McKelvey v. WRJ Staff et al
| Jamel McKelvey |
| WRJ Staff and Western Regional Jail |
| 3:2013cv22206 |
| October 3, 2013 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Cabell |
| Robert C. Chambers |
| Cheryl A. Eifert |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
283
MEMORANDUM OPINION AND ORDER overruling Defendant's 277 and 278 OBJECTIONS; accepting and incorporating Mag. Judge Eifert's 276 Findings and Recommendation; granting in part and denying in part the defendants' 211 , 213 , 217 , and 219 MOTIONS for Summary Judgment; Plaintiff's claims against these defendants in their official capacities are DISMISSED; however, Plaintiff's excessive force claims against these defendants in their personal capacities remain; gran ting in part and denying in part Defendant Aldridge's 215 MOTION for Summary Judgment; Plaintiff's claims against Aldridge in his official capacity are DISMISSED; however, Plaintiff's supervisory liability claim against Aldridge in h is personal capacity remains; dismissing without prejudice Plaintiff's claims against Administrator Clark and Coffey; the Court will issue a scheduling order with dates for the pretrial conference and trial. Signed by Judge Robert C. Chambers on 3/21/2016. (cc: attys; any unrepresented parties) (mkw)
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Filing
202
MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' 195 MOTION for a Protective Order; Defendants shall have 14 days from the date of this opinion to answer McKelvey's request for admissions consistent with this opinion; denying McKelvey's 154 MOTION for Supplemental Interrogatories; re: McKelvey's 175 MOTON to Compel, McKelvey has 7 days from the date of this opinion to file a detailed list of any documents that he has requested that were not produced by Defendants that he believes are relevant to his claims; Defendants will then have 7 days to file a response, or, 14 days to produce the documents requested; denying McKelvey's 181 MOTION to Compel More Complete Answers; denying McK elvey's 182 MOTION to Compel under Rule 37(b), Continued, 37(a); granting in part and denying in part McKelvey's 186 REQUEST to Inspect and Copy; Defendants shall have 14 days from the date of this opinion to produce the tooth fractures , if they retained possession of them, for McKelvey's inspection; denying McKelvey's 190 MOTION for Continuance to Request Discovery; denying McKelvey's 200 MOTION for Appointment of Counsel. Signed by Magistrate Judge Cheryl A. Eifert on 5/7/2015. (cc: attys; any unrepresented party) (mkw)
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Filing
192
MEMORANDUM OPINION AND ORDER accepting and incorporating the 161 and 162 Proposed Findings and Recommendations of the Magistrate Judge; denying Plaintiff's 178 Objections to the Proposed Findings and Recommendations; granting Defendant Jer ry Ryder's 102 Motion to Dismiss and dismissing, with prejudice, Plaintiff's Complaint against Defendant Jerry Ryder for failure to state a claim compensable at law; dismissing, with prejudice, Plaintiff's Complaint against Defendant Correctional Officer Ryder as barred by the statute of limitations; and granting Defendants Erwin, Chastain, and Chapman's 105 MOTION for summary judgment and dismissing Defendants Erwin, Chastain, and Chapman. Signed by Judge Robert C. Chambers on 3/25/2015. (cc: attys; any unrepresented parties) (mkw)
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Filing
151
MEMORANDUM OPINION AND ORDER denying Plaintiff's 143 DECLARATION/MOTION for Default Judgment against Mike Clark. Signed by Magistrate Judge Cheryl A. Eifert on 1/21/2015. (cc: Plaintiff, attys; any unrepresented party) (mkw)
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Filing
100
MEMORANDUM OPINION AND ORDER SEALING EXHIBIT directing that the exhibit attached to Plaintiff's 99 MOTION to Compel be SEALED; the sealed exhibit should be provided to Anspach Meeks Ellenberger LLC. Signed by Magistrate Judge Cheryl A. Eifert on 7/31/2014. (cc: Plaintiff, attys) (mkw)
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Filing
89
MEMORANDUM OPINION AND ORDER The Court accepts and incorporates herein the 80 findings and recommendation of the Magistrate Judge and Denies Plaintiff's motion to amend and add Defendants 60 to the extent that he seeks to add claims and Defen dants related to an 08/17/2011 assault; and Grants Defendants' Opposition to the motion to amend/Defendant's motion to dismiss amendment 61 consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 7/17/2014. (cc: attys; any unrepresented party) (skm)
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Filing
79
MEMORANDUM OPINION AND ORDER directing as follows: Plaintiff's 60 Request to add certain individuals as Defendants is construed as a motion for leave to amend the complaint, and is Granted, in part; granting Plaintiff leave to amend the compla int to add as defendants Correctional Officer Chapman, Correctional Officer Chastain, Correctional Officer Erwin, and Correctional Officer Coffee (for the September 11 incident only); within 10 days of the date of this Order, Defendants' counsel is Ordered to provide last known addresses for service of the summons and complaint upon these newly added defendants, or to advise the Clerk if counsel can accept service on their behalf; the 76 MOTION of C. O. Blankenship to Stay Proceedings is Denied at this time, without prejudice to the filing of a supplemental motion. Signed by Magistrate Judge Cheryl A. Eifert on 6/25/2014. (cc: Plaintiff, attys, and any unrepresented party) (skm)
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