Sunshine v. Jividen
Plaintiff: Brianna Ann Sunshine and William Allen LaRue
Defendant: Betsy C. Jividen and WV Division of Corrections and Rehabilitation
Case Number: 2:2021cv00241
Filed: June 7, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Omar J Aboulhosn
Referring Judge: Irene C Berger
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2021 Opinion or Order Filing 40 LETTER to Brianna Ann Sunshine, from Rory L. Perry II dated 8/5/2021, re: #37 letter requesting copy of updated docket sheet and Federal and Local Rules of Civil Procedure. (klc)
August 4, 2021 Opinion or Order Filing 39 ADDITIONAL DOCUMENTATION by Brianna Ann Sunshine in support of #1 Complaint. (Attachment: #1 Envelope) (kew)
August 4, 2021 Opinion or Order Filing 38 ADDITIONAL DOCUMENTATION by Brianna Ann Sunshine in support of #1 Complaint. (kew)
August 4, 2021 Opinion or Order Filing 37 LETTER to Clerk of Court, from Brianna Ann Sunshine dated 8/2/2021, re: request for updated docket sheet and Federal and Local Rules of Civil Procedure. (kew)
August 2, 2021 Opinion or Order Filing 36 MOTION by Brianna Ann Sunshine for Issuance of a Subpoena for HCCJ Inmate Medical Records Dept. Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
August 2, 2021 Opinion or Order Filing 35 MOTION by Brianna Ann Sunshine for Issuance of a Subpoena for HCCJ Inmate Records Dept. Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
August 2, 2021 Opinion or Order Filing 34 MOTION by Brianna Ann Sunshine for Issuance of a Subpoena for Capt. Brian L. Scott. Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
August 2, 2021 Opinion or Order Filing 33 MOTION by Brianna Ann Sunshine for Issuance of a Subpoena for Gina Hamilton. Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
August 2, 2021 Opinion or Order Filing 32 ADDITIONAL DOCUMENTATION by Brianna Ann Sunshine in support of #1 Complaint. (kew)
August 2, 2021 Opinion or Order Filing 31 CERTIFICATE OF SERVICE by Brianna Ann Sunshine for 6th Request for Production of Documents. (kew)
August 2, 2021 Opinion or Order Filing 30 CERTIFICATE OF SERVICE by Brianna Ann Sunshine for 5th Request for Production of Documents. (kew)
August 2, 2021 Opinion or Order Filing 29 CERTIFICATE OF SERVICE by Brianna Ann Sunshine for 4th Request for Production of Documents. (kew)
August 2, 2021 Opinion or Order Filing 28 CERTIFICATE OF SERVICE by Brianna Ann Sunshine for 3rd Request for Production of Documents. (kew)
July 28, 2021 Opinion or Order Filing 27 ADDITIONAL DOCUMENTATION by Brianna Ann Sunshine. (lca)
July 28, 2021 Opinion or Order NOTICE OF DOCKET CORRECTION re: #24 Second Motion by Brianna Ann Sunshine for A Preliminary Injunction. ERROR: Page 2 was missing from image. CORRECTION: Page 2 added to image. (ts)
July 26, 2021 Opinion or Order Filing 26 MOTION by Brianna Ann Sunshine for Preliminary Injunction. Motion referred to Magistrate Judge Omar J. Aboulhosn. (ts)
July 26, 2021 Opinion or Order Filing 25 MOTION by Brianna Ann Sunshine for Summary Judgment. Motion referred to Magistrate Judge Omar J. Aboulhosn. (ts)
July 26, 2021 Opinion or Order Filing 24 SECOND MOTION by Brianna Ann Sunshine for A Preliminary Injunction. (Attachment: #1 Envelope) Motion referred to Magistrate Judge Omar J. Aboulhosn. (lca) (Modified on 7/28/2021 to add missing page 2) (ts).
July 22, 2021 Opinion or Order Filing 23 ORDER denying #22 MOTION for Appointment of Counsel. Signed by Magistrate Judge Omar J. Aboulhosn on 7/22/2021. (cc: counsel of record; Plaintiff) (lca)
July 21, 2021 Opinion or Order Filing 22 MOTION by Brianna Ann Sunshine for Appointment of Counsel. (Attachment: #1 Envelope) Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
July 21, 2021 Opinion or Order Filing 21 CERTIFICATE OF SERVICE by Brianna Ann Sunshine for First Set of Interrogatories to Defendant. (Attachment: #1 Envelope) (kew)
July 21, 2021 Opinion or Order Filing 20 CERTIFICATE OF SERVICE by Brianna Ann Sunshine for First Request for Admission. (kew)
July 21, 2021 Opinion or Order Filing 19 CERTIFICATE OF SERVICE by Brianna Ann Sunshine for Second Request for Production of Documents. (kew)
July 21, 2021 Opinion or Order Filing 18 NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL by Philip B. Sword in lieu of Anthony D. Eates II on behalf of Betsy C. Jividen. (Sword, Philip)
July 19, 2021 Opinion or Order Filing 17 PLAINTIFF'S EXHAUSTION OF LEGAL REMEDIES by Brianna Ann Sunshine. (tmr)
July 19, 2021 Opinion or Order Filing 16 CERTIFICATE OF SERVICE by Brianna Ann Sunshine Plaintiff's First Request for Production of Documents. (tmr)
June 29, 2021 Opinion or Order Filing 15 SCHEDULING ORDER: Discovery requests to be completed by 10/29/2021. Dispositive Motions/Motions for Summary Judgment (Rule 56) due by 11/29/2021, with responses due by 12/29/2021, and replies due by 1/11/2022. Signed by Magistrate Judge Omar J. Aboulhosn on 6/29/2021. (cc: Plaintiff, pro se; counsel of record) (arb)
June 29, 2021 Opinion or Order Filing 14 ANSWER TO #1 Complaint by Betsy C. Jividen.(Eates, Anthony)
June 10, 2021 Opinion or Order Filing 12 MEMORANDUM OF LAW by Brianna Ann Sunshine in support of #1 Complaint. (lca)
June 7, 2021 Opinion or Order Filing 11 SUMMONS ISSUED by the Clerk for Betsy C. Jividen, re: #1 Complaint, returnable 21 days. (Attachment: #1 certified mail receipt) (lca)
June 7, 2021 Opinion or Order Filing 10 ORDER granting #4 APPLICATION to Proceed Without Prepayment of Fees; directing that the Clerk shall issue process in this case by preparing and serving a Summons and a copy of Plaintiff's Complaint, Declaration, and Memorandum of Law in Support upon the Defendant Jividen as specified in Rule 4 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Omar J. Aboulhosn on 6/7/2021. (cc: Plaintiff, counsel of record, prisoner accounts at Huttonsville) (lca)
May 5, 2021 Opinion or Order Filing 9 DECLARATION by Brianna Ann Sunshine. (kew)
April 30, 2021 Opinion or Order Filing 8 SUMMONS SUBMITTED by Brianna Ann Sunshine for Betsy C. Jividen, re: #1 Complaint. (kew)
April 30, 2021 Opinion or Order Filing 7 NOTICE OF CHANGE OF ADDRESS by Brianna Ann Sunshine. (kew)
April 30, 2021 Opinion or Order Filing 6 MEMORANDUM OF LAW by Brianna Ann Sunshine in support of #1 Complaint. (kew)
April 30, 2021 Opinion or Order Filing 5 MOTION by Brianna Ann Sunshine for Appointment of Counsel. Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
April 26, 2021 Opinion or Order Filing 4 APPLICATION by Brianna Ann Sunshine to Proceed without Prepayment of Fees or Costs. (Attachments: #1 Resident Activity Report, #2 Envelope) Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
April 19, 2021 Opinion or Order Filing 3 ORDER directing Plaintiff to either pay the filing fee totaling $402 or file an Application to Proceed Without Prepayment of Fees or Costs by 5/19/2021; the Clerk is directed to mail a blank Application to Proceed Without Prepayment of Fees or Costs to Plaintiff. Signed by Magistrate Judge Omar J. Aboulhosn on 4/19/2021. (cc: Plaintiff) (kew)
April 19, 2021 Opinion or Order Filing 2 ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Proposed Findings & Recommendations. (cc: attys; any unrepresented party) (klc)
April 16, 2021 Opinion or Order CASE assigned to Judge Irene C. Berger. (klc)
April 16, 2021 Opinion or Order Filing 1 COMPLAINT. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet, #3 Envelope) (kew)

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Plaintiff: Brianna Ann Sunshine
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Plaintiff: William Allen LaRue
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Defendant: Betsy C. Jividen
Represented By: Philip B. Sword
Represented By: Anthony D. Eates, III
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Defendant: WV Division of Corrections and Rehabilitation
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