Thomas v. Clear et al
Plaintiff: James Calleb Thomas
Defendant: Stephen Clear, Does 1-5, Mark Amonette and Chad Kilgore
Case Number: 7:2020cv00584
Filed: September 29, 2020
Court: US District Court for the Western District of Virginia
Presiding Judge: Joel C Hoppe
Referring Judge: Norman K Moon
2 Judge: Michael F Urbanski
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2020 Opinion or Order Filing 21 Oral ORDER-The court has directed service upon defendants, but the time for defendants to respond to the complaint has not yet expired. Accordingly, plaintiff's motion for discovery (Dkt. No. 7) is premature, and it is hereby ORDERED that it is DENIED WITHOUT PREJUDICE. Plaintiff may serve discovery on defendants after they enter the case. To the extent that plaintiff seeks the discovery in order to identify the Doe defendants, as ordered by the court on November 3, 2020, it is hereby ORDERED that plaintiff shall have until January 18, 2021, to identify the Doe defendants. Entered by Magistrate Judge Joel C. Hoppe on 11/20/2020. 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)
November 17, 2020 Opinion or Order Filing 20 MOTION for Discovery by James Calleb Thomas. Motions referred to Judge Joel C. Hoppe. (Attachments: #1 Exhibit 1)(aab)
November 12, 2020 Opinion or Order Filing 19 Response re #15 Order to Respond - Prisoner, filed by James Calleb Thomas. (aab)
November 5, 2020 Opinion or Order Filing 18 WAIVER OF SERVICE Returned Executed by Chad Kilgore. Chad Kilgore waiver sent on 10/15/2020, answer due 12/14/2020.(Whiting, Jason) Modified on 11/6/2020, corrected sent and answer due date (aab).
November 5, 2020 Opinion or Order Filing 17 WAIVER OF SERVICE Returned Executed by Stephen Clear. Stephen Clear waiver sent on 10/15/2020, answer due 12/14/2020.(Whiting, Jason) Modified on 11/6/2020, corrected sent and answer due date (aab).
November 5, 2020 Opinion or Order Filing 16 NOTICE of Appearance by Jason Robert Whiting on behalf of Stephen Clear, Chad Kilgore (Whiting, Jason)
November 3, 2020 Opinion or Order Filing 15 Order for Plaintiff to Respond with additional information to identify the John Does 1 - 5 defendnats within 14 days so they may be properly served Responses due by 11/20/2020. Signed by Magistrate Judge Joel C. Hoppe on 11/3/2020. (Order mailed to Pro Se Party via US Mail)(tvt)
November 2, 2020 Opinion or Order Filing 14 Mail Returned as Undeliverable: re #9 Clerks Notice of Service (1983 OAG) regarding Does 1 - 5; (No forwarding address given) (tvt)
October 26, 2020 Opinion or Order Filing 13 WAIVER OF SERVICE Returned Executed by Mark Amonette. Mark Amonette waiver sent on 10/15/2020, answer due 12/14/2020.(Maughan, Laura)
October 26, 2020 Opinion or Order Filing 12 Notice of Declination of Service as to #8 Order Prisoner Service - (1983 OAG), .(Maughan, Laura)
October 26, 2020 Opinion or Order Filing 11 NOTICE of Appearance by Laura Elizabeth Maughan on behalf of Mark Amonette (Maughan, Laura)
October 15, 2020 Opinion or Order Filing 10 REQUEST FOR WAIVER of Service sent to Defendants Clear, Kilgore, and Does 1-5 on 10/15/2020. (Service paperwork mailed to Defendant(s) at Following address SWVRJA, P.O. Box 280, Meadowview, VA 24361.) Waiver of Service due by 11/16/2020. (Attachments: #1 Notice and Waiver sent to Kilgore, #2 Notice and waiver sent to Does 1-5)(slt)
October 15, 2020 Opinion or Order Filing 9 Clerks Notice of Service (OAG 1983) sent to Mark Amonette on 10/15/2020. Pursuant to the agreement of electronic service. Waiver of Service due by 11/16/2020.(slt)
October 15, 2020 Opinion or Order Filing 8 Order entered Directing the Clerk to attempt service of process upon the named defendants Mark Amonette, Stephen Clear, Does 1-5, Chad Kilgore re #1 Complaint, filed by James Calleb Thomas. Signed by Magistrate Judge Joel C. Hoppe on 10/15/2020. ( (Order mailed to Pro Se Party via US Mail)(slt)
October 13, 2020 Opinion or Order Filing 7 Consent to Fee by Plaintiff James Calleb Thomas. (aab)
October 5, 2020 Opinion or Order Filing 6 Order entered Conditionally Filing this action pursuant to 42 USC Section 1983; Regarding Consent to 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 10/28/2020. Signed by Magistrate Judge Joel C. Hoppe on 10/5/2020. (Order mailed to Pro Se Party via US Mail)(slt)
October 5, 2020 Opinion or Order Filing 5 Prisoner Trust Account Report by James Calleb Thomas (slt)
September 30, 2020 Opinion or Order Filing 4 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 9/30/2020. (Order mailed to Pro Se Party via US Mail)(tvt)
September 29, 2020 Opinion or Order Filing 3 Order entered Conditionally Filing this action pursuant to 42 USC Section 1983; Regarding Prisoner Trust Account; 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 10/22/2020. Signed by Magistrate Judge Joel C. Hoppe on 9/29/2020. (Order and docket sheet mailed to Pro Se Party via US Mail)(tvt)
September 29, 2020 Opinion or Order Filing 2 Statement of Assets by James Calleb Thomas (tvt)
September 29, 2020 Opinion or Order Filing 1 COMPLAINT pursuant to 42 U.S.C. 1983 against Mark Amonette, Stephen Clear, Does 1-5, Chad Kilgore, filed by James Calleb Thomas. (Attachments: #1 Cover Letter)(tvt) (Clerk mailed docket sheet to Plaintiff as requested in cover letter). Modified on 9/30/2020, to reflect docket sheet was sent (aab).

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Defendant: Stephen Clear
Represented By: Jason Robert Whiting
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Defendant: Does 1-5
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Defendant: Mark Amonette
Represented By: Laura Elizabeth Maughan
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Defendant: Chad Kilgore
Represented By: Jason Robert Whiting
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Plaintiff: James Calleb Thomas
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