Meyers v. Dye et al
| David Meyers |
| B. Dye, R. Bishop, S. Young, C. Cline, S. Yates, R. Walz, Investigator Johnson, W. Swiney, J. Kiser, T. Dorton, F. Stanley, M. Counts, L. Mullins, A. Kilgore, D. Tate, J. Fannin, J. Bentley, Arvil Galihar, Geraldine Baker, U/M Duncan, K. Counts, Marcus Elam, Kieth Dawkins and Art Rip |
| 7:2022cv00298 |
| June 9, 2022 |
| US District Court for the Western District of Virginia |
| Elizabeth K Dillon |
| Joel C Hoppe |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 1, 2022. A more recent docket listing may be available from PACER.
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Filing 50
ORDER DISMISSING CASE WITHOUT Prejudice. Signed by Judge Elizabeth K. Dillon on 8/1/2022. (Order mailed to Pro Se Party via US Mail)(aab)
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Filing 49
MEMORANDUM OPINION. Signed by Judge Elizabeth K. Dillon on 8/1/2022. (Opinion mailed to Pro Se Party via US Mail)(aab)
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Assembled Supplemental Electronic Record Transmitted to 4CCA re #46 Notice of Interlocutory Appeal (aab)
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Filing 48
USCA Notice of Appellate Case Opening re #46 Notice of Interlocutory Appeal filed by David Meyers. USCA Case Number 22-6785. Case Manager: Rickie Edwards. (aab)
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Filing 47
Transmittal of Notice of Appeal to 4CCA re #46 Notice of Interlocutory Appeal NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (tvt)
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Filing 46
NOTICE OF INTERLOCUTORY APPEAL as to #45 Order to Respond - Prisoner, by David Meyers. (tvt)
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Assembled Electronic Record Transmitted to 4CCA re #46 Notice of Interlocutory Appeal (Clerk sending plaintiff copy of Order #10 from case 7:19-cv-00573 and Order #45 in this case as well as blank complaint form)(tvt)
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Filing 45
Order for Plaintiff to Respond with an Amended Complaint within 21 days. It is further ORDERED that Meyers is not to file any other documents with the court in this case, other than his amended complaint. He is advised that his amended complaint and any future filings are all subject to the injunction order referenced supra at note 1. Responses due by 7/18/2022. Signed by Judge Elizabeth K. Dillon on 6/22/2022. (Order, 1983 form, and injunction order mailed to Pro Se Party via US Mail)(aab)
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Filing 44
Case transferred in from District of Virginia Eastern; Case Number 2:18-cv-00616. Original file certified copy of transfer order and docket sheet received.
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Filing 43
TRANSFER ORDER. It is ORDERED that the above-captioned case shall be, and hereby is, TRANSFERRED to the United States District Court for the Western District of Virginia. The Clerk is DIRECTED to send a copy of this Transfer Order to Plaintiff and to effectuate the transfer of this case to the United States District Court for the Western District of Virginia. Signed by District Judge Arenda L. Wright Allen on 6/9/2022. Copies mailed 6/9/2022.(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Case Reopened. (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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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 6/9/2022.]
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STAYED flag(s) removed. (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Referred #40 to Staff Attorney. (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #42 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 42
SUBMISSION BY PLAINTIFF. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 41
ORDER. The Clerk is DIRECTED to update the docket to reflect Plaintiff's current address of record as Scotland Correctional Institution, 22383 McGirts Bridge Road, Laurinburg, North Carolina 28353. The Clerk is further DIRECTED to send a copy of this Order to Plaintiff. Signed by District Judge Arenda L. Wright Allen on 2/1/2022. Copies mailed 2/1/2022.(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Resent #40 to updated address re #41 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 40
ORDER. Plaintiff is ORDERED to file an Amended Complaint within twenty-one (21) days of the date of entry of this Order. Pending the Court's receipt of Plaintiff's Amended Complaint, this action is STAYED, and the action will be removed from the Court's active docket. The Clerk is DIRECTED to send a copy of this Order to Plaintiff. Signed by District Judge Arenda L. Wright Allen on 1/13/2022. Copies mailed 1/13/2022. (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Suspense due by 2/14/2022 re #40 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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STAYED flag(s) set. (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Civil Case Terminated. (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 39
USCA Mandate re #32 Notice of Appeal. Rule 45 Mandate. This court's order dismissing this appeal pursuant to Local Rule 45 takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure.(21-6637) (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 38
ORDER of USCA as to #32 Notice of Appeal filed by David Meyers.The court dismisses this proceeding for failure to prosecute pursuant to Local Rule 45. (21-6637) (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 37
SUBMISSION by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #37 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 36
SUBMISSION by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #35 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 35
SUBMISSION by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 34
USCA Case Number 21-6337 - Richard H. Sewell, Case Manager for #32 Notice of Appeal filed by David Meyers. (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 33
Transmission of Notice of Appeal to US Court of Appeals re #32 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) (jmey, ) Modified on 4/26/2021 to edit filed on date. (jmey, ). [Transferred from Virginia Eastern on 6/9/2022.]
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Assembled INITIAL Electronic Record Transmitted to 4CCA re #32 Notice of Appeal. (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #30 - #33 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 32
NOTICE OF APPEAL as to #28 Order by David Meyers. Filing fee $ 0.00. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 31
Objection to #28 Order filed by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 30
SUBMISSION by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #29 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 29
SUBMISSION by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 28
ORDER. It is ORDERED that all pending motions filed by Plaintiff - with the exception of Plaintiff's first-filed Motion for Leave to Proceed in Forma Pauperis - are DISMISSED without prejudice. The Clerk is DIRECTED to docket any future motions filed by Plaintiff, other than any motions specifically authorized by Court order, as a submission. Signed by District Judge Arenda L. Wright Allen on 3/26/2021. Copies mailed 3/29/2021. (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 27
MOTION by David Meyers. (Attachments: #1 Proposed Order, #2 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #27 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #26 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 26
MOTION for Recusal by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #24 and #25 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 25
MOTION for Leave to Proceed in forma pauperis Under Imminent Danger Exception by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 24
CONSOLIDATED MOTION by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #20 - #23 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 23
Objection filed by David Meyers. (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 22
MOTION to Transfer Case by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 21
MOTION for Recusal by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 20
MOTION for Injunction by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #18 and #19 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 19
MOTION for Recusal by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 18
MOTION to Transfer Case by David Meyers. (Attachments: #1 Letter, #2 Proposed Order, #3 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #17 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 17
CONSOLIDATED MOTION by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #14 - #16 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 16
MOTION for Permanent Injunction by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 15
Consolidated Motion for Injunction (TRO) by David Meyers. (Attachments: #1 Attachments)(epri, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 14
Consolidated Motion for Injunction (TRO) by David Meyers. (Attachments: #1 Attachments)(epri, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 13
Submission by Plaintiff. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #13 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #11 and #12 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 12
Amendment to #11 MOTION for Preliminary Injunction by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 11
MOTION for Preliminary Injunction by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #10 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 10
NOTICE of Change of Address by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 9
ORDER. It is ORDERED that #5 Motion to Consolidate Cases is DENIED. Plaintiff's Request for an Evidentiary Hearing is DENIED as unnecessary. #8 Motion for Reconsideration is DENIED as unnecessary. Plaintiff request for the appointment of counsel is DENIED without prejudice. #2 Motion for Leave to Proceed in forma pauperis is GRANTED. The Clerk is DIRECTED to send a copy of this Order to Plaintiff. Signed by District Judge Arenda L. Wright Allen on 11/12/2019. Copies mailed 11/13/2019. (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #7 and #8 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 8
MOTION for Reconsideration by David Meyers. (Attachments: #1 Sealed Exhibits, #2 Letter, #3 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 7
NOTICE of Imminent Danger by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #6 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 6
AFFIDAVIT by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #5 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 5
MOTION to Consolidate Cases by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #4 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 4
Consent to Collection of Fees by David Meyers. (Attachments: #1 Envelope)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 3
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 FURTHER DIRECTED to send a copy of this Order and the consent to collection of fees form to Plaintiff. Signed by District Judge Arenda L. Wright Allen on 1/8/2018. Copies mailed 1/8/2019. (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 6/9/2022.]
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Suspense due by 2/19/2019 re #3 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis by David Meyers. (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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Filing 1
COMPLAINT, Conditionally filed against Geraldine Baker, J. Bentley, R. Bishop, C. Cline, K. Counts, M. Counts, Kieth Dawkins, T. Dorton, U/M Duncan, B. Dye, Marcus Elam, J. Fannin, Arvil Galihar, Investigator Johnson, A. Kilgore, J. Kiser, L. Mullins, Art Rip, F. Stanley, W. Swiney, D. Tate, R. Walz, S. Yates, S. Young (Filing fee $ 0.00.), filed by David Meyers. (Attachments: #1 Letter, #2 Envelope) (No service copies provided.)(jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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***Staff notes - Notified Staff Attorney re #1 and #2 . (jmey, ) [Transferred from Virginia Eastern on 6/9/2022.]
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