiff, v. HARLEY LAPPIN, et al., D efendan ts. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 08-218-ART

JU D G M E N T

*** *** *** *** 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 hereby ORDERED AND ADJUDGED as follows: (1 ) Plaintiff Phillippe' L. Smith, who is confined in the United States PenitentiaryBig Sandy ("USP-Big Sandy"), which is located in Inez, Kentucky, has filed a prisoner pro se civil rights action under 28 U.S.C. §1331. In his complaint, the plaintiff asserts claims pursuant to the doctrine announced in Bivens v. Six Unknown Federal Narcotics Agents, 430 U.S. 388 (1971), as well as claims falling under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 26712680. (2) Plaintiff Smith has named the following defendants: (A) Harley Lappin, Director of the Bureau of Prisons ("BOP"); (B) "Viaz,"whom the plaintiff identifies as "Correctional Acting Captain"; (C) "Klute," whom the plaintiff identifies as

"Correctional Officer"; (D) Lt. Perrin, whom the plaintiff identifies as "Correctional Lieutenant"; and; (E) "Unknown Correctional Associate Warden." (3) (4) The plaintiff's Bivens claims are DISMISSED WITHOUT PREJUDICE. Judgment is ENTERED in favor of the named defendants with respect to the plaintiff's FTCA claims, and those claims are DISMISSED WITH P R E J U D IC E . (5) T his is a FINAL and APPEALABLE ORDER and there is no just cause for d ela y. ( 6) The Court certifies that any appeal would not be taken in good faith. 28 U.S.C. § 1915(a)(3). (7) This matter is STRICKEN from the active docket.

This the 29th day of September, 2009.

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