Ball v. United States of America et al
| Carlos Diaz, Frank Anthony Diaz-Navarro, Matthew Penaloza, Richard Mendoza, Marquil D. Ball, Earnest Martinez, Boyd Phillips and Trevor Jackson |
| B. Parson, B. Parker, D. Hughes, J.C. Streeval, M. Hamilton, Unknown Bailey, United States of America and Unknown Kimmerman |
| 7:2020cv00558 |
| September 16, 2020 |
| US District Court for the Western District of Virginia |
| Roanoke Office |
| Robert S Ballou |
| Joel C Hoppe |
| Michael F Urbanski |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 26
Mail Returned as Undeliverable: re #23 Order Prisoner Conditionally Filed, regarding Marquil D. Ball; forwarded to updated address: USP Coleman 846 NE 54th Terrace, Coleman, FL 33521 (tvt)
|
|
Filing 25
ORDER DISMISSING COMPLAINT without prejudice as to Matthew Penaloza, Boyd Phillips, Richard Mendoza, Carlos Diaz, Trevor Jackson, and Earnest Martinez. Only plaintiff Ball's claims remain pending in the case. Signed by Chief Judge Michael F. Urbanski on 10/26/2020. (Order mailed to Pro Se Parties via US Mail)(tvt)
|
|
Filing 23
Order entered Conditionally Filing this action pursuant to 28 USC Section 1331 Bivens Act; Regarding Consent to Fee as to MARQUIL D. BALL; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal within 20 days. Responses due by 11/6/2020. Signed by Magistrate Judge Joel C. Hoppe on 10/14/2020. (Order mailed to Pro Se Party via US Mail)(slt)
|
|
Filing 24
Mail Returned as Undeliverable: re #16 Order on Motion to Voluntary Dismiss regarding Trevor Jackson; (No forwarding address given) (slt)
|
|
Filing 22
Prisoner Trust Account Report and statement of Assets by MARQUIL D. BALL. (Attachments: #1 Statement of Assets, #2 Cover Letter)(slt)
|
|
IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual #Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking #here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)
|
|
Filing 21
Oral ORDER-Plaintiff Marquil Ball recently notified the court that he will soon be transferred and that he does not have access to all of his legal materials. The Clerk has docketed his letter as a motion for extension and that motion (Dkt. No. 20) is GRANTED. Ball shall have thirty days from the entry of this order to comply with the courts conditional filing order entered September 17, 2020. (as to MARQUIL BALL) Responses due by 11/4/2020 Entered by Magistrate Judge Joel C. Hoppe on 10/2/2020. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Order mailed to Pro Se Party via US Mail)(slt)
|
|
Filing 20
MOTION for Extension of Time to File Response/Reply as to #10 Order by Marquil D. Ball. Motions referred to Judge Joel C. Hoppe. (ck)
|
|
Filing 19
Letter regarding quarantine and transfer by Marquil D. Ball (ck)
|
|
Filing 18
Mail Returned as Undeliverable-Refused: re #11 Order Prisoner Conditionally Filed,, regarding Trevor Jackson; (No forwarding address given) (ck)
|
|
Filing 16
ORDER granting #15 Motion to Voluntary Dismiss as to Frank Anthony Diaz-Navarro Signed by Chief Judge Michael F. Urbanski on 9/29/2020. (Order mailed to Frank Anthony Diaz-Navarro via US Mail)(tvt)
|
|
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)
|
|
Filing 15
MOTION to Voluntary Dismiss by Frank Anthony Diaz-Navarro. (slt)
|
|
Filing 14
Pursuant to STANDING ORDER 2020-16, the U.S. Magistrate Judge Joel C. Hoppe is referred to this case. Magistrate Judge Robert S. Ballou no longer assigned to the case. (slt)
|
|
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 13
Order entered Conditionally Filing this action pursuant to 28 USC Section 1331 Bivens Act; Regarding EARNEST MARTINEZ Prisoner Trust Account;Statement of Assets; Advising inmate as to 3 strikes rule of PLRA; Assessing a filing fee; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal within 20 days Responses due by 10/13/2020. Signed by Magistrate Judge Robert S. Ballou on 9/17/2020. (Order mailed to Pro Se Party via US Mail)(tvt)
|
|
Filing 12
Order entered Conditionally Filing this action pursuant to 28 USC Section 1331 Bivens Act; Regarding FRANK ANTHONY DIAZ-NAVARRO Prisoner Trust Account;Statement of Assets; Advising inmate as to 3 strikes rule of PLRA; Assessing a filing fee; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal within 20 days Responses due by 10/13/2020. Signed by Magistrate Judge Robert S. Ballou on 9/17/2020. (Order mailed to Pro Se Party via US Mail)(tvt)
|
|
Filing 11
Order entered Conditionally Filing this action pursuant to 28 USC Section 1331 Bivens Act; Regarding TREVOR JACKSON Prisoner Trust Account;Statement of Assets; Advising inmate as to 3 strikes rule of PLRA; Assessing a filing fee; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal within 20 days Responses due by 10/13/2020. Signed by Magistrate Judge Robert S. Ballou on 9/17/2020. (Order mailed to Pro Se Party via US Mail)(tvt)
|
|
Filing 10
Order entered Conditionally Filing this action pursuant to 28 USC Section 1331 Bivens Act; Regarding MARQUIL D. BALL Prisoner Trust Account;Statement of Assets; Advising inmate as to 3 strikes rule of PLRA; Assessing a filing fee; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal within 20 days Responses due by 10/13/2020. Signed by Magistrate Judge Robert S. Ballou on 9/17/2020. (Order mailed to Pro Se Party via US Mail)(tvt)
|
|
Filing 9
Order entered Conditionally Filing this action pursuant to 28 USC Section 1331 Bivens Act; Regarding CARLOS DIAZ Prisoner Trust Account;Statement of Assets; Advising inmate as to 3 strikes rule of PLRA; Assessing a filing fee; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal within 20 days Responses due by 10/13/2020. Signed by Magistrate Judge Robert S. Ballou on 9/17/2020. (Order mailed to Pro Se Party via US Mail)(tvt)
|
|
Filing 8
Order entered Conditionally Filing this action pursuant to 28 USC Section 1331 Bivens Act; Regarding RICHARD MENDOZA Prisoner Trust Account;Statement of Assets; Advising inmate as to 3 strikes rule of PLRA; Assessing a filing fee; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal within 20 days Responses due by 10/13/2020. Signed by Magistrate Judge Robert S. Ballou on 9/17/2020. (Order mailed to Pro Se Party via US Mail)(tvt)
|
|
Filing 7
Order entered Conditionally Filing this action pursuant to 28 USC Section 1331 Bivens Act; Regarding BOYD PHILLIPS Prisoner Trust Account;Statement of Assets; Advising inmate as to 3 strikes rule of PLRA; Assessing a filing fee; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal within 20 days Responses due by 10/13/2020. Signed by Magistrate Judge Robert S. Ballou on 9/17/2020. (Order mailed to Pro Se Party via US Mail)(tvt)
|
|
Filing 6
Order entered Conditionally Filing this action pursuant to 28 USC Section 1331 Bivens Act; Regarding MATTHEW PENALOZA Prisoner Trust Account;Statement of Assets; Advising inmate as to 3 strikes rule of PLRA; Assessing a filing fee; Deferring all action in this case; Advising inmate to comply within the allotted time and to notify of changes in address or risk dismissal within 20 days Responses due by 10/13/2020. Signed by Magistrate Judge Robert S. Ballou on 9/17/2020. (Order mailed to Pro Se Party via US Mail)(tvt)
|
|
Filing 5
Case transferred in from District of Michigan Western; Case Number 1:20-cv-00825. Original file certified copy of transfer order and docket sheet received.
|
|
Certified Copy of Order Transferring Case to Other District #4 sent via U.S. Mail to Trevor Jackson, Richard Mendoza, Frank Anthony Diaz-Navarro, Boyd Phillips, Earnest Martinez, Carlos Diaz, Matthew Penaloza, Marquil D. Ball (ns) [Transferred from Michigan Western on 9/16/2020.]
|
|
Filing 4
ORDER TRANSFERRING CASE to the Western District of Virginia; signed by Magistrate Judge Ray Kent (fhw) [Transferred from Michigan Western on 9/16/2020.]
|
|
***Pro Se Staff notes: draft order for transfer sent to Judge Kent (CH) (Pro Se Dept, jmr). [Transferred from Michigan Western on 9/16/2020.]
|
|
Filing 3
NOTICE that this case is now referred to Magistrate Judge Ray Kent after Order of Recusal #2 ; case is no longer referred to Magistrate Judge Green (ns) [Transferred from Michigan Western on 9/16/2020.]
|
|
Copy of Order of Recusal #2 sent via U.S. Mail to Trevor Jackson, Richard Mendoza, Frank Anthony Diaz-Navarro, Boyd Phillips, Earnest Martinez, Carlos Diaz, Matthew Penaloza, Marquil D. Ball (ns) [Transferred from Michigan Western on 9/16/2020.]
|
|
Copy of Notice Regarding Reassignment of Referral Judge After Recusal #3 sent via U.S. Mail to Trevor Jackson, Richard Mendoza, Frank Anthony Diaz-Navarro, Boyd Phillips, Earnest Martinez, Carlos Diaz, Matthew Penaloza, Marquil D. Ball (ns) [Transferred from Michigan Western on 9/16/2020.]
|
|
Filing 2
ORDER OF RECUSAL: Magistrate Judge Phillip J. Green recused from this case; case to be reassigned; signed by Magistrate Judge Phillip J. Green (jkw) [Transferred from Michigan Western on 9/16/2020.]
|
|
***Pro Se Department pre-screening is complete; draft order transferring the case sent to Judge Green (CH). ***Set PROSEMOTION flag (CH) Clear PROSEPRESCREEN flag (Pro Se Dept, jmr) [Transferred from Michigan Western on 9/16/2020.]
|
|
***Notify Pro Se Department of possible action needed re prescreening matter; multi-plaintiff case (ns) [Transferred from Michigan Western on 9/16/2020.]
|
|
Filing 1
COMPLAINT with magistrate referral against All Defendants filed by Trevor Jackson, Richard Mendoza, Frank Anthony Diaz-Navarro, Boyd Phillips, Earnest Martinez, Carlos Diaz, Matthew Penaloza, Marquil D. Ball (ns) [Transferred from Michigan Western on 9/16/2020.]
|
|
***Staff notes: Zero copies of a complaint received from filer (ns) [Transferred from Michigan Western on 9/16/2020.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Virginia Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
