Wohlford et al v. Davis et al
| Kevin Ballance and Phillip S Wohlford |
| Harold Clarke, Naff, Mayo, Zook, A. David Robinson, C. Crumpler, Marion, Melvin Davis, John Doe/Spencer, Sims and Evans |
| 1:2019cv00330 |
| March 21, 2019 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| Leonie M Brinkema |
| Michael S Nachmanoff |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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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, ).
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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, )
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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.]
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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.]
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Filing 55
MEMORANDUM OPINION. Signed by Senior Judge Glen E. Conrad on 3/20/2019. (tvt) [Transferred from Virginia Western on 3/21/2019.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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Filing 44
MOTION to Compel by Kevin Ballance.Motions referred to Judge Pamela Meade Sargent. (slt) [Transferred from Virginia Western on 3/21/2019.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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Filing 36
Letter re: other plaintiff's lack of receipt of documents by Kevin Ballance (sas) [Transferred from Virginia Western on 3/21/2019.]
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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.]
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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.]
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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.]
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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.]
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Filing 31
Objections by Plaintiff Kevin Ballance re #21 Response (Attachments: #1 cover letter & envelope)(sas) [Transferred from Virginia Western on 3/21/2019.]
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Filing 30
Letter re: mail delivery refusal by Kevin Ballance (sas) [Transferred from Virginia Western on 3/21/2019.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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Filing 12
Proposed subpoena filed by Kevin Balance. (Attachments: #1 Envelope)(sas) [Transferred from Virginia Western on 3/21/2019.]
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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.]
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Filing 10
Proposed Subpoena by Kevin Balance. (Attachments: #1 Cover Letter & envelope)(sas) [Transferred from Virginia Western on 3/21/2019.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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Filing 2
Verified Statement by Plaintiff Kevin Ballance (sas) [Transferred from Virginia Western on 3/21/2019.]
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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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