KELLER v. WILKE, 15-14-HRW. (2015)
Court: District Court, E.D. Kentucky
Number: infdco20151116b17
Visitors: 5
Filed: Nov. 13, 2015
Latest Update: Nov. 13, 2015
Summary: ORDER HENRY R. WILHOIT, Jr. , District Judge . Sean Keller (Keller), a prisoner honsed at Little Sandy Correctional Complex (LSCC), has filed a civil rights complaint pursuant to 42 U.S.C. 1983 against Robert W. Wike (Wike), both individually and in Wike's official capacity as a corrections officer while employed at LSCC. The undersigned referred this matter to Magistrate Judge Edward B. Atkins for screening pursuant to 28 U.S. C. 1915A. Magistrate Judge Atkins recommends that the al
Summary: ORDER HENRY R. WILHOIT, Jr. , District Judge . Sean Keller (Keller), a prisoner honsed at Little Sandy Correctional Complex (LSCC), has filed a civil rights complaint pursuant to 42 U.S.C. 1983 against Robert W. Wike (Wike), both individually and in Wike's official capacity as a corrections officer while employed at LSCC. The undersigned referred this matter to Magistrate Judge Edward B. Atkins for screening pursuant to 28 U.S. C. 1915A. Magistrate Judge Atkins recommends that the all..
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ORDER
HENRY R. WILHOIT, Jr., District Judge.
Sean Keller (Keller), a prisoner honsed at Little Sandy Correctional Complex (LSCC), has filed a civil rights complaint pursuant to 42 U.S.C. § 1983 against Robert W. Wike (Wike), both individually and in Wike's official capacity as a corrections officer while employed at LSCC.
The undersigned referred this matter to Magistrate Judge Edward B. Atkins for screening pursuant to 28 U.S. C.§ 1915A. Magistrate Judge Atkins recommends that the allegations in Keller's Complaint relating to any monetary claims for relief against Wike in his official capacity warrant dismissal; however, the allegations in Keller's Complaint against Wike acting in his individual capacity, or those seeking declaratory relief in his official capacity, do not warrant dismissal.
No objections to the Magistrate's recommendation have been filed and the time for doing so has passed.
Accordingly, IT IS HEREBY ORDERED that the allegations in Keller's Complaint relating to any monetary claims against Wike in his official capacity will be DISMISSED WITH PREJUDICE.
Source: Leagle
