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TUNGATE v. THOMS

No. CIV.A. 01-271-JMH.

199 F.Supp.2d 608 (2002)

Charles TUNGATE Plaintiff v. Maryellen THOMS, et al. Defendants

United States District Court, E.D. Kentucky, Lexington Division.

February 13, 2002.

Attorney(s) appearing for the Case

Charles Tungate, FMC-Lexington, Lexington, KY, Pro se.

Mason Moore Kessinger, U.S. Attorney's Office, EDKY, Lexington, KY, for Kathleen M. Hawk-Sawyer, defendants.

David A. Arthur, Attorney General's Office, Indianapolis, IN, for William O. Smith, defendant.

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

This matter is before the court upon the motions of (1) Defendant Smith, by counsel, to dismiss or for summary judgment [Record No. 10]; (2) Defendant Sawyer-Hawk, by counsel, to dismiss or for summary judgment [Record No. 15]; Plaintiff Tungate for discovery and leave to amend his complaint [Record Nos. 19-20].

BACKGROUND

On July 5, 2001, the plaintiff, a prisoner at the...

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