Stout v. Herring
| Marc Stout |
| Mark Herring |
| 3:2021cv00774 |
| December 13, 2021 |
| US District Court for the Eastern District of Virginia |
| David J Novak |
| Constitutional - State Statute |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on February 1, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 Summons Returned Unexecuted as to Mark Herring. (adun, ) |
| Filing 11 Summons Issued as to Mark Herring. Placed in USM box for service of process. (Attachments: #1 USM-285)(jsmi, ) |
| Filing 10 Letter received from Marc Stout re requested summons information. (Attachments: #1 Requested Summons) (jsmi, ) |
| Filing 9 Notice of Waiver of Hearing re #8 MOTION for Stay of State Court Proceedings and Preliminary Injunction by Marc Stout. (tjoh, ) |
| Filing 8 MOTION for Stay of State Court Proceedings and Preliminary Injunction and Memorandum in Support by Marc Stout. (Attachments: #1 Letter, #2 Envelope, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C) (tjoh, ). |
| Filing 7 Notice of Waiver of Hearing re #6 MOTION for Temporary Restraining Order by Marc Stout (tjoh, ) |
| Filing 6 MOTION for Temporary Restraining Order and Memorandum in Support by Marc Stout. (Attachments: #1 Letter, #2 Envelope)(tjoh, ) |
Filing 5
ORDER (Granting Motion and Directing Service) The Court hereby GRANTS Plaintiff's Motion for Leave to Proceed IFP. Plaintiff may proceed in this case without paying the Court's filing fee. Because he is proceeding pro se, he must continue to include the Ghostwriting Form with every pro se submission in accordance with Local Rule 83.1. The Court hereby ORDERS Plaintiff to file with the Court the requisite Summons in a Civil Action form with Defendant's full address. To that end, the Clerk is hereby DIRECTED to enclose a copy of the Summons form with this Order when it is forwarded to Plaintiff. Further, on January 7, 2022, Plaintiff filed several ex parte motions, including a Motion for a Temporary Restraining Order, Motion for Stay of State Court Proceedings and for Preliminary Injunction and two Notices of Waiver of Oral Hearing regarding both of these Motions. Because the Court has not docketed until the entry hereof, these Motions were improperly filed. Therefore, the Court hereby DIRECTS the Clerk to docket Plaintiff's ex parte filings and DENIES WITHOUT PREJUDICE the Motions for a Temporary Restraining Order and for a Stay of the State Court Proceedings and a Preliminary Injunction. Plaintiff may refile these Motions once this case has been docketed and Defendant has been served. If Plaintiff refiles the Motions, he may not file them ex parte. Instead, he must serve them on Defendant. Signed by District Judge David J. Novak on 01/07/2021. Copy mailed to pro se plaintiff on January 10, 2021. (tjoh, )
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| Filing 4 Local Rule 83.1 Certification by Marc Stout (Attachments: #1 Cover letter)(adun, ) |
| Filing 3 FILED PER ORDER #5 - AMENDED COMPLAINT against Mark Herring, filed by Marc Stout. (Attachments: #1 Exhibit F)(adun, ) Modified on 1/7/2022 (tjoh, ) |
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Filing 2
ORDER (Requiring Ghostwriting Form) that Plaintiff needs to file with the Court the Ghostwriting Form accompanied by a statement that he has not received assistance in preparing any filing in this case, no later than January 5, 2022. To that end, the Clerk is hereby DIRECTED to enclose a copy of the Ghostwriting Form with this Order when it is forwarded to Plaintiff. The failure to strictly comply with the Court's directive and with applicable rules will result in DISMISSAL of this action for failure to prosecute under Federal Rule of Civil Procedure 41(b). Signed by District Judge David J. Novak on 12/15/2021. Copy of Order and Ghostwriting form mailed to Plaintiff as directed. (adun, )
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| Filing 1 MOTION for Leave to Proceed in forma pauperis by Marc Stout. (Attachments: #1 Complaint (Received), #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Civil Cover Sheet, #8 Cover Letter)(adun, ) |
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| Plaintiff: Marc Stout | |
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| Defendant: Mark Herring | |
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