Smith v. Western Regional Jail
| William E. Smith |
| West Virginia Regional Jail & Correctional Facility Authority, Correctional Officer Berlin, Correctional Officer Blankenship, Correctional Officer Lambert, Correctional Officer Marcum, Michael Clark, Correctional Officer Vanmeter, Correctional Officer Goodwin and Western Regional Jail |
| 3:2012cv07358 |
| January 24, 2013 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Cabell |
| Robert C. Chambers |
| Cheryl A. Eifert |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
198
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATIONS The Magistrate Judge has submitted findings of fact and recommended that this Court grant summary judgment in favor of Defendants Goodwin, Vanmeter, Berlin, Blankenship, and Clark 170 173 and [ 175] and remove them from the style of this case; grant summary judgment in favor of Defendant Lambert on all claims except Plaintiff's claims of supervisory liability and retaliation; allowing thise claims to proceed to trial 175 ; grant in pa rt, and deny, in part, Plaintiff's motion in opposition to Defendants' motions for summary judgment 180 and permit his Eighth Amendment claim for the use of excessive force and his State law claim of battery against Defendant Marcum to pr oceed to trial and reconsider Plaintiff's motion for appointment of counsel 88 and appoint counsel to assist Plaintiff at trial in this civil action, and set a pretrial and trial schedule for these matters; the Court denies plaintiff's ob jections to the Magistrate's Proposed findings and recommendations, the Court Denies plaintiff's objections and Accepts and Incorporates 192 Proposed Findings and Recommendations by Magistrate Judge; as part of the recommendations of the Magistrate Judge recommends this Court reconsider Plaintiff's motion for appointment of counsel, upon reconsideration, the Court affirms its prior decision; the Court will schedule a pretrial hearing, final settlement conference, and trail by separate Order. Signed by Judge Robert C. Chambers on 9/30/2014. (cc: attys; any unrepresented party) (skm)
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Filing
168
ORDER The Court Denies Plaintiff's objections, Adopts and Incorporates the 165 Proposed Findings and Recommendations of the Magistrate Judge and denies Plaintiff's 141 MOTION for Partial Summary Judgment. Signed by Judge Robert C. Chambers on 1/17/2014. (cc: attys; any unrepresented party, Magistrate Judge Eifert) (skm)
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Filing
166
ORDER The Court Grants, in part, and Denies, in part, Plaintiff's Motion to Amend Damages and Motion for Leave to Amend Damages 138 & 147 ; Plaintiff's motion to strike the Defendants' response in opposition to his motions to amend is Denied 150 . Signed by Magistrate Judge Cheryl A. Eifert on 12/20/2013. (cc: attys; any unrepresented party) (skm)
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Filing
137
MEMORANDUM OPINION AND ORDER OF FIRST DISCOVERY STATUS CONFERENCE directing as follows: denying Plaintiff's 88 MOTION for the Appointment of Counsel; denying Plaintiff's 109 MOTION for an order directing the Clerk of the United States District Court for the Northern District of Ohio to transfer certain documents filed in that District to this civil action; granting Plaintiff's 113 MOTION to Compel Discovery to the extent that Defendants have additional information not pr eviously provided to Plaintiff; Defendants shall have 20 days in which to complete their search and supplement their production, if necessary; if no other responsive documents exist, Defendants shall so advise Plaintiff; granting in part and denying in part Plaintiff's 126 MOTION to Compel Plaintiff to provide a signed authorization for the release of medical records and for sanctions; denying as moot Defendants' 127 MOTION to Compel Plaintiff to sign an authorization for the re lease of correctional records; denying Plaintiff's 133 MOTION for Taking Deposition of Michael Smith; Telephonic Status Conference set for 10/28/2013 at 1:30 p.m. at Huntington; directing Plaintiff to notify the Court of his location two weeks in advance of the status conference so that his presence at the conference can be arranged. Signed by Magistrate Judge Cheryl A. Eifert on 7/29/2013. (cc: Plaintiff, attys; any unrepresented party) (mkw)
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Filing
135
MEMORANDUM OPINION AND ORDER: Accepting and incorporating Magistrate Judge Eifert's 116 PF&R; granting the 74 MOTION and the 90 AMENDED MOTION by West Virginia Regional Jail & Correctional Facility Authority, Western Regional Jail to Dism iss Plaintiff's 21 Amended Complaint; denying the 79 MOTION by William E. Smith in opposition to the 74 MOTION by West Virginia Regional Jail & Correctional Facility Authority for Summary Judgment; granting the 108 MOTION by William E . Smith to Release West Virginia Regional Jail Facility Authority and Division Western Regional Jail Facility as Individual Defendants; dismissing plaintiff's complaint and amended complaint, with prejudice, against the Western Regional Jail & C orrectional Facility Authority and the Western Regional Jail, the same to continue to pend against the remaining defendants; removing the West Virginia Regional Jail & Correctional Facility Authority and the Western Regional Jail as defendants from the style of this civil action. Signed by Judge Robert C. Chambers on 7/18/2013. (cc: attys; any unrepresented party) (skm) Modified docket text on 7/18/2013 to include all judicial action. (ras)
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Filing
71
MEMORANDUM OPINION AND ORDER denying Plaintiff's 38 OBJECTIONS; ACCEPTING AND INCORPORATING the 29 Proposed Findings and Recommendations of the Magistrate Judge, and denying Plaintiff's 7 MOTION for Emergency Preliminary Injunctive Relief in Form of Temporary Restraining Order on Defendant. Signed by Judge Robert C. Chambers on 3/5/2013. (cc: Magistrate Judge Cheryl A. Eifert, all counsel of record, and any unrepresented parties) (mkw)
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