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Lewis v. Duck

United States District Court, E.D. Kentucky, Southern Division, London

March 31, 2014

LIEUTENANT DUCK, et al., Defendants.


KAREN K. CALDWELL, Chief District Judge.

Plaintiff William Solomon Lewis is currently confined by the Bureau of Prisons ("BOP") in the United States Penitentiary ("USP")-Hazelton, located in Bruceton Mills, West Virginia. Proceeding without counsel, Lewis has filed a civil rights complaint, asserting constitutional claims under 28 U.S.C. § 1331, pursuant to the doctrine announced in Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). [R. 1] By separate Order, the court has granted Lewis's motion to proceed in forma pauperis.

The Court has conducted a preliminary review of Lewis's complaint because he asserts claims against a government official and because he has been granted pauper status. 28 U.S.C. §§ 1915(e)(2)(B), 1915A. Because Lewis is not represented by an attorney, the Court liberally construes his claims and accepts his factual allegations as true. Erickson v. Pardus, 551 U.S. 89, 94 (2007); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 (2007).


In March and April 2012, Lewis was confined in the Special Housing Unit of USP-McCreary, located in Pine Knot, Kentucky. Lewis alleges that on several occasions between March 23, 2012, and April 3, 2012, the named defendants, Lieutenant Duck and "Mr. Griffith, LVN, " both of whom he identifies as USP-McCreary officials, either refused to give him his prescription HIV medications, or unduly delayed administering those medications to him, causing him to experience undue pain and suffering. Lewis contends that the defendants' alleged actions (or failure to act) amounted to deliberate indifference to his serious medical needs in violation of the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment. [R. 1, pp. 2-4]

Lewis exhausted his claims pursuant to the BOP's administrative remedy process, but was denied relief at all levels. See Warden's Response [R. 1-1, p. 2]; Regional Office's Response [ Id., p. 4]; and Central Office's Response [ Id., pp. 7-8].[1] In his complaint, Lewis seeks $250, 000 in compensatory damages; $250, 000 in punitive damages; and $50, 000 in "nominal" damages, to compensate him for his alleged pain and suffering. [R. 1, p. 8, § VI]

The Court concludes that Lewis's complaint warrants a response from the defendants, and the London Clerk's Office will issue summons for the defendants. Because Lewis has been granted pauper status, the United States Marshals Service ("USMS") will serve the summons and complaint on his behalf. See Fed.R.Civ.P. 4(c)(3); 28 U.S.C. § 1915(d).


Accordingly, IT IS ORDERED that:

1. A Deputy Clerk in the London Clerk's Office shall prepare a "Service Packet" for the names defendants, Lieutenant Duck, official of USP-McCreary and "Mr. Griffith, LVN, " official of USP-McCreary. The Service Packet shall include:

(a) a completed summons form;
(b) the complaint [R. 1] and all attachments thereto;
(c) this Order; and
(d) a completed USM Form 285.

2. The London Deputy Clerk shall send the Service Packets to the USMS in Lexington, Kentucky.

3. For each defendant to be served, the USMS shall serve them by:

a. 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;
b. Sending a Service Packet for Settles by certified or registered mail to the Office of the Attorney General of the United States in Washington, D.C.; and
c. Personally serving the defendants with a Service Packet through arrangement with the Federal Bureau of Prisons.

4. The USMS is responsible for ensuring that the defendants are successfully served with process. In the event that an attempt at service upon any defendant is unsuccessful, the USM shall make further attempts and shall ascertain such information as is necessary to ensure successful service

5. Within 40 days of the date of entry of this Order, the USMS Office shall send a Service Report to the London Clerk's Office, which the Deputy Clerk shall file in the record, which states whether service has been accomplished with respect to the Defendant.

(a). If a defendant is served by certified mail, the Service Report shall include:

(1). a copy of the green card showing proof of service; or

(2). a statement that the green card was not returned from the U.S. Postmaster, along with a "Track-and-Confirm" report from the U.S. Postal Service showing that a proof of delivery does not exist.

b. If a defendant is personally served, the Service Report shall indicate:

(1). that the defendant was successfully served personally, or

(2). a statement explaining why the defendant could not be serves and what efforts are being taken to locate the defendant and accomplish personal service.

6. Lewis must immediately advise the London Clerk's Office of any change in his current mailing address. Failure to do so may result in dismissal of this case. Lewis must communicate with the Court solely through notices or motions filed with the London Clerk's Office. The Court will disregard correspondence sent directly to the judge's chambers.

7. With every notice or motion filed with the Court, Lewis must (a) mail a copy to each defendant (or his or her attorney); and (b) at the end of the notice or motion, certify that he has mailed a copy to each defendant (or his or her attorney) and the date on which this was done. The Court will disregard any notice or motion which does not include this certification.

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