Smith v. USA

Filing 31

JUDGMENT: 1. The claims contained in Plf's Amended Complaint 5 are DISMISSED, as follows: a. Plf's "negligent lifting" claim regarding his extraction from his cell on April 15, 2019, is DISMISSED, with prejudic e, and Judgment is ENTERED in favor of Dft on this claim. b. Plf's "medical negligence" claim related to his medical treatment and transfer in November 2019 is DISMISSED, without prejudice. 2. This action is DISMISSED and STRICKEN from Court's docket. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Danny C. Reeves on 2/19/2021. (RCB)cc: COR and Jonathan Lee Smith by US Mail

Case: 7:20-cv-00094-DCR Doc #: 31 Filed: 02/19/21 Page: 1 of 2 - Page ID#: 215

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
(at Pikeville)
JONATHAN LEE SMITH,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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Civil Action No. 7: 20-094-DCR

JUDGMENT

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Consistent with the Memorandum Opinion and Order entered on January 20, 2021, and
the Court’s Memorandum Opinion and Order entered this date, and pursuant to Rule 58 of the
Federal Rules of Civil Procedure, it is hereby
ORDERED and ADJUDGED that:
1.

The claims contained in the Plaintiff’s Amended Complaint [Record No. 5] are

DISMISSED, as follows:
a.

Plaintiff’s “negligent lifting” claim regarding his extraction from his cell
on April 15, 2019, is DISMISSED, with prejudice, and Judgment is
ENTERED in favor of the Defendant on this claim.

b.

Plaintiff’s “medical negligence” claim related to his medical treatment
and transfer in November 2019 is DISMISSED, without prejudice.

2.

This action is DISMISSED and STRICKEN from the Court’s docket.

3.

This is a FINAL and APPEALABLE Judgment and there is no just cause for

delay.
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Case: 7:20-cv-00094-DCR Doc #: 31 Filed: 02/19/21 Page: 2 of 2 - Page ID#: 216

Dated: February 19, 2021.

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