Turner et al v. Haug et al
Plaintiff: Dereck Ray Turner and Jason Anders
Defendant: Chief Kimberly Haug, Major D. O'Dell, Captain McNealy, Lt. Hamilton, Sgt. Truheart, CO Lowe and Captain McNeely
Case Number: 7:2023cv00322
Filed: June 1, 2023
Court: US District Court for the Western District of Virginia
Presiding Judge: Robert S Ballou
Referring Judge: Pamela Meade Sargent
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2023 Opinion or Order 25 Order on Motion to Amend/Correct, mailed to Pro Se Party via US Mail (aab)
July 27, 2023 Opinion or Order Filing 25 MINUTE ORDER finding as moot #20 Motion to Amend/Correct based on Opinion and Order at No. 21. Entered by US Magistrate Judge Pamela Meade Sargent on 7/27/23. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Order to be mailed to Pro Se Party via US Mail)(PMS)
July 25, 2023 Opinion or Order Filing 24 Disposition of Thomas Scott Setphin, Cody Kyle Bourne, Bradley Oliver, Chris Webb, Leon King, Cetan Merzlak filed by Dereck Ray Turner (slt) Modified on 7/26/2023-Corrected misspelling in docket text (slt).
July 21, 2023 Opinion or Order Filing 23 Additional Evidence by Dereck Ray Turner. (documents appear to be copies and the sides are cut off on some of the hand written pages.) (slt)
July 17, 2023 Opinion or Order Filing 22 Declaration by Dereck Ray Turner (tvt)
July 17, 2023 Opinion or Order Filing 21 OPINION and ORDER: Turner's claims against the defendants and Ander's claims against the defendants are hereby SEVERED into two separate civil actions for all future proceedings. The present case 7:23-cv-00322, SHALL include only Derek Ray Turner as the plaintiff against the defendants. If Turner does not wish to pursue the current civil action on his own, he may SUBMIT, within 14 days from the entry of this Order, a motion for voluntary dismissal without prejudice. If he does not withdraw this action within the allotted time, the court will direct the Clerk to order collection of the $350.00 filing fee for this case to begin, as authorized in Turners' Consent to Fee. Signed by US Magistrate Judge Pamela Meade Sargent on 7/17/2023. (Opinion and Order mailed to Pro Se Parties via US Mail)(tvt)
July 7, 2023 Opinion or Order Filing 20 MOTION to Amend/Correct (Pleading not signed by both plaintiffs) #1 Complaint by Dereck Ray Turner. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Letter to Plaintiff from Superintendent)(aab)
July 7, 2023 Opinion or Order Filing 19 Letter/Request regarding if paperwork was received by Dereck Ray Turner. ( Clerk sending docket sheet. Requestor will receive a copy of any order when the Court issues it. ) (aab)
June 22, 2023 Opinion or Order Filing 18 Declaration of Housing Unit F-102 by Dereck Ray Turner (Note: Envelope received has c/o Dora Houk, 375 Rolling Wood Ln., Galax, VA 24333) (tvt)
June 22, 2023 Opinion or Order Filing 17 Consent to Fee by Plaintiff Jason Anders (Note: Envelope received has plaintiff Derek Turner's name with facility address and c/o Dora Houk) (tvt)
June 22, 2023 Opinion or Order Filing 16 Consent to Fee by Plaintiff Dereck Ray Turner (Note: Envelope received has plaintiff's facility address with the following c/o Dora Houk) (tvt)
June 13, 2023 Opinion or Order Filing 15 Order entered Conditionally Filing this action pursuant to 42 USC 1983; Regarding Consent to Fee as to DERECK RAY TURNER; 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 30 days. Responses due by 7/17/2023. Signed by US Magistrate Judge Pamela Meade Sargent on 6/13/2023. (Order mailed to Pro Se Party via US Mail)(aab)
June 13, 2023 Opinion or Order Filing 14 Prisoner Trust Account Report by Dereck Ray Turner (aab)
June 13, 2023 Opinion or Order Filing 13 Order entered Conditionally Filing this action pursuant to 42 USC 1983; Regarding Consent to Fee; as to Jason Anders 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 30 days. Responses due by 7/17/2023. Signed by US Magistrate Judge Pamela Meade Sargent on 6/13/2023. (Order mailed to Pro Se Party via US Mail)(tvt) (Main Document 13 replaced on 6/14/2023 due to .PDF not flattened. Clerk corrected and replaced) (tvt).
June 13, 2023 Opinion or Order Filing 12 Prisoner Trust Account Report by Jason Anders (tvt)
June 9, 2023 Opinion or Order Filing 11 Declaration of James Taber, Evan Hendrix, Jacob Bartlett by Dereck Ray Turner. (Return address notes C/O Dora Houk and non-facility address.) (slt)
June 9, 2023 Opinion or Order Filing 10 Declaration of Shawn Frye by Dereck Ray Turner. (Return address notes C/O Dora Houk and non-facility address.) (slt)
June 9, 2023 Opinion or Order Filing 9 Acknowledgement of receiving Conditionally Filed Order and requesting it to be held conditionally until the Trust Account form and Statements are received filed by Dereck Ray Turner. (slt) (Return address notes C/O Dora Houk and non-facility address.) Modified on 6/9/2023-added docket text regarding return address. (slt).
June 7, 2023 Opinion or Order Filing 8 FINANCIAL AFFIDAVIT regarding Prisoner Trust Account by Dereck Ray Turner (Attachments: #1 Inmate Request Form)(slt)
June 7, 2023 Opinion or Order Filing 7 Note regarding violation of civil liberties filed by Dereck Ray Turner. (slt)
June 7, 2023 Opinion or Order Filing 6 Declaration of Bradly Oliver, Shawn Frye, Ira Adams, Percy Johnson, Frankie Akers, Brandon Miller, James Taber, Robert Hart, Philip Holdaway by Dereck Ray Turner (slt)
June 1, 2023 Opinion or Order Filing 5 Order entered Conditionally Filing this action pursuant to 42 USC 1983; Regarding Plaintiff Dereck Ray Turner 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 30 days. Responses due by 7/5/2023. Signed by US Magistrate Judge Pamela Meade Sargent on 6/1/2023. (Order mailed to Pro Se Party via US Mail)(aab)
June 1, 2023 Opinion or Order Filing 4 Order entered Conditionally Filing this action pursuant to 42 USC 1983; Regarding Plaintiff Jason Anders 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 30 days. Responses due by 7/5/2023. Signed by US Magistrate Judge Pamela Meade Sargent on 6/1/2023. (Order mailed to Pro Se Party via US Mail)(aab)
June 1, 2023 Opinion or Order Filing 3 FINANCIAL AFFIDAVIT by Dereck Ray Turner (slt)
June 1, 2023 Opinion or Order Filing 2 Statement of Assets by Jason Anders, Dereck Ray Turner. (Declared by plaintiff Dereck Turner only but signed by both plaintiffs.) (slt)
June 1, 2023 Opinion or Order Filing 1 COMPLAINT pursuant to 42 U.S.C. 1983 against Hamilton, Kimberly Haug, Lowe, McNealy, D. O'Dell, Truheart, filed by Dereck Ray Turner, Jason Anders.(slt) Modified on 6/5/2023-Per QC, defendant McNealy has been updated to McNeely. (slt).

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Plaintiff: Dereck Ray Turner
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Plaintiff: Jason Anders
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Defendant: Chief Kimberly Haug
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Defendant: Major D. O'Dell
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Defendant: Captain McNealy
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Defendant: Lt. Hamilton
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Defendant: Sgt. Truheart
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Defendant: CO Lowe
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Defendant: Captain McNeely
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