Clark, Jr v. Payne et al
| Kelly James Clark, Jr |
| Officer Glenn Tommy Payne, Louisa Sheriff's Department, Central Virginia Regional Jail, Tommy Payne, Correctional Officer Kevin Carl, Ashland Fortune, Correctional Officer Carl, Correctional Officer Colby Miller and Mr. Miller |
| 3:2020cv00017 |
| April 16, 2020 |
| US District Court for the Western District of Virginia |
| Norman K Moon |
| P.I.: Other |
| 42 U.S.C. § 1986 |
| Plaintiff |
Docket Report
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Filing 67
NOTICE of Appearance by Terrance Reshay Robinson on behalf of Kelly James Clark, Jr (Robinson, Terrance) (Main Document 67 replaced on 5/22/2020 document not a flattened pdf) (hnw).
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Filing 66
Case transferred in from District of Virginia Eastern; Case Number 3:18-cv-00867. Original file certified copy of transfer order and docket sheet received.
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Filing 65
ORDER (Transferring Case) THIS MATTER is before the Court on its own initiative. The Western District of West Virginia would be a proper venue for this action. Accordingly, the Court will transfer this case to the Western District of Virginia pursuant to 28 U.S.C. 1406. Signed by District Judge Henry E. Hudson on 04/15/2020. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 64
ANSWER to Complaint by Kevin Carl, Correctional Officer Carl, Colby Miller, Mr. Miller, Glenn Tommy Payne, Tommy Payne.(Anderson, Matthew) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 63
ORDER (Granting Defendants' Motion for Leave to File an Answer Out of Time) Defendants' Motion #59 is GRANTED. The Court will address any remaining issues raised in Plaintiffs Response to Defendant's Motion at the appropriate time (ECF No. 62). Signed by District Judge Henry E. Hudson on 04/15/2020. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Case electronically transferred to District of Western District of Virginia. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Initial Pretrial Conference held via telephone on 4/15/2020 before District Judge Henry E. Hudson (rpiz) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 62
RESPONSE to Motion re #59 MOTION for Leave to File Answer Out of Time filed by Kelly James Clark, Jr. (Robinson, Terrance) [Transferred from Virginia Eastern on 4/16/2020.]
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Notice of Correction re 61 Exparte, Response to Motion. The filing user selected the wrong event. (Exparte Response) was selected, and (Response to Motion) should have been selected. The filing user is notified to refile the document. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Set/Reset Hearings: Initial Pretrial Conference reset for 4/15/2020 at 2:00 PM before District Judge Henry E. Hudson (Note: Conference to be held via telephone) (rpiz) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 60
Memorandum in Support re #59 MOTION for Leave to File Answer Out of Time filed by Kevin Carl, Correctional Officer Carl, Colby Miller, Mr. Miller, Glenn Tommy Payne, Tommy Payne. (Attachments: #1 Exhibit Proposed Answer)(Anderson, Matthew) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 59
MOTION for Leave to File Answer Out of Time by Kevin Carl, Correctional Officer Carl, Colby Miller, Mr. Miller, Glenn Tommy Payne, Tommy Payne. (Attachments: #1 Proposed Order)(Anderson, Matthew) [Transferred from Virginia Eastern on 4/16/2020.]
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Set/Reset Hearings: Initial Pretrial Conference reset for 4/17/2020 at 11:00 AM before District Judge Henry E. Hudson (rpiz) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 58
SCHEDULING ORDER with Attachment #1 Pretrial Schedule A - Initial Pretrial Conference set for 4/2/2020 at 9:00 AM before District Judge Henry E. Hudson (rpiz) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 57
MEMORANDUM ORDER(Disposition of Pending Motions) granting #44 Motion to Dismiss for Failure to State a Claim; granting #48 Motion to Dismiss for Failure to State a Claim; denying #51 Motion to Amend/Correct. Signed by District Judge Henry E. Hudson on 01/27/2020. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 56
REPLY to Response to Motion re #51 Second MOTION to Amend/Correct #39 Amended Complaint, filed by Kelly James Clark, Jr. (Robinson, Terrance) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 55
Memorandum in Opposition re #51 Second MOTION to Amend/Correct #39 Amended Complaint, filed by Correctional Officer Carl, Ashland Fortune, Colby Miller, Glenn Tommy Payne. (Anderson, Matthew) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 54
USCA Mandate re #33 Notice of Appeal : This court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (lbre, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 53
ORDER of USCA as to #33 Notice of Appeal filed by Kelly James Clark, Jr : Upon consideration of the motion to voluntarily dismiss this case pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, and there appearing no opposition, the court grants the motion. (lbre, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 52
REPLY to Response to Motion re #44 MOTION to Dismiss for Failure to State a Claim filed by Kevin Carl, Ashland Fortune, Glenn Tommy Payne. (Anderson, Matthew) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 51
Second MOTION to Amend/Correct #39 Amended Complaint, by Kelly James Clark, Jr. (Attachments: #1 Exhibit Proposed Third Amended Complaint)(Robinson, Terrance) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 50
RESPONSE to Motion re #44 MOTION to Dismiss for Failure to State a Claim , #48 MOTION to Dismiss for Failure to State a Claim filed by Kelly James Clark, Jr. (Robinson, Terrance) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 49
NOTICE of Appearance by Matthew Traynham Anderson on behalf of Colby Miller (Anderson, Matthew) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 48
MOTION to Dismiss for Failure to State a Claim by Colby Miller. (Anderson, Matthew) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 47
Memorandum in Support of Miller's Motion to Dismiss by Colby Miller. re: #48 MOTION to Dismiss for Failure to State a Claim (Anderson, Matthew). NEF regenerated. Modified docket text on 12/23/2019 (sbea, ). [Transferred from Virginia Eastern on 4/16/2020.]
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Notice of Correction re: #47 Answer to Complaint; the wrong filing event was selected. Clerk corrected docket text to reflect that it is the Memorandum in Support of ECF No. #48 MOTION to Dismiss for Failure to State a Claim. NEF was regenerated. No further action is required at this time. (sbea, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 46
SUMMONS Returned Executed Colby Miller served on 12/12/2019, answer due 1/2/2020 (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 45
Memorandum in Support re #44 MOTION to Dismiss for Failure to State a Claim filed by Kevin Carl, Ashland Fortune, Glenn Tommy Payne. (Anderson, Matthew) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 44
MOTION to Dismiss for Failure to State a Claim by Kevin Carl, Ashland Fortune, Glenn Tommy Payne. (Anderson, Matthew) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 43
Summons Issued as to Colby Miller and sent to USM for service. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 42
DISREGARD. PLAINTIFF WAS GRANTED IFP STATUS. Summons Issued as to Colby Miller. NOTICE TO ATTORNEY: REMOVE HEADER and print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (tjoh, ) Modified on 12/3/2019 to correct text(tjoh, ). [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 41
Proposed Summons Summons of Colby Lee Miller by Kelly James Clark, Jr. (Robinson, Terrance) [Transferred from Virginia Eastern on 4/16/2020.]
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Notice of Correction re 40 Proposed Summons: The filing user has been notified that document (40) was incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the document. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 40
Proposed Summons Summons of Colby Miller by Kelly James Clark, Jr. (Robinson, Terrance) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 39
AMENDED COMPLAINT Plaintiff's Second Amended Complaint against Kevin Carl, Correctional Officer Carl, Louisa County Sheriff Dept., Colby Miller, Mr. Miller, Glenn Tommy Payne, Tommy Payne, filed by Kelly James Clark, Jr.(Robinson, Terrance) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 38
NOTICE of Appearance by Matthew Traynham Anderson on behalf of Kevin Carl, Central Virginia Regional Jail, Louisa County Sheriff Dept., Glenn Tommy Payne (Anderson, Matthew) [Transferred from Virginia Eastern on 4/16/2020.]
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USCA Case Number 19-2253, USCA Case Manager J.Rice, for #33 Notice of Appeal filed by Kelly James Clark, Jr. (lbre, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 37
ORDER that Kelly James Clark, Jr.'s #35 Motion for Leave to File Second Amended Complaint is GRANTED in part and DENIED in part. Plaintiff's Motion is GRANTED insofar as Plaintiff proposes to name Sheriff Ashland Fortune as a Defendant. It is further ORDERED that Plaintiff shall have 21 days from the date of entry of this Order to file its Second Amended Complaint. Insofar as Plaintiff seeks to re-name Central Virginia Regional Jail as a Defendant, Plaintiff's Motion is DENIED. See Order for additional details. Signed by District Judge Henry E. Hudson on 11/4/2019. (jsmi, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 36
Transmission of Notice of Appeal to US Court of Appeals re #33 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lgar, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Assembled INITIAL Electronic Record Transmitted to 4CCA re #33 Notice of Appeal (lgar, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Notice of Correction re: #30 Letter, #31 Amended Complaint, MOTION for Leave to File Second Amended Complaint, #33 Notice of Appeal, #34 Notice of Appearance; Filing attorney filed documents using the wrong filing event and then refiled the documents with the correct filing event. Clerked termed document no. #32 ; Clerk will include the "Certificate of Service" upon receipt, and regenerate the NEF for document no. #33 ; document no. #34 was properly saved as a PDF document. (sbea, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 35
MOTION for Leave to File Second Amended Complaint by Kelly James Clark, Jr. (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Robinson, Terrance). Clerk included Certificate of Service page on 11/4/2019. NEF was regenerated. Modified docket text on 11/4/2019 (sbea, ). [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 34
NOTICE of Appearance by Terrance Reshay Robinson on behalf of Kelly James Clark, Jr (Robinson, Terrance). Clerk replaced document with a PDF document on 11/4/2019. Modified docket text on 11/4/2019 (sbea, ). [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 33
NOTICE OF APPEAL as to #29 Memorandum Order by Kelly James Clark, Jr. (Robinson, Terrance). Clerk replaced document to include the Certificate of Service. NEF was regenerated. Modified docket text on 11/4/2019 (sbea, ). [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 32
DISREGARD - See docket entry #35 MOTION for Leave to File Second Amended Complaint by Kelly James Clark, Jr. (Attachment: #1 Exhibit Proposed Second Amended Complaint)(Robinson, Terrance). Modified docket text on 11/4/2019 (sbea, ). [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 31
DISREGARD - See docket entry #35 AMENDED COMPLAINT Motion for Leave to file Second Amended Complaint against All Defendants, filed by Kelly James Clark, Jr. (Attachment: #1 Exhibit Proposed Second Amended Complaint)(Robinson, Terrance). Modified docket text on 11/4/2019 (sbea, ). [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 30
DISREGARD - See docket entry #34 Letter Appearance (Robinson, Terrance). Modified docket text on 11/4/2019 (sbea, ). [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 29
MEMORANDUM ORDER (Granting Defendant's Motion to Dismiss) The Court finds that Plaintiffs Amended Complaint fails to state a claim upon which relief may be granted with respect to Defendant CVRJ. Accordingly, the Court will grant Defendant's Motion to Dismiss. The Court finds that the Amended Complaint fails to plausibly allege a claim that establishes any reasonable inference that Plaintiff is entitled to relief, and therefore, the matter cannot proceed. Signed by District Judge Henry E. Hudson on 10/04/2019. Copy mailed to pro se plaintiff. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 28
ORDER (Granting Defendant's Motion to Dismiss) granting #10 Motion to Dismiss because Plaintiff fails to properly name Defendant. Plaintiff is notified that, in order to successfully amend his Amended Complaint, a Motion for Leave to Amend the Amended Complaint, as well as filing of Plaintiff's Second Amended Complaint, is required. Should Plaintiff wish to do so. Plaintiff is directed to file his motion in a reasonable time not to exceed thirty (30) days from the date of this Order. Signed by District Judge Henry E. Hudson on 10/03/2019. Copy mailed to plaintiff. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 27
ORDER. The undersigned judge RECUSES himself from presiding over this case because he has a conflict in the matter. Accordingly, the Court ORDERS that the Clerk reassign this case to another United States District Judge in accordance with the Clerk's standard assignment procedure. Case reassigned to District Judge Henry E. Hudson for all further proceedings. Signed by District Judge John A. Gibney, Jr on 05/06/2019. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 26
ORDER. This matter comes before the Court on its own initiative. The plaintiff, proceeding pro se, filed several documents indicating that an attorney named Terrance Robinson assisted him. Under the Local Rules, therefore, Mr. Robinson effectively has entered an appearance for the plaintif Mr. Robinson, however, has not been admitted to practice in this Court. Accordingly, if Mr. Robinson plans to continue assisting the plaintiff in this case, the Court DIRECTS him to gain admission to this Court and become qualified to use the CM/ECF filing system within twenty-one (21) days of this Order. Signed by District Judge John A. Gibney, Jr on 04/26/2019. Copies distributed as directed. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 25
Summons Returned Unexecuted as to Colby Miller (no longer employed). (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 24
SUMMONS Returned Executed Kevin Carl served on 2/11/2019, answer due 3/4/2019; Central Virginia Regional Jail served on 2/11/2019, answer due 3/4/2019; Louisa County Sheriff Dept. served on 2/11/2019, answer due 3/4/2019; Glenn Tommy Payne served on 2/11/2019, answer due 3/4/2019 (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 23
Brief in Opposition re #14 MOTION to Dismiss for Failure to State a Claim filed by Kelly James Clark, Jr. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 22
RESPONSE in Opposition re #14 MOTION to Dismiss for Failure to State a Claim filed by Kelly James Clark, Jr. (Attachments: #1 Notice)(tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 21
RESPONSE in Opposition re #10 MOTION to Dismiss for Failure to State a Claim with Roseboro, filed by Kelly James Clark, Jr. (Attachments: #1 Notice)(tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 20
Response to #7 Answer to Complaint, filed by Kelly James Clark, Jr. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 19
Response to #13 Answer to Complaint, filed by Kelly James Clark, Jr. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 18
ORDER granting #17 Motion for Extension of Time to File Response. The plaintiff may respond to the motions to dismiss within twenty-one (21) days of this Order. Signed by District Judge John A. Gibney, Jr on 03/28/2019. Copy mailed to pro se plaintiff. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 17
MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Failure to State a Claim , by Kelly James Clark, Jr. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 16
Roseboro Notice by Central Virginia Regional Jail (Tunner, William) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 15
Memorandum in Support re #14 MOTION to Dismiss for Failure to State a Claim filed by Central Virginia Regional Jail. (Tunner, William) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 14
MOTION to Dismiss for Failure to State a Claim by Central Virginia Regional Jail. (Tunner, William) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 13
ANSWER to Complaint Amended Complaint by Kevin Carl.(Tunner, William) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 12
ANSWER to Complaint Amended Complaint by Central Virginia Regional Jail.(Tunner, William) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 11
Memorandum in Support re #10 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Louisa County Sheriff Dept.. (Tunner, William) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 10
MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Louisa County Sheriff Dept.. (Tunner, William) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 9
Roseboro Notice by Louisa County Sheriff Dept. (Tunner, William) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 8
DISREGARD FILED IN ERROR - MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Central Virginia Regional Jail. (Tunner, William) Modified on 3/4/2019 to correct text (tjoh, ). [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 7
ANSWER to Complaint Amended Complaint by Glenn Tommy Payne.(Tunner, William) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 6
Summons Issued as to Kevin Carl, Central Virginia Regional Jail, Louisa County Sheriff Dept., Colby Miller, Glenn Tommy Payne and sent to USM for service per Order filed 01/17/2019. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 5
ORDER. On December 20, 2018, the Court granted the plaintiffs motion for leave to proceed in forma pauper is, and directed the plaintiff to file a particularized amended complaint. (Dk. No. 2.) The plaintiff filed an amended complaint on January 9, 2019. (Dk. No. 4.) Liberally construing the amended complaint, the Court finds that the plaintiff sufficiently complied with its Order. The amended complaint now serves as the operative complaint in this case. The Court thus DIRECTS the Clerk to to issue summons upon the defendants. The Court DIRECTS the U.S. Marshal Service to serve the defendants with the summons and a copy of the amended complaint. Signed by District Judge John A. Gibney, Jr on 01/17/2019. Copy mailed to plaintiff. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 4
AMENDED COMPLAINT against Central Virginia Regional Jail, Louisa County Sheriff Dept., Glenn Tommy Payne, Kevin Carl, Colby Miller, filed by Kelly James Clark, Jr. (Attachments: #1 Exhibit A, #2 Certification)(tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 3
COMPLAINT against Central Virginia Regional Jail, Correctional Officer Carl, Louisa Sheriff Department, Mr. Miller, Tommy Payne, filed by Kelly James Clark, Jr. (Attachments: #1 certification)(tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 2
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. The Court DIRECTS the plaintiff to file an amended complaint within twenty-one (21) days of this Order. SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr on 12/20/2018. Copy mailed to pro se plaintiff. (tjoh, ) [Transferred from Virginia Eastern on 4/16/2020.]
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Filing 1
MOTION for Leave to Proceed in forma pauperis by Kelly James Clark, Jr. (Attachments: #1 Proposed Complaint, #2 Local Rule 83.1 Certification)(ccol, ) [Transferred from Virginia Eastern on 4/16/2020.]
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