Smith v. USA

Filing 9

MEMORANDUM OPINION AND ORDER: 1. Deputy Clerk shall prepare a "Service Packet" for service upon USA. Service Packet shall include: a. a completed summons form; b. complaint 5 ; c. Order granting Plf in forma pauperis status 8 ; d. th is Order; and e. a completed USM Form 285. 2. Deputy Clerk shall deliver Service Packet to USMS in Lexington, Ky and note date of delivery in the docket. 3. USMS shall serve USA by sending a Service Packet by certified or registered mail to Civil P rocess Clerk at USA for EDKY; and Office of Attorney General of U.S. in Washington, D.C. 4. Smith must immediately advise Clerk's Office of any change in his current mailing address. Failure to do so may result in dismissal of this case< /b>. 5. If Smith wishes to seek relief from Court, he must do so by filing a formal motion sent to Clerk's Office. Any motion Smith files must include a written certification that he has mailed a copy of it to Dft or its counsel and state date of mailing. Court will disregard letters sent to judge's chambers or motions lacking a certificate of service. Signed by Judge Danny C. Reeves on 8/14/2020. (RCB)cc: COR and Jonathan Lee Smith by US Mail

Case: 7:20-cv-00094-DCR Doc #: 9 Filed: 08/14/20 Page: 1 of 3 - Page ID#: 64

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

MEMORANDUM OPINION
AND ORDER

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Federal inmate/Plaintiff Jonathan Lee Smith is currently confined at the United States
Penitentiary (“USP”)-Thomson in Thomson, Illinois. Proceeding without an attorney, Smith
has filed a complaint against the United States of America under the Federal Tort Claims Act,
28 U.S.C. § 2670 et seq. (“FTCA”). [Record No. 5] By prior Order, the Court granted Smith’s
motion to proceed in forma pauperis. [Record No. 8] Therefore, the Court now conduct a
preliminary review of Smith’s complaint pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A.1
Smith alleges negligence by Bureau of Prisons (“BOP”) staff related to a physical injury
that occurred while he was housed at the USP-Big Sandy located in Inez, Kentucky.
Specifically, Smith claims that he suffered from a shoulder injury when he was removed from
the ground by BOP staff by handcuffs while his hands were cuffed behind his back, which he
states violates BOP Policy. He also claims that BOP staff was negligent in the medical

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A district court must dismiss any claim that is frivolous or malicious, fails to state a claim
upon which relief may be granted, or seeks monetary relief from a defendant who is immune
from such relief. McGore v. Wrigglesworth, 114 F.3d 601, 607-08 (6th Cir. 1997), abrogated
on other grounds, Jones v. Bock, 549 U.S. 199 (2007).
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Case: 7:20-cv-00094-DCR Doc #: 9 Filed: 08/14/20 Page: 2 of 3 - Page ID#: 65

treatment provided for his shoulder injury. [Record No. 5] Smith seeks to pursue his
negligence claims against the United States pursuant to the FTCA, which permits an action
against the government for negligent or intentional acts committed by its employees during
the course of their employment. See 28 U.S.C. § 1346(b)(1).
The Court has reviewed the complaint pursuant to 28 U.S.C. §§ 1915(e), 1915A, and
concludes that a response is required. Because the Court has granted Smith pauper status, the
United States Marshals Service (“USMS”) will serve the Defendant with summons and copy
of the complaint on his behalf. Fed. R. Civ. P. 4(c)(3); 28 U.S.C. § 1915(d).
Accordingly, it is hereby
ORDERED as follows:
1.

The Deputy Clerk shall prepare a “Service Packet” for service upon the United
States of America. The Service Packet shall include:
a. a completed summons form;
b. the complaint [Record No. 5];
c. the Order granting Plaintiff in forma pauperis status [Record No. 8];
d. this Order; and
e. a completed USM Form 285.

2.

The Deputy Clerk shall deliver the Service Packet to the USMS in Lexington,
Kentucky and note the date of delivery in the docket.

3.

The USMS shall serve the United States of America by sending a Service Packet
by certified or registered mail to the Civil Process Clerk at the Office of the
United States Attorney for the Eastern District of Kentucky; and the Office of
the Attorney General of the United States in Washington, D.C.
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Case: 7:20-cv-00094-DCR Doc #: 9 Filed: 08/14/20 Page: 3 of 3 - Page ID#: 66

4.

Smith must immediately advise the Clerk’s Office of any change in his current
mailing address. Failure to do so may result in dismissal of this case.

5.

If Smith wishes to seek relief from the Court, he must do so by filing a formal
motion sent to the Clerk’s Office. Any motion Smith files must include a written
certification that he has mailed a copy of it to the Defendant or its counsel and
state the date of mailing. The Court will disregard letters sent to the judge’s
chambers or motions lacking a certificate of service.

Dated: August 14, 2020.

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