Lee v. Virginia Department Of Corrections et al
Case Number: 2:2020cv00006
Filed: April 21, 2020
Court: US District Court for the Western District of Virginia
Office: Big Stone Gap Office
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
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Docket Report

This docket was last retrieved on April 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2020 Filing 48 Case transferred in from District of Virginia Eastern; Case Number 3:19-cv-00502. Original file certified copy of transfer order and docket sheet received.
April 21, 2020 Opinion or Order Filing 47 ORDER that DEFENDANT EVERETT MCDUFFIE, M.D.'S MOTION TO TRANSFER (ECF NO. #38 ) and Defendants' MOTION TO TRANSFER VENUE (ECF NO. #40 ) are granted. It is further ORDERED that the Clerk shall transfer this action to the Western District of Virginia. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 4/20/2020. (sbea, ) [Transferred from Virginia Eastern on 4/21/2020.]
April 21, 2020 Filing 46 MEMORANDUM OPINION. See Opinion for details. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 4/20/2020. (sbea, ) [Transferred from Virginia Eastern on 4/21/2020.]
April 21, 2020 Case transferred to District of Western District of Virginia. Original file, Copy of Transfer Order, and Docket Report sent. (sbea, ) [Transferred from Virginia Eastern on 4/21/2020.]
November 25, 2019 Filing 45 Memorandum in Opposition re #38 MOTION to Transfer Case , #40 MOTION to Transfer Case to the Western District of Virginia filed by Tyquine R. Lee. (Attachments: #1 Affidavit Declaration of T. Brown, Guardian)(Zerkin, Gerald) [Transferred from Virginia Eastern on 4/21/2020.]
November 21, 2019 Opinion or Order Filing 44 ORDER that the motion is granted and the plaintiff shall file a consolidated response to DEFENDANT EVERETT MCDUFFIE, M.D.'S MOTION TO TRANSFER (ECF No. #38 ) and the MOTION TO TRANSFER VENUE (ECF No. #40 ). It is further ORDERED that the consolidated response shall conform to the page limits set forth in Local Civil Rule 7(F)(3). It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 11/21/2019. (sbea, ) [Transferred from Virginia Eastern on 4/21/2020.]
November 19, 2019 Filing 43 CONSENT MOTION Leave to File Consolidated Brief re: #38 MOTION to Transfer Case, #39 Memorandum in Support, #40 MOTION to Transfer Case to the Western District of Virginia by Tyquine R. Lee. (Attachment: #1 Proposed Order Granting Leave to File Consolidated Brief)(Zerkin, Gerald). Clerk replaced document at filing attorney's request on 11/19/2019. NEF was regenerated. Modified docket text on 11/19/2019 (sbea, ). [Transferred from Virginia Eastern on 4/21/2020.]
November 15, 2019 Opinion or Order Filing 42 ORDER that the Initial Pretrial Conference scheduled for 10:00 a.m. November 20, 2019 is continued generally pending resolution of the Motions to Transfer (ECF Nos. #38 and #40 ). It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 11/14/2019. (sbea, ) [Transferred from Virginia Eastern on 4/21/2020.]
November 15, 2019 ***Deadline terminated (IPTC continued generally until resolution of pending motions). (nbrow) [Transferred from Virginia Eastern on 4/21/2020.]
November 12, 2019 Filing 41 Memorandum in Support re #40 MOTION to Transfer Case to the Western District of Virginia filed by Gary Adams, Earl Barksdale, Larry Collins, Amee Duncan, Arvil Gallihar, Terrence Huff, Jeffrey Kiser, Justin Kiser, James D. Lambert, Denise Malone, Henry Ponton, Walter Swiney, Roy Sykes, D. Trent, Virginia Department Of Corrections, Michael Younce. (Attachments: #1 Exhibit 1 - Beverly Affidavit, #2 Exhibit 2 - Ponton Affidavit, #3 Exhibit 3 - OShea Declaration)(O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
November 12, 2019 Filing 40 MOTION to Transfer Case to the Western District of Virginia by Gary Adams, Earl Barksdale, Larry Collins, Amee Duncan, Arvil Gallihar, Terrence Huff, Jeffrey Kiser, Justin Kiser, James D. Lambert, Denise Malone, Henry Ponton, Walter Swiney, Roy Sykes, D. Trent, Virginia Department Of Corrections, Michael Younce. (O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
November 11, 2019 Filing 39 Memorandum in Support re #38 MOTION to Transfer Case filed by Everett McDuffie. (Attachments: #1 Exhibit 1)(Jessee, John) [Transferred from Virginia Eastern on 4/21/2020.]
November 11, 2019 Filing 38 MOTION to Transfer Case by Everett McDuffie. (Jessee, John) [Transferred from Virginia Eastern on 4/21/2020.]
November 6, 2019 Filing 37 NOTICE of Appearance by Sarah Clayton Jessee on behalf of Everett McDuffie (Jessee, Sarah) [Transferred from Virginia Eastern on 4/21/2020.]
October 31, 2019 Filing 36 REPLY to Response to Motion re #22 MOTION to Dismiss Pursuant to Rule 12(b)(1) and Rule 12(b)(6) filed by Everett McDuffie. (Jessee, John) [Transferred from Virginia Eastern on 4/21/2020.]
October 29, 2019 Filing 35 DISREGARD MOTION to Dismiss by Everett McDuffie. (Jessee, John). Modified docket text on 10/29/2019 (sbea, ). [Transferred from Virginia Eastern on 4/21/2020.]
October 29, 2019 Notice of Correction re: #22 MOTION to Dismiss Pursuant to Rule 12(b)(1) and Rule 12(b)(6); Clerk replaced Motion with correct document. No further action is required. (sbea, ) [Transferred from Virginia Eastern on 4/21/2020.]
October 25, 2019 Filing 34 Opposition to #22 MOTION to Dismiss Pursuant to Rule 12(b)(1) and Rule 12(b)(6) filed by Tyquine R. Lee. (Tully, Joshua) [Transferred from Virginia Eastern on 4/21/2020.]
October 25, 2019 Filing 33 NOTICE of Appearance by Joshua David Tully on behalf of Tyquine R. Lee (Tully, Joshua) [Transferred from Virginia Eastern on 4/21/2020.]
October 21, 2019 Filing 32 ANSWER to #1 Complaint by Everett McDuffie (Jessee, John). Modified docket text on 10/22/2019 (sbea, ). [Transferred from Virginia Eastern on 4/21/2020.]
October 21, 2019 Filing 31 Declaration re: #25 Letter concerning certificate of merit by Tyquine R. Lee. (Attachment: #1 Counsel's letter re certificaten of merit)(Zerkin, Gerald). Modified docket text on 10/22/2019 (sbea, ). [Transferred from Virginia Eastern on 4/21/2020.]
October 21, 2019 Opinion or Order Filing 30 ORDER. It appears to the Court that it may be appropriate to transfer the action to the United States District Court for the Western District of Virginia pursuant to 28 U.S.C. 1404 (a). Within twenty (21) days of the date, Defendants are directed to brief their position on the propriety of transferring the present action to the Western District of Virginia pursuant to 28 U.S.C. 1404(a). Within thirty-five (35) days of the date of entry, Lee shall brief his position on transferring the action to the Western District of Virginia. It is SO ORDERED. Signed by District Judge Robert E. Payne on 10/21/19. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
October 21, 2019 Opinion or Order Filing 29 ORDER. Due to a conflict in the Court's docket, it is hereby ORDERED that the Initial Pretrial Conference scheduled for 10:30 a.m. October 23, 2019 is rescheduled to 10:00 a.m. November 20, 2019. It is further ORDERED that the MOTION TO ATTEND PRETRIAL CONFERENCE BY TELEPHONE #28 with respect to the conference being held on October 23, 2019 is denied as moot. It is SO ORDERED. Signed by District Judge Robert E. Payne on 10/21/19. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
October 21, 2019 Reset Hearing: Initial Pretrial Conference set for 11/20/2019 at 10:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. (nbrow) [Transferred from Virginia Eastern on 4/21/2020.]
October 18, 2019 Filing 28 MOTION Attend Pretrial Conference by Telephone by Everett McDuffie. (Jessee, John) [Transferred from Virginia Eastern on 4/21/2020.]
October 16, 2019 Opinion or Order Filing 27 ORDER that 1) the Motion to Adopt is denied because it is not possible to determine exactly what portions of the codefendants' Memorandum (ECF No. #14 ) are sought to be adopted or why they are thought to apply to the defendant, Everett McDuffie, M.D.; and 2) DEFENDANT EVERETT MCDUFFIE'S M.D.'S RULE 12(b) (3) MOTION TO DISMISS (ECF No. #24 ) is denied without prejudice to the refiling of the motion with a supporting memorandum. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 10/16/2019. (sbea, ) [Transferred from Virginia Eastern on 4/21/2020.]
October 15, 2019 Filing 26 ANSWER to #1 Complaint by Gary Adams, Earl Barksdale, Larry Collins, Amee Duncan, Arvil Gallihar, Terrence Huff, Jeffrey Kiser, Justin Kiser, James D. Lambert, Denise Malone, Henry Ponton, Walter Swiney, Roy Sykes, D. Trent, Virginia Department Of Corrections, Michael Younce.(O'Shea, Margaret). Modified docket text on 10/22/2019 (sbea, ). [Transferred from Virginia Eastern on 4/21/2020.]
October 11, 2019 Filing 25 Request for Expert Witness Certification by Everett McDuffie, MD. (Jessee, John). Modified docket entry on 10/11/2019. (walk, ). [Transferred from Virginia Eastern on 4/21/2020.]
October 11, 2019 Filing 24 MOTION to Dismiss Pursuant to Rule 12(b)(3) by Everett McDuffie. (Jessee, John) [Transferred from Virginia Eastern on 4/21/2020.]
October 11, 2019 Filing 23 Memorandum in Support re #22 MOTION to Dismiss Pursuant to Rule 12(b)(1) and Rule 12(b)(6) filed by Everett McDuffie. (Jessee, John) [Transferred from Virginia Eastern on 4/21/2020.]
October 11, 2019 Filing 22 MOTION to Dismiss Pursuant to Rule 12(b)(1) and Rule 12(b)(6) by Everett McDuffie (Jessee, John). Clerk replaced Motion with the correct document on 10/29/2019). Modified docket on 10/29/2019 (sbea, ). [Transferred from Virginia Eastern on 4/21/2020.]
October 9, 2019 Reset Hearing: Initial Pretrial Conference set for 10/23/2019 at 10:30 AM in Richmond Judges Chamber before District Judge Robert E. Payne. (nbrow) [Transferred from Virginia Eastern on 4/21/2020.]
October 8, 2019 Filing 21 Memorandum in Opposition re #15 MOTION to Dismiss for Failure to State a Claim (Partial) filed by Tyquine R. Lee. (Zerkin, Gerald) [Transferred from Virginia Eastern on 4/21/2020.]
October 8, 2019 Filing 20 Memorandum in Opposition re #13 MOTION to Dismiss under Rule 12(b)(3) for Improper Venue filed by Tyquine R. Lee. (Zerkin, Gerald) [Transferred from Virginia Eastern on 4/21/2020.]
October 2, 2019 Opinion or Order Filing 19 SCHEDULING ORDER. See for complete details. It is so ORDERED. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 10/02/2019. (Attachment: #1 Schedule A) (nbrow) [Transferred from Virginia Eastern on 4/21/2020.]
October 2, 2019 Opinion or Order Filing 18 ORDER SETTING PRETRIAL CONFERENCE: Initial Pretrial Conference set for 10/16/2019 at 10:45 AM in Richmond Judges Chamber before District Judge Robert E. Payne. See for complete details. Issued at the direction of the Court. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 10/02/2019. (nbrow) [Transferred from Virginia Eastern on 4/21/2020.]
September 26, 2019 Filing 17 NOTICE of Appearance by John Thomas Jessee on behalf of Everett McDuffie (Jessee, John) [Transferred from Virginia Eastern on 4/21/2020.]
September 24, 2019 Filing 16 Memorandum in Support re #15 MOTION to Dismiss for Failure to State a Claim (Partial) filed by Gary Adams, Earl Barksdale, Larry Collins, Amee Duncan, Arvil Gallihar, Terrence Huff, Jeffrey Kiser, Justin Kiser, James D. Lambert, Denise Malone, Henry Ponton, Walter Swiney, Roy Sykes, D. Trent, Virginia Department Of Corrections, Michael Younce. (O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
September 24, 2019 Filing 15 MOTION to Dismiss for Failure to State a Claim (Partial) by Gary Adams, Earl Barksdale, Larry Collins, Amee Duncan, Arvil Gallihar, Terrence Huff, Jeffrey Kiser, Justin Kiser, James D. Lambert, Denise Malone, Henry Ponton, Walter Swiney, Roy Sykes, D. Trent, Virginia Department Of Corrections, Michael Younce. (O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
September 24, 2019 Filing 14 Memorandum in Support re #13 MOTION to Dismiss under Rule 12(b)(3) for Improper Venue filed by Gary Adams, Earl Barksdale, Larry Collins, Amee Duncan, Arvil Gallihar, Terrence Huff, Jeffrey Kiser, Justin Kiser, James D. Lambert, Denise Malone, Henry Ponton, Walter Swiney, Roy Sykes, D. Trent, Virginia Department Of Corrections, Michael Younce. (O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
September 24, 2019 Filing 13 MOTION to Dismiss under Rule 12(b)(3) for Improper Venue by Gary Adams, Earl Barksdale, Larry Collins, Amee Duncan, Arvil Gallihar, Terrence Huff, Jeffrey Kiser, Justin Kiser, James D. Lambert, Denise Malone, Henry Ponton, Walter Swiney, Roy Sykes, D. Trent, Virginia Department Of Corrections, Michael Younce. (O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
August 20, 2019 Filing 12 WAIVER OF SERVICE Returned Executed by Tyquine R. Lee. Everett McDuffie waiver sent on 8/12/2019, answer due 10/11/2019. (Zerkin, Gerald) [Transferred from Virginia Eastern on 4/21/2020.]
August 19, 2019 Filing 11 WAIVER OF SERVICE Returned Executed Gary Adams waiver sent on 7/26/2019, answer due 9/24/2019; Earl Barksdale waiver sent on 7/26/2019, answer due 9/24/2019; Larry Collins waiver sent on 7/26/2019, answer due 9/24/2019; Amee Duncan waiver sent on 7/26/2019, answer due 9/24/2019; Arvil Gallihar waiver sent on 7/26/2019, answer due 9/24/2019; Terrence Huff waiver sent on 7/26/2019, answer due 9/24/2019; Jeffrey Kiser waiver sent on 7/26/2019, answer due 9/24/2019; Justin Kiser waiver sent on 7/26/2019, answer due 9/24/2019; Denise Malone waiver sent on 7/26/2019, answer due 9/24/2019; Henry Ponton waiver sent on 7/26/2019, answer due 9/24/2019; Walter Swiney waiver sent on 7/26/2019, answer due 9/24/2019; Roy Sykes waiver sent on 7/26/2019, answer due 9/24/2019; D. Trent waiver sent on 7/26/2019, answer due 9/24/2019; Virginia Department Of Corrections waiver sent on 7/26/2019, answer due 9/24/2019; Michael Younce waiver sent on 7/26/2019, answer due 9/24/2019. (Attachments: #1 Letter)(jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
August 16, 2019 Filing 10 NOTICE of Appearance by Margaret Hoehl O'Shea on behalf of Gary Adams, Earl Barksdale, Larry Collins, Amee Duncan, Arvil Gallihar, Terrence Huff, Jeffrey Kiser, Justin Kiser, James D. Lambert, Denise Malone, Henry Ponton, Walter Swiney, Roy Sykes, D. Trent, Virginia Department Of Corrections, Michael Younce (O'Shea, Margaret) [Transferred from Virginia Eastern on 4/21/2020.]
July 19, 2019 Opinion or Order Filing 9 ORDER granting #6 Motion for Maggie E. Filler to appear Pro hac vice for Tyquine R. Lee. Signed by District Judge Robert E. Payne on 7/18/19.(jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
July 19, 2019 Opinion or Order Filing 8 ORDER granting #5 Motion for Matthew Boyd Underwood to appear Pro hac vice for Tyquine R. Lee. Signed by District Judge Robert E. Payne on 7/18/19. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
July 19, 2019 Opinion or Order Filing 7 ORDER granting #4 Motion for Matthew David Heins to appear Pro hac vice for Tyquine R. Lee. Signed by District Judge Robert E. Payne on 7/18/19. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
July 17, 2019 Filing 6 Motion to appear Pro Hac Vice by Maggie E. Filler and Certification of Local Counsel Gerald Zerkin Filing fee $ 75, receipt number 0422-6742575. by Tyquine R. Lee. (Zerkin, Gerald) [Transferred from Virginia Eastern on 4/21/2020.]
July 17, 2019 Filing 5 Motion to appear Pro Hac Vice by Matthew Boyd Underwood and Certification of Local Counsel Gerald Zerkin Filing fee $ 75, receipt number 0422-6742550. by Tyquine R. Lee. (Zerkin, Gerald) [Transferred from Virginia Eastern on 4/21/2020.]
July 17, 2019 Filing 4 First Motion to appear Pro Hac Vice by Matthew David Heins and Certification of Local Counsel Gerald Zerkin Filing fee $ 75, receipt number 0422-6742459. by Tyquine R. Lee. (Zerkin, Gerald) Modified on 7/17/2019 (jsau, ). [Transferred from Virginia Eastern on 4/21/2020.]
July 15, 2019 Filing 3 Summons Issued as to Gary Adams, Earl Barksdale, Larry Collins, Amee Duncan, Arvil Gallihar, Terrence Huff, Jeffrey Kiser, Justin Kiser, James D. Lambert, Denise Malone, Everett McDuffie, Henry Ponton, Walter Swiney, Roy Sykes, D. Trent, Virginia Department Of Corrections, Michael Younce. NOTICE TO ATTORNEY: REMOVE HEADERS Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (jsau, ) [Transferred from Virginia Eastern on 4/21/2020.]
July 12, 2019 Filing 2 Proposed Summons re #1 Complaint, by Tyquine R. Lee. (Zerkin, Gerald) (Main Document 2 replaced on 7/15/2019) (jsau, ). [Transferred from Virginia Eastern on 4/21/2020.]
July 11, 2019 Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6733469.), filed by Tyquin Lee. (Attachments: #1 Civil Cover Sheet cover sheet)(Zerkin, Gerald) (Main Document 1 replaced on 7/11/2019) (jsau, ). (Attachment 1 replaced on 7/11/2019) (jsau, ). [Transferred from Virginia Eastern on 4/21/2020.]
July 11, 2019 Case assigned to District Judge Robert E. Payne. (jsmi, ) [Transferred from Virginia Eastern on 4/21/2020.]

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