Ward v. Kentucky State Reformatory et al

Filing 17

ORDER by Judge John G. Heyburn, II on 7/24/09; for the reasons set forth in 16 Memorandum & Opinion, the Plaintiff's 1983 claim against Aramark and his 1983 individual and official-capacity claims against Defendants Mark Geddes and Mashell McM illian are DISMISSED. Only Plaintiff's state-law claims are permitted to proceed against these Defendants. Further, the 1983 individual-capacity claims against Defendant Healthcare Grievance Committee members are DISMISSED. Because no claims remain against Defendant Healthcare Grievance Committee, the Clerk of Court is DIRECTED to terminate this Defendant from this action. cc:Plaintiff Ward, pro se, Defendants, General Counsel, Justice & Public Safety Cabinet (SC)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE DAVID ALLEN WARD v. KENTUCKY STATE REFORMATORY et al. ORDER For the reasons set forth in the Memorandum Opinion entered this date, and the Court being otherwise sufficiently advised, IT IS ORDERED that Plaintiff's claim under 42 U.S.C. § 1983 against Aramark and his § 1983 individual and official-capacity claims Defendants Mark Geddes and Mashell McMillian are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. Only Plaintiff's state-law claims are permitted to proceed against these Defendants. Further, the § 1983 individual-capacity claims against Defendant Healthcare Grievance Committee members are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. Because no claims remain against Defendant Healthcare Grievance Committee, the Clerk of Court is DIRECTED to terminate this Defendant from this action. Date: July 24, 2009 PLAINTIFF CIVIL ACTION NO. 3:09CV-P315-H DEFENDANTS cc: Plaintiff Ward, pro se Defendants General Counsel, Justice & Public Safety Cabinet 4412.010

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