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Suit by former candidate still in federal court

The lawsuit of a man who was kicked off the ballot in the May 2018 election for Commonwealth’s Attorney because he was not a lawyer is continuing to slog its way through federal court more than a year after it was filed.

Chief Judge Karen Caldwell of the Eastern District of Kentucky last week filed an order denying a motion by Ellis Keyes for a default judgment against Commonwealth’s Attorney Edison Banks, saying she will assign the case to a U.S. magistrate. Caldwell denied Keye’s motion for a summary judgment, and his motion for a default judgment.

Keyes had asked that Banks be removed from office and he be installed because he said Banks failed to notify him of his answer to a motion and because he missed a deadline for filing a response. Caldwell ruled against him, noting that he also failed to include a certificate of service in his motion. She granted Banks an extension of time.

Earlier this year, Caldwell rejected a proposed order by Banks’s attorney that would have dismissed Keyes’s case and banned him from making any more filings in the case forever.

Keyes on Tuesday filed a notice of appeal to the U.S. Court of Appeals.

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