Wohlford et al v. Davis et al

Plaintiff: Kevin Ballance and Phillip S Wohlford
Defendant: Harold Clarke, Naff, Mayo, Zook, A. David Robinson, C. Crumpler, Marion, Melvin Davis, John Doe/Spencer, Sims and Evans
Case Number: 1:2019cv00330
Filed: March 21, 2019
Court: US District Court for the Eastern District of Virginia
Office: Alexandria Office
0 Judge: Leonie M Brinkema
1 Judge: Michael S Nachmanoff
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Docket Report

This docket was last retrieved on March 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2019 Notification of transfer of Petition for Writ of Habeas Corpus from the Western District of VA Case No. 7:18cv224 to the Eastern District of Virginia. (ldab, )
March 21, 2019 Filing 58 Case transferred in from District of Virginia Western; Case Number 7:18-cv-00224. Original file and docket sheet received. (Additional attachment(s) added on 3/21/2019: #2 Report Prisoner Data Sheet) (ldab, ).
March 20, 2019 Opinion or Order Filing 57 Order transferring case to U.S. District Court for the Eastern District of Virginia. Signed by Senior Judge Glen E. Conrad on 3/20/2019. (tvt) [Transferred from Virginia Western on 3/21/2019.]
March 20, 2019 Opinion or Order Filing 56 ORDER dismissing as moot #47 Motion to Dismiss; granting #17 Motion to Amend/Correct, and that amended claim is DISMISSED WITHOUT PREJUDICE; granting #22 Motion to Sever; dismissing as moot #24 Motion for Summary Judgment; and the remainder of the action is TRANSFERRED to the United States District Court for the Eastern District of Virginia; this action is STRICKEN from the active docket of this court (Opinion and Order mailed to Pro Se Parties). Signed by Senior Judge Glen E. Conrad on 3/20/2019. (tvt) [Transferred from Virginia Western on 3/21/2019.]
March 20, 2019 Filing 55 MEMORANDUM OPINION. Signed by Senior Judge Glen E. Conrad on 3/20/2019. (tvt) [Transferred from Virginia Western on 3/21/2019.]
March 6, 2019 Filing 54 NEFs and copies of document nos. 37 , #38 , #39 , #40 , #41 , #42 , #45 , #47 , #48 , and #49 mailed to Phillip S Wohlford at 11793 Stewartsville Rd Vinton, VA 24179. (sas) [Transferred from Virginia Western on 3/21/2019.]
March 6, 2019 Filing 53 NOTICE of Change of Address for Phillip S Wohlford (as of 9/28/18) by Kevin Balance. (per #36 Letter) (sas) [Transferred from Virginia Western on 3/21/2019.]
February 22, 2019 Filing 52 CORRECTED Roseboro Notice and Notice to Parties of Right to Consent to Jurisdiction of United States Magistrate Judge re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Deadline set for 3/18/2019. (slt) [Transferred from Virginia Western on 3/21/2019.]
February 22, 2019 Filing 51 Response re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Kevin Ballance. (slt) [Transferred from Virginia Western on 3/21/2019.]
February 19, 2019 Filing 50 Objections by Plaintiffs Kevin Ballance, Phillip S Wohlford re #47 Motion to Dismiss for Failure to State a Claim (aab) [Transferred from Virginia Western on 3/21/2019.]
February 11, 2019 Filing 49 Roseboro Notice and Notice to Parties of Right to Consent to Jurisdiction of United States Magistrate Judge re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Deadline set for 3/7/2019. (slt) [Transferred from Virginia Western on 3/21/2019.]
February 8, 2019 Filing 48 Brief / Memorandum in Support re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Harold Clarke, A. David Robinson. (O'Shea, Margaret) [Transferred from Virginia Western on 3/21/2019.]
February 8, 2019 Filing 47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Harold Clarke, A. David Robinson. (O'Shea, Margaret) [Transferred from Virginia Western on 3/21/2019.]
January 8, 2019 Filing 46 Mail Returned as Undeliverable: re #45 Order on Motion to Compel regarding Phillip S Wohlford; (No forwarding address given) (aab) [Transferred from Virginia Western on 3/21/2019.]
December 26, 2018 Opinion or Order Filing 45 ORDER denying #44 Motion to Compel. Signed by Magistrate Judge Pamela Meade Sargent on 12/26/2018. (tvt) [Transferred from Virginia Western on 3/21/2019.]
December 21, 2018 Filing 44 MOTION to Compel by Kevin Ballance.Motions referred to Judge Pamela Meade Sargent. (slt) [Transferred from Virginia Western on 3/21/2019.]
December 18, 2018 Filing 43 Objections by Plaintiffs Kevin Ballance, Phillip S Wohlford re #38 Order on Motion for Default Judgment, Order on Motion to Compel (tvt) [Transferred from Virginia Western on 3/21/2019.]
December 14, 2018 Filing 42 WAIVER OF SERVICE Returned Executed by A. David Robinson, Harold Clarke. A. David Robinson waiver sent on 12/13/2018, answer due 2/11/2019; Harold Clarke waiver sent on 12/13/2018, answer due 2/11/2019.(O'Shea, Margaret) [Transferred from Virginia Western on 3/21/2019.]
December 14, 2018 Filing 41 NOTICE of Appearance by Margaret Hoehl O'Shea on behalf of Harold Clarke, A. David Robinson (O'Shea, Margaret) [Transferred from Virginia Western on 3/21/2019.]
December 13, 2018 NOTICE re #40 Clerk's Office has added defendants A. David Robinson and Harold Clarke as defendants per Complaint page 2- Request for Waivers of Service of Summons issued as to these two defendants (tvt) [Transferred from Virginia Western on 3/21/2019.]
December 13, 2018 Filing 40 REQUEST FOR WAIVER of Service sent to A. David Robinson & Harold Clarke on 12/13/2018. Waiver of Service due by 1/14/2019.(tvt) [Transferred from Virginia Western on 3/21/2019.]
November 28, 2018 Opinion or Order Filing 39 ORDER that pursuant to Federal Rules of Civil Procedure Rule 11(a), any further pleadings filed on behalf of both plaintiffs must be signed by both plaintiffs. Should the plaintiffs tender a joint pleading to the court that is signed by only of them, the pleading will be received and filed only as to the plaintiff who signed the pleading. Signed by Magistrate Judge Pamela Meade Sargent on 11/28/2018. (tvt) [Transferred from Virginia Western on 3/21/2019.]
November 27, 2018 Opinion or Order Filing 38 ORDER denying #33 Motion for Default Judgment ; denying #34 Motion to Compel; granting #35 Motion for Extension of Time to File Response/Reply( Responses due by 12/19/2018). Signed by Magistrate Judge Pamela Meade Sargent on 11/27/2018. (slt) [Transferred from Virginia Western on 3/21/2019.]
November 9, 2018 Filing 37 Pursuant to STANDING ORDER 2018-9, the U.S. Magistrate Judge Pamela Meade Sargent is referred to this case. Magistrate Judge Robert S. Ballou no longer assigned to the case. Motions referred to Pamela Meade Sargent. (sas) [Transferred from Virginia Western on 3/21/2019.]
September 28, 2018 Filing 36 Letter re: other plaintiff's lack of receipt of documents by Kevin Ballance (sas) [Transferred from Virginia Western on 3/21/2019.]
September 26, 2018 Filing 35 MOTION for Extension of Time to File Response/Reply as to #24 MOTION for Summary Judgment by Kevin Ballance.Motions referred to Judge Robert S. Ballou. (tvt) [Transferred from Virginia Western on 3/21/2019.]
September 26, 2018 Filing 34 MOTION to Compel Discovery by Kevin Ballance.Motions referred to Judge Robert S. Ballou. (tvt) [Transferred from Virginia Western on 3/21/2019.]
September 20, 2018 Filing 33 MOTION for Default Judgment as to by Kevin Ballance. (Attachments: #1 cover letter and envelope)(sas) [Transferred from Virginia Western on 3/21/2019.]
September 20, 2018 Filing 32 Motion of Objection re #22 MOTION to Sever and Transfer Venue MOTION to Change Venue filed by Kevin Ballance. (Attachments: #1 cover letter and envelope)(sas) [Transferred from Virginia Western on 3/21/2019.]
September 19, 2018 Filing 31 Objections by Plaintiff Kevin Ballance re #21 Response (Attachments: #1 cover letter & envelope)(sas) [Transferred from Virginia Western on 3/21/2019.]
September 17, 2018 Filing 30 Letter re: mail delivery refusal by Kevin Ballance (sas) [Transferred from Virginia Western on 3/21/2019.]
September 12, 2018 Filing 29 Subpoenas issued to David Robinson, filed by Kevin Ballance. (Attachments: #1 Subpoena - David Robinson, #2 Subpoena - David Robinson) (Original issued subpoenas mailed to Kevin Balance, 1106000, Sussex 1 State Prison, 2A13, 24414 Musselwhite Dr, Waverly, Va 23891. (sas) [Transferred from Virginia Western on 3/21/2019.]
September 12, 2018 Filing 28 Proposed subpoenas for David Robinson filed by Kevin Ballance. (Attachments: #1 subpoena: David Robinson #2, #2 subpoena: David Robinson #3, #3 note, #4 Envelope)(sas) [Transferred from Virginia Western on 3/21/2019.]
September 12, 2018 Filing 27 AFFIDAVIT re #25 Brief / Memorandum in Support,, by C. Crumpler, Melvin Davis, John Doe/Spencer, Evans, Marion, Mayo, Naff, Sims, Zook (O'Shea, Margaret) [Transferred from Virginia Western on 3/21/2019.]
September 11, 2018 Filing 26 Roseboro Notice and Notice to Parties of Right to Consent to Jurisdiction of United States Magistrate Judge re #24 MOTION for Summary Judgment Deadline set for 10/5/2018. (slt) [Transferred from Virginia Western on 3/21/2019.]
September 11, 2018 Filing 25 Brief / Memorandum in Support re #24 MOTION for Summary Judgment . filed by C. Crumpler, Melvin Davis, Marion, Naff, Sims. (Attachments: #1 Exhibit 1 - Crumpler Affidavit, #2 Exhibit 2 - Naff Affidavit, #3 Exhibit 3 - Spencer Interrogatories, #4 Exhibit 4 - Spencer Second Interrogatories, #5 Exhibit 5 - Marion Interrogatories, #6 Exhibit 6 - Davis Interrogatories, #7 Exhibit 7 - Crumpler Interrogatories, #8 Exhibit 8 - OP 803.2, #9 Exhibit 9 - OP 866.1, #10 Exhibit 10 - Robinson Affidavit)(O'Shea, Margaret) [Transferred from Virginia Western on 3/21/2019.]
September 10, 2018 Filing 24 MOTION for Summary Judgment by C. Crumpler, Melvin Davis, Marion, Naff, Sims. (O'Shea, Margaret) [Transferred from Virginia Western on 3/21/2019.]
September 10, 2018 Filing 23 Brief / Memorandum in Support re #22 MOTION to Sever and Transfer Venue . filed by John Doe/Spencer, Evans, Mayo, Zook. (O'Shea, Margaret) [Transferred from Virginia Western on 3/21/2019.]
September 10, 2018 Filing 22 MOTION to Sever and Transfer Venue by John Doe/Spencer, Evans, Mayo, Zook.Motions referred to Judge Robert S. Ballou. (O'Shea, Margaret). Added MOTION to Change Venue on 9/11/2018 (sas). [Transferred from Virginia Western on 3/21/2019.]
September 10, 2018 Filing 21 Response re #15 Prisoner Document . filed by C. Crumpler, Melvin Davis, John Doe/Spencer, Evans, Marion, Mayo, Naff, Sims, Zook. (Attachments: #1 Exhibit A - Discovery Responses)(O'Shea, Margaret) [Transferred from Virginia Western on 3/21/2019.]
September 5, 2018 Filing 20 Request for Copies of twelve blank subpoenas by Kevin Balance. (Clerk mailed request to defendant) (aab) [Transferred from Virginia Western on 3/21/2019.]
August 31, 2018 Filing 19 Subpoena issued to David Robinson, filed by Kevin Ballance. (Original issued subpoena mailed to Kevin Balance, #1106000, Sussex 1 State Prison, 24414 Musselwhite Dr, Waverly, Va 23891 (sas) [Transferred from Virginia Western on 3/21/2019.]
August 31, 2018 Filing 18 Proposed Subpoena filed by Kevin Ballance (Attachments: #1 Cover Letter and envelope)(sas) Modified on 9/4/2018 (sas) to correctly reflect "subpoena". [Transferred from Virginia Western on 3/21/2019.]
August 29, 2018 Filing 17 MOTION to Amend #1 Complaint by Adding a Claim 2 by Kevin Ballance.Motions referred to Judge Robert S. Ballou. (Attachments: #1 Cover Letter, #2 Envelope)(sas) [Transferred from Virginia Western on 3/21/2019.]
August 7, 2018 Filing 16 Request for Court Order compelling David Robinson to allow Kevin Ballance access to the following places and people at Sussex I State Prison by Kevin Ballance (ck) [Transferred from Virginia Western on 3/21/2019.]
August 3, 2018 Filing 15 Request for an Order to Compel Defendants to Answer Questions filed by Kevin Ballance (tvt) [Transferred from Virginia Western on 3/21/2019.]
August 3, 2018 Filing 14 First set of INTERROGATORIES Propounded to Defendants by Kevin Ballance. (Attachments: #1 Third set of Interrogatories)(tvt) [Transferred from Virginia Western on 3/21/2019.]
July 31, 2018 Filing 13 Subpoena issued to Harold Clarke and David Robinson filed by Kevin Ballance. (Original Issued Subpoena mailed to Kevin Balance at Sussex 1 State Prison.)(sas) [Transferred from Virginia Western on 3/21/2019.]
July 30, 2018 Filing 12 Proposed subpoena filed by Kevin Balance. (Attachments: #1 Envelope)(sas) [Transferred from Virginia Western on 3/21/2019.]
July 27, 2018 Filing 11 Subpoena issued to Marion as to Kevin Ballance. Mailed to Kevin Ballance, 1106000, Sussex 1 State Prison, 24414 Musselwhite Dr, Waverly, Va 23891.(sas) [Transferred from Virginia Western on 3/21/2019.]
July 27, 2018 Filing 10 Proposed Subpoena by Kevin Balance. (Attachments: #1 Cover Letter & envelope)(sas) [Transferred from Virginia Western on 3/21/2019.]
July 25, 2018 Opinion or Order Filing 9 Order to Respond: defendants shall file any motion for summary judgment within 45 days from entry of this order, or this matter will be set for trial on the plaintiffs claims. (Responses due by 9/10/2018). Signed by Magistrate Judge Robert S. Ballou on 7/25/2018. (slt) [Transferred from Virginia Western on 3/21/2019.]
July 23, 2018 Filing 8 ANSWER to Complaint Complaint by C. Crumpler, Melvin Davis, John Doe/Spencer, Evans, Marion, Mayo, Naff, Sims, Zook.(O'Shea, Margaret) [Transferred from Virginia Western on 3/21/2019.]
June 7, 2018 Filing 7 Letter requesting subpoena forms by Kevin Balance. (Copies of AO88 & AO88B forms mailed as requested.) (sas) [Transferred from Virginia Western on 3/21/2019.]
June 1, 2018 Filing 6 WAIVER OF SERVICE Returned Executed by Naff, John Doe/Spencer, Melvin Davis, Sims, Mayo, Zook, C. Crumpler, Evens, Marion. Naff waiver sent on 5/22/2018, answer due 7/23/2018; John Doe/Spencer waiver sent on 5/22/2018, answer due 7/23/2018; Melvin Davis waiver sent on 5/22/2018, answer due 7/23/2018; Sims waiver sent on 5/22/2018, answer due 7/23/2018; Mayo waiver sent on 5/22/2018, answer due 7/23/2018; Zook waiver sent on 5/22/2018, answer due 7/23/2018; C. Crumpler waiver sent on 5/22/2018, answer due 7/23/2018; Evens waiver sent on 5/22/2018, answer due 7/23/2018; Marion waiver sent on 5/22/2018, answer due 7/23/2018.(O'Shea, Margaret) [Transferred from Virginia Western on 3/21/2019.]
June 1, 2018 Filing 5 NOTICE of Appearance by Margaret Hoehl O'Shea on behalf of C. Crumpler, Melvin Davis, John Doe/Spencer, Evens, Marion, Mayo, Naff, Sims, Zook (O'Shea, Margaret) [Transferred from Virginia Western on 3/21/2019.]
May 22, 2018 Filing 4 REQUEST FOR WAIVER of Service sent to Melvin Davis, et al on 5/22/2018. Waiver of Service due by 6/21/2018.(Sent to the OAG in Richmond, VA)(tvt) [Transferred from Virginia Western on 3/21/2019.]
May 22, 2018 Opinion or Order Filing 3 Order entered Directing the Clerk to attempt service of process upon the named defendants. Signed by Magistrate Judge Robert S. Ballou on 5/22/2018. (tvt) [Transferred from Virginia Western on 3/21/2019.]
May 21, 2018 Filing 2 Verified Statement by Plaintiff Kevin Ballance (sas) [Transferred from Virginia Western on 3/21/2019.]
May 21, 2018 Filing 1 COMPLAINT against C. Crumpler, Melvin Davis, John Doe/Spencer, Evens, Marion, Mayo, Naff, Sims, Zook (Filing & Administrative fee $ 400., receipt #7-56730), filed by Kevin Ballance, Phillip S Wohlford. (Attachments: #1 Exhibit A, #2 Plaintiffs' Declarations, #3 Cover Letter, #4 Envelope)(sas) [Transferred from Virginia Western on 3/21/2019.]

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Search for this case: Wohlford et al v. Davis et al
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Defendant: Harold Clarke
Represented By: Margaret Hoehl O'Shea
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Defendant: Naff
Represented By: Margaret Hoehl O'Shea
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Defendant: Mayo
Represented By: Margaret Hoehl O'Shea
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Defendant: Zook
Represented By: Margaret Hoehl O'Shea
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Defendant: A. David Robinson
Represented By: Margaret Hoehl O'Shea
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Defendant: C. Crumpler
Represented By: Margaret Hoehl O'Shea
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Defendant: Marion
Represented By: Margaret Hoehl O'Shea
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Defendant: Melvin Davis
Represented By: Margaret Hoehl O'Shea
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Defendant: John Doe/Spencer
Represented By: Margaret Hoehl O'Shea
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Defendant: Sims
Represented By: Margaret Hoehl O'Shea
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Defendant: Evans
Represented By: Margaret Hoehl O'Shea
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Plaintiff: Kevin Ballance
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Plaintiff: Phillip S Wohlford
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