Ballance v. Holman et al
| Kevin Ballance |
| C. A. Bryant, A. David Robinson, J. O. Holman, D. Lesueur, D. Forbes, T. Rouse, A. Quinn, F. Martin, J. Woodson and S. Meinhorl |
| 7:2021cv00187 |
| March 31, 2021 |
| US District Court for the Western District of Virginia |
| Glen E Conrad |
| James P Jones |
| Pamela Meade Sargent |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on September 28, 2022. A more recent docket listing may be available from PACER.
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Filing 39
ORDER granting #38 Motion to Preserve Evidence, and it is ORDERED that the defendants shall preserve the items listed in the Motion for possible use as evidence if this case proceeds. Signed by Magistrate Judge Pamela Meade Sargent on 5/20/2021. (Order mailed to Pro Se Party via US Mail)(tvt)
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Filing 38
Motion to Preserve Evidence by Kevin Ballance. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Motion in Support, #2 Envelope)(slt)
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Filing 37
AFFIDAVIT 1 by Kevin Ballance (Attachments: #1 Affidavit 2, #2 Cover Letter and envelope)(slt)
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Filing 36
Oral ORDER TRANSFERRING CASE. Case transferred to Judge James P. Jones for all further proceedings. All nondisopositive matters shall remain referred to United States Magistrate Judge Pamela Meade Sargent. Senior District Judge Glen E. Conrad no longer assigned to case. Entered by Chief Judge Michael F. Urbanski on 5/14/2021. 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)(tvt)
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Filing 35
NOTICE to the Court regarding Interrogatories by Kevin Ballance (tvt)
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Filing 34
Order that unless plaintiff provides the court proof of service of process on defendant S. Meinhorl within 14 days from the date of the entry of this Order, all claims against this defendant will be dismissed without prejudice, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Pamela Meade Sargent on 4/28/2021. Responses due by 5/17/2021 (Order mailed to Pro Se Party via US Mail)(slt)
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Filing 33
Brief / Response re #30 Order to Respond filed by Kevin Ballance. (slt)
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Filing 32
Response re #31 Request for Copies .. (tvt)
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Filing 31
Request for Copies by Kevin Ballance (tvt)
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Filing 30
Order for Plaintiff to Respond with sufficient information about defendant S. Meinhorl and his involvement in this case, so that the court can attempt a wavier of service of process from this defendants within 21 days; the Clerk is DIRECTED to remove exhibits from the original complaint #1 and to docket them to the Amended Complaint #5 , and to place page 38 of those exhibits, separately, UNDER SEAL in perpetuity for the reasons state in the Eastern District's Order; Plaintiff's motion to compel #26 is DENIED, and all discovery except requests pertaining to exhaustion is STAYED and will remain stayed until the court has resolved the pending Motion for Summary Judgment #19 Responses due by 4/29/2021. Signed by Magistrate Judge Pamela Meade Sargent on 4/5/2021. (Order mailed to Pro Se Party via US Mail)(tvt)
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Filing 29
Case transferred in from District of Virginia Eastern; Case Number 1:20-cv-01065. Original file certified copy of transfer order and docket sheet received.
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Filing 28
ORDERED that this action be TRANSFERRED to the United States District Court for the Western District of Virginia, Roanoke Division. Signed by District Judge Leonie M. Brinkema on 03/31/2021. (dvanm, c/m 3/31/2021) [Transferred from Virginia Eastern on 3/31/2021.]
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Case transferred to Western District of Virginia. Original file, certified copy of transfer order, and docket sheet sent. (dvanm, ) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 27
RESPONSE in Opposition re #26 MOTION to Compel filed by C. A. Bryant, D. Forbes, J. O. Holman, D. Lesueur, F. Martin, A. Quinn, A. David Robinson, T. Rouse, J. Woodson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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***Motions terminated: #5 MOTION to Amend/Correct #1 Prisoner Complaint, filed by Kevin Ballance. (dvanm, ) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 26
MOTION to Compel Discovery by Kevin Ballance. (Attachments: #1 Envelope)(dvanm, ) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 25
Letter to the court. (dvanm, ) (Main Document 25 replaced on 2/22/2021) (dvanm, ). (Additional attachment(s) added on 2/22/2021: #1 Envelope) (dvanm, ). [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 24
Declaration by Kevin Ballance. (dvanm, ) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 23
ORDERED that defendants' motion to stay discovery #14 be and is GRANTED IN PART AND DENIED IN PART such that defendants need not respond to any discovery requests plaintiff propounds upon them except those relevant to plaintiffs efforts to exhaust his claims. This stay will remain in effect until a decision is rendered with respect to defendant's currently-pending motion for summary judgment; and it is further ORDERED that Page 1 of Docket Entry 22-1 be and is SEALED in perpetuity. Signed by District Judge Leonie M. Brinkema on 01/12/2021. (dvanm, c/m 01/21/2021). [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 22
Objection to #14 MOTION to Stay Discovery filed by Kevin Ballance. (Attachments: #1 Part 2 of 4, #2 Part 3 of 4, #3 Part 4 of 4)(dvanm, ) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 21
Roseboro Notice by C. A. Bryant, D. Forbes, J. O. Holman, D. Lesueur, F. Martin, A. Quinn, A. David Robinson, T. Rouse, J. Woodson (White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 20
Memorandum in Support re #19 MOTION for Summary Judgment filed by C. A. Bryant, D. Forbes, J. O. Holman, D. Lesueur, F. Martin, A. Quinn, A. David Robinson, T. Rouse, J. Woodson. (Attachments: #1 Affidavit of Meinhard)(White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 19
MOTION for Summary Judgment by C. A. Bryant, D. Forbes, J. O. Holman, D. Lesueur, F. Martin, A. Quinn, A. David Robinson, T. Rouse, J. Woodson. (White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 18
ANSWER to Complaint by C. A. Bryant, J. Woodson.(White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 17
ANSWER to Complaint by D. Forbes, J. O. Holman, D. Lesueur, F. Martin, A. Quinn, A. David Robinson, T. Rouse.(White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 16
NOTICE by C. A. Bryant, D. Forbes, J. O. Holman, D. Lesueur, F. Martin, A. Quinn, A. David Robinson, T. Rouse, J. Woodson re #6 Order of Prisoner Service (1983), of Declination (White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 15
NOTICE of Appearance by Ann-Marie Catherine White on behalf of A. David Robinson (White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 14
MOTION to Stay Discovery by C. A. Bryant, D. Forbes, J. O. Holman, D. Lesueur, F. Martin, A. Quinn, T. Rouse, J. Woodson. (Attachments: #1 Exhibit Plaintiff's Interrogatories to Defendants)(White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 13
WAIVER OF SERVICE Returned Executed by D. Lesueur, T. Rouse, C. A. Bryant, D. Forbes, J. O. Holman, J. Woodson, F. Martin, A. Quinn. D. Lesueur waiver sent on 11/5/2020, answer due 1/4/2021; T. Rouse waiver sent on 11/5/2020, answer due 1/4/2021; C. A. Bryant waiver sent on 11/5/2020, answer due 1/4/2021; D. Forbes waiver sent on 11/5/2020, answer due 1/4/2021; J. O. Holman waiver sent on 11/5/2020, answer due 1/4/2021; J. Woodson waiver sent on 11/5/2020, answer due 1/4/2021; F. Martin waiver sent on 11/5/2020, answer due 1/4/2021; A. Quinn waiver sent on 11/5/2020, answer due 1/4/2021. (White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 12
NOTICE of Appearance by Ann-Marie Catherine White on behalf of C. A. Bryant, D. Forbes, J. O. Holman, D. Lesueur, F. Martin, A. Quinn, T. Rouse, J. Woodson (White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 11
Objection to #8 MOTION to Seal filed by Kevin Ballance. (dvanm, ) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 10
ORDER granting #8 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 11/12/2020. (dvanm, ) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 9
Memorandum in Support re #8 MOTION to Seal filed by Virginia Department Of Corrections. (Attachments: #1 Proposed Order)(White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 8
MOTION to Seal by Virginia Department Of Corrections. (White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 7
NOTICE of Appearance by Ann-Marie Catherine White on behalf of Virginia Department Of Corrections (White, Ann-Marie) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 6
ORDERED that plaintiffs motion to amend his complaint #5 be and is GRANTED, and the amended complaint #5 is hereby deemed the sole operative complaint in this civil action. Signed by District Judge Leonie M. Brinkema on 11/05/2020. (Attachments: #1 Notice of Lawsuit and Waiver)(dvanm, c/m 11/5/2020) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 5
MOTION to Amend #1 Prisoner Complaint, by Kevin Ballance. (dvanm, ) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 4
PLRA Filing fee: $ 400.00, receipt number 14683086955. (dvanm, ) [Transferred from Virginia Eastern on 3/31/2021.]
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***Case Reopened per order #3 of September 17, 2020. (dvanm, ) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 3
ORDERED that this action be and is DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. 1915(g), for failure to pay the full statutory filing fee of $400.00. Signed by District Judge Leonie M. Brinkema on 09/17/2020. (dvanm, c/m 9/17/2020)[Transferred from Virginia Eastern on 3/31/2021.]
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***Civil Case Terminated. (dvanm, ) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 2
Acknowledgment of Receipt. (dvanm, c/m 9/16/2020) [Transferred from Virginia Eastern on 3/31/2021.]
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Filing 1
Prisoner COMPLAINT against C. A. Bryant, D. Forbes, J. O. Holman, D. Lesueur, F. Martin, A. Quinn, T. Rouse, J. Woodson, filed by Kevin Ballance. (Attachments: #1 PDR, #2 Affidavit Part 1 of 2, #3 Affidavit Part 2 of 2, #4 Declaration, #5 Letter, #6 Envelope)(dvanm, ) [Transferred from Virginia Eastern on 3/31/2021.]
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