Hall v. Amonette et al
| Anthony Hall |
| Amonette and Kcazynski |
| 7:2020cv00460 |
| August 7, 2020 |
| US District Court for the Western District of Virginia |
| Joel C Hoppe |
| Norman K Moon |
| Michael F Urbanski |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 2, 2020. A more recent docket listing may be available from PACER.
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Filing 38
Order for both Plaintiff and Defendant(s) to Respond with an within 14 days; plaintiff shall file any additional information he has or can obtain about this defendant, including a valid address, and Amonette's counsel shall provide any additional information that may assist in locating this defendant, including his first name, the proper spelling of his last name, and any updatedaddress. Responses due by 10/19/2020. Signed by Magistrate Judge Joel C. Hoppe on 10/2/2020. (Order mailed to Pro Se Party via US Mail)(slt)
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| IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at #ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click #here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at #NextGen Information. (mzc) (ADI) |
| Filing 37 Marshal's Return of service of Summons/Complaint on 9/21/2020 upon Dr. Kcazynski Unexecuted. (tvt) |
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Filing 36
ORDER TRANSFERRING CASE. Case transferred to Chief Judge Michael F. Urbanski for all further proceedings. Senior Judge Norman K. Moon no longer assigned to case. Signed by Senior Judge Norman K. Moon on 9/18/2020. (Order mailed to Pro Se Party via US Mail)(tvt)
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| Filing 35 Summons Issued as to Dr. Kcazynski via the US Marshals. (Attachments: #1 285)(tvt) |
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Filing 34
Order entered Directing the Clerk to attempt service of process via the U.S. Marshals Service upon the named defendants DR. Kcazynski. Signed by Magistrate Judge Joel C. Hoppe on 9/10/2020. (Order mailed to Pro Se Party via US Mail)(tvt)
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| Filing 33 REQUEST FOR WAIVER of Service sent to Kcazynski-Chief Physician of Operations on 8/10/2020. (Service paperwork mailed to Defendant(s) at address provided). Waiver of Service due by 9/9/2020.(slt) |
| Filing 32 Case transferred in from District of Virginia Eastern; Case Number 2:19-cv-00245. Original file certified copy of transfer order and docket sheet received. |
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Filing 31
ORDER. It is ORDERED that #22 Motion to Transfer Case is GRANTED. The Clerk is DIRECTED to effectuate the transfer of this action to the United States District Court for the Western District of Virginia. The court takes no position on the merits of Defendant Amonette's arguments for dismissal, which are set forth in the Motion to Dismiss. The Clerk is FURTHER DIRECTED to send a copy of this Transfer Order to Plaintiff and any counsel of record for Defendants. Signed by District Judge Rebecca Beach Smith on 8/7/2020. Copies mailed 8/7/2020. (jmey, ) [Transferred from Virginia Eastern on 8/7/2020.]
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| Case transferred to District of Western District of Virginia. Original file, certified copy of transfer order, and docket sheet sent. (jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 30 RESPONSE in Opposition re #28 MOTION to Dismiss for Failure to State a Claim Refiled with Correct Document Attached filed by Anthony Hall. (Attachments: #1 Letter, #2 Envelope)(jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 29 RESPONSE in Opposition re #22 MOTION to Transfer Case /Venue filed by Anthony Hall. (Attachments: #1 Letter, #2 Envelope)(jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 28 MOTION to Dismiss for Failure to State a Claim Refiled with Correct Document Attached by Amonette. (Sessoms, Stacie) (related document(s) #25 Motion to Dismiss, #26 Memorandum, #27 Rosboro) Modified on 5/29/2020 to add document relation. (jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Notice of Correction re #25 MOTION to Dismiss for Failure to State a Claim. The document attached is not the correct document. Please refile using the correct document. (jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 27 Roseboro Notice by Amonette (Sessoms, Stacie) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 26 Memorandum in Support re #25 MOTION to Dismiss for Failure to State a Claim filed by Amonette. (Sessoms, Stacie) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 25 MOTION to Dismiss for Failure to State a Claim by Amonette. (Sessoms, Stacie) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 24 Sealed Attachment/Exhibit(s) re #21 Waiver of Service Unexecuted filed by the Office of the Attorney General. Last known address of Defendant Kcazynski. (Attachments: #1 Notice of Declination of Service (copy))(jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 23 Memorandum in Support re #22 MOTION to Transfer Case /Venue filed by Amonette. (Sessoms, Stacie) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 22 MOTION to Transfer Case /Venue by Amonette. (Sessoms, Stacie) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 21 Waiver of Service Returned Unexecuted as to Dr. Kcazynaski, filed by Amonette. (Sessoms, Stacie) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 20 WAIVER OF SERVICE Returned Executed by Amonette. (Sessoms, Stacie) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 19 WAIVER OF SERVICE Returned Executed by Amonette. Amonette waiver sent on 3/24/2020, answer due 5/26/2020. (Sessoms, Stacie) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 18 NOTICE of Appearance by Stacie Ann Sessoms on behalf of Amonette (Sessoms, Stacie) [Transferred from Virginia Eastern on 8/7/2020.] |
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Filing 17
AMENDED ORDER re #15 Order. Signed by District Judge Rebecca Beach Smith on 3/26/2020. Copies mailed 3/27/2020.(jmey, ) [Transferred from Virginia Eastern on 8/7/2020.]
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Filing 16
ORDER. The appropriate officer at the institution at which Plaintiff is incarcerated is DIRECTED to begin submitting monthly installments of twenty percent (20%) of the preceding month's income to the Clerk each time the balance in Plaintiff's inmate account is greater than $10.00. The Clerk is DIRECTED to establish an account for the receipt of installment payments for action number 2:19cv245. The Clerk is DIRECTED to send a copy of this Order to Plaintiff and a copy of this Order and a certified copy of Plaintiff's consent form to the inmate account officer at the institution where Plaintiff is currently incarcerated. Signed by District Judge Rebecca Beach Smith on 3/23/2020. Copies mailed 3/24/2020.(jmey, ) [Transferred from Virginia Eastern on 8/7/2020.]
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Filing 15
ORDER. It is ORDERED that #14 Motion for Reconsideration is DENIED. The court WAIVES the initial partial filing feel in this case only. Plaintiff's Complaint is ORDERED FILED without condition. The Defendants are REQUESTED to return the enclosed Wavier of Service within thirty (30) days from the date of this Order. If Defendants return the enclosed Waiver of Service within the thirty-day period, they are ORDERED to file responsive pleadings or appropriate motions to Plaintiff's Complaint within sixty (60) days from the date set forth on the enclosed Notice of Lawsuit. The Clerk is DIRECTED to send a copy of this Order and the sample Certificate of Service to Plaintiff, and a copy of this Order, a copy of Plaintiff's Complaint, a copy of the Notice of Lawsuit and two copies of the Waiver of Service to Defendants. Signed by District Judge Rebecca Beach Smith on 3/23/2020. Copies mailed 3/24/2020. (jmey, ) [Transferred from Virginia Eastern on 8/7/2020.]
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| Filing 14 MOTION for Reconsideration re #13 Order by Anthony Hall. (Attachments: #1 Letter, #2 Envelope)(jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
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Filing 13
ORDER. #3 Motion for Preliminary Injunction at this time without prejudice. The Clerk is DIRECTED to send a copy of this Order to Plaintiff. Signed by District Judge Rebecca Beach Smith on 12/5/2019. Copies mailed 12/6/2019. (jmey, ) [Transferred from Virginia Eastern on 8/7/2020.]
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| Filing 12 Response to #11 Order filed by Anthony Hall. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
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Filing 11
ORDER. #2 Motion for Leave to Proceed in forma pauperis is GRANTED. The Court DIRECTS Plaintiff to pay an initial partial filing fee of $12.20. The Court DIRECTS Plaintiff to submit the initial partial filing fee or his objection to that fee within thirty (30) days of the date of this Order. Once Plaintiff has submitted the initial partial filing fee, the Clerk is DIRECTED to establish an account for the receipt of installment payments for action number 2:19cv245. The Clerk is DIRECTED to send a copy of this Order to Plaintiff. Signed by District Judge Rebecca Beach Smith on 11/14/2019. Copies mailed 11/14/2019. (jmey, ) [Transferred from Virginia Eastern on 8/7/2020.]
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| Filing 10 Prisoner Trust Fund Account Statement. (jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 9 Letter to Inmate Financial Accounts Officer, August Correctional Center. (jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 8 Submission by Plaintiff. Request for status. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 7 Amendment to #1 Complaint by Anthony Hall. (Attachments: #1 Affidavit, #2 Letter, #3 Envelope)(jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 6 Consent to Collection of Fees by Anthony Hall. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
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Filing 5
ORDER. If Plaintiff wishes to proceed with this action, he is ORDERED to either sign the enclosed consent to collection of fees form and RETURN IT TO THE COURT or to submit the full filing fee of $350.00 within thirty (30) days from the date of this Order. The Clerk is DIRECTED to send a copy of "Selected Procedural Information for Prisoners Who Have Filed a Civil Rights Complaint" to Plaintiff. Plaintiff is DIRECTED to comply with the procedural requirements outlined in that document. The Clerk is DIRECTED to send a copy of this Order, a copy of "Selected Procedural Information for Prisoners Who Have Filed a Civil Rights Complaint" and the Consent to Collection of Fees form to Plaintiff. Signed by District Judge Rebecca Beach Smith on 5/20/2019. Copies mailed 5/21/2019. (Attachments: #1 Consent to Collection of Fees and Selected Procedural Information for Prisoners Who Have Filed a Civil Rights Complaint)(jmey, ) [Transferred from Virginia Eastern on 8/7/2020.]
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| Filing 4 Brief in Support of #1 Complaint by Anthony Hall. (Attachments: #1 Letter, #2 Envelope)(jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 3 MOTION for Preliminary Injunction by Anthony Hall. (jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Anthony Hall. (jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
| Filing 1 COMPLAINT against Amonette, Kcazynski (Filing fee $ 0.00.), filed by Anthony Hall. (Attachments: #1 Letter, #2 Envelope) (2 service copies provided.)(jmey, ) (Main Document 1 replaced on 5/14/2019) (jmey, ). Modified on 3/24/2020 to edit docket text re #15 Order. (jmey, ) [Transferred from Virginia Eastern on 8/7/2020.] |
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