Shephard v. Diamond et al
Petitioner: Charles O. Shephard
Respondent: Alexander Diamond, Patricia Diamond, Guy Smith, Judge Howard Lee Chitwood, Samuel Swindell, Judge Bradley W. Finch, Virginia Department of Child Support Enforcement and Patricia Ann Parker
Case Number: 7:2024cv00244
Filed: April 10, 2024
Court: US District Court for the Western District of Virginia
Presiding Judge: Robert S Ballou
Referring Judge: C Kailani Memmer
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 30, 2024 Filing 25 Roseboro Notice re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #20 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, #19 MOTION to Dismiss for Lack of Jurisdiction . (Notice mailed to Pro Se Party/Parties via US Mail)(jv)
May 29, 2024 Filing 24 Brief / Memorandum in Support re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Guy Smith. (Royer, Jennifer)
May 29, 2024 Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Guy Smith. (Royer, Jennifer)
May 29, 2024 Filing 22 NOTICE of Appearance by Jennifer Dillow Royer on behalf of Guy Smith (Royer, Jennifer)
May 29, 2024 Filing 21 Brief / Memorandum in Support re #20 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim . filed by Howard Lee Chitwood, Bradley W. Finch. (Burgess, Pebbles)
May 29, 2024 Filing 20 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Howard Lee Chitwood, Bradley W. Finch. (Burgess, Pebbles)
May 29, 2024 Filing 19 MOTION to Dismiss for Lack of Jurisdiction by Bradley W. Finch. (Burgess, Pebbles)
May 29, 2024 Filing 18 NOTICE of Appearance by Pebbles LaRae Burgess on behalf of Howard Lee Chitwood, Bradley W. Finch (Burgess, Pebbles)
May 21, 2024 Filing 17 Memorandum of Law In Support of the 28 U.S.C. Section 1915(e)(2) Review, 12(b)(6) Motion to Dismiss, Rule 56 Motion For Summary Judgment and ANSWER to #8 Amended Complaint, by Alexander Diamond, Patricia Diamond.(sln) (Additional attachment/envelope added on 5/21/2024: #1 (sln).
May 21, 2024 Filing 16 Brief / Memorandum in Support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alexander Diamond, Patricia Diamond. (sln)
May 20, 2024 Filing 15 Roseboro Notice re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Notice mailed to Pro Se Party via US Mail)(skm)
May 17, 2024 Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Answer, Memo., Mot. to Dismiss/Summary Judg. ANSWER to #8 Amended Complaint, by Samuel Swindell. (Attachments: #1 Affidavit, #2 Exhibit Swindell Exhibit A DC-514's)(Swindell, Samuel) Modified on 5/20/2024 to change filing to a motion (skm).
May 16, 2024 Filing 13 Summons Returned Unexecuted as to Patricia Ann Parker.(sln)
May 16, 2024 Filing 12 SUMMONS Returned Executed by USMS. Howard Lee Chitwood served on 5/8/2024, answer due 5/29/2024; Alexander Diamond served on 5/8/2024, answer due 5/29/2024; Patricia Diamond served on 5/8/2024, answer due 5/29/2024; Bradley W. Finch served on 5/8/2024, answer due 5/29/2024; Guy Smith served on 5/8/2024, answer due 5/29/2024; Samuel Swindell served on 5/8/2024, answer due 5/29/2024; Virginia Department of Child Support Enforcement served on 5/8/2024, answer due 5/29/2024. (Attachments: #1 Summons Returned Executed as to Alexander Diamond, #2 Summons Returned Executed as to Samuel Swindell, #3 Summons Returned Executed as to Guy Smith, #4 Summons Returned Executed as to Virginia Department of Child Support Enforcement, #5 Summons Returned Executed as to Alexander Diamond, #6 Summons Returned Executed as to Judge Bradley W. Finch)(sln) Modified docket text to reflect returned by USMS on 5/17/2024 (sln).
April 30, 2024 Filing 11 USM285 forms re #10 by Charles O. Shephard. (Attachments: #1 USM285 as to Patricia Diamond, #2 USM285 as to Alexander Diamond, #3 USM285 as to Guy Smith, #4 USM285 as to Howard Lee Chitwood, #5 USM285 as to Virginia Department of Child Support, #6 USM285 as to Patricia Ann Parker, #7 USM285 as to Sam Swindell)(sln) Modified docket text on 4/30/2024 (sln).
April 30, 2024 Filing 10 Summons Issued as to Howard Lee Chitwood, Alexander Diamond, Patricia Diamond, Bradley W. Finch, Patricia Ann Parker, Guy Smith, Samuel Swindell, Virginia Department of Child Support Enforcement. (Attachments: #1 Summons Issued as to Patricia Diamond, #2 Summons Issued as to Alexander Diamond, #3 Summons Issued as to Guy Smith, #4 Summons Issued as to Judge Howard Lee Chitwood, #5 Summons Issued as to VA Department of Child Support, #6 Summons Issued as to Patricia Ann Parker, #7 Summons Issued as to Sam Swindell)(sln)
April 26, 2024 Filing 9 Proposed Subpoenas To Produce Documents by Charles O. Shephard (sln) Modified on 5/7/2024- amended to show that petitioner made this submission to the court. (kab).
April 26, 2024 Filing 8 SECOND AMENDED COMPLAINT against Howard Lee Chitwood, Alexander Diamond, Patricia Diamond, Bradley W. Finch, Patricia Ann Parker, Guy Smith, Samuel Swindell, Virginia Department of Child Support Enforcement, filed by Charles O. Shephard.(sln) Modified, added second to text title on 4/30/2024 (sln). (Main Document 8 replaced with file stamped document on 4/30/2024) (sln).
April 23, 2024 Opinion or Order Filing 7 ORDER regarding clarity re #2 EDVA Order on Motion for Leave to Proceed in forma pauperis. Signed by District Judge Robert S. Ballou on 04/23/2024. (Order mailed to Pro Se Party/Parties via US Mail)(sln)
April 11, 2024 Filing 6 Case transferred in from District of Virginia Eastern; Case Number 3:24-cv-00168. Original file certified copy of transfer order and docket sheet received.
April 10, 2024 Opinion or Order Filing 5 ORDER; finding this case was filed in the wrong venue, the Court DIRECTS the Clerk to TRANSFER this case to the U.S. District Court for the Western District of Virginia, Roanoke Division. Signed by District Judge John A. Gibney, Jr. on 4/10/24. (wtuc) [Transferred from Virginia Eastern on 4/11/2024.]
April 1, 2024 Filing 4 AMENDED COMPLAINT against Alexander Diamond, Patricia Diamond, Guy Smith, Howard Lee Chitwood filed by Charles O. Shephard.(jenjones, ) [Transferred from Virginia Eastern on 4/11/2024.]
March 11, 2024 Filing 3 COMPLAINT against Alexander Diamond, Patricia Diamond, filed by Charles O. Shephard.(wtuc) [Transferred from Virginia Eastern on 4/11/2024.]
March 11, 2024 Opinion or Order Filing 2 ORDER granting #1 Motion for Leave to Proceed in forma pauperis; the Court DIRECTS the Clerk to docket the complaint; the Court DIRECTS the plaintiff to file an amended complaint within 21 days of this order. Signed by District Judge John A. Gibney, Jr. on 3/11/24. (wtuc) [Transferred from Virginia Eastern on 4/11/2024.]
March 7, 2024 Filing 1 MOTION for Leave to Proceed in forma pauperis by Charles O. Shephard. (Attachments: #1 Complaint (Received), #2 Local Rule 83.1 Certification) (jsmi, ) [Transferred from Virginia Eastern on 4/11/2024.]

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Petitioner: Charles O. Shephard
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Respondent: Alexander Diamond
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Respondent: Patricia Diamond
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Respondent: Guy Smith
Represented By: Jennifer Dillow Royer
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Respondent: Judge Howard Lee Chitwood
Represented By: Pebbles LaRae Burgess
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Respondent: Samuel Swindell
Represented By: Samuel Van Saun Swindell
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Respondent: Judge Bradley W. Finch
Represented By: Pebbles LaRae Burgess
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Respondent: Virginia Department of Child Support Enforcement
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Respondent: Patricia Ann Parker
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