Shy v. Kissel et al
Plaintiff: Christopher Alexander Shy
Defendant: Prime Care Medical, Prime Care Medical-Eastern Regional Jail, Jennifer Bennett, Rhonda, Prime Care Medical Staff, Tamara Kissel and Stillwell/John Doe
Case Number: 1:2018cv00153
Filed: August 9, 2018
Court: US District Court for the Northern District of West Virginia
Office: Clarksburg Office
County: Berkeley
Presiding Judge: Michael John Aloi
Referring Judge: Irene M Keeley
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2018 Opinion or Order Filing 31 ORDER GRANTING IN PART DEFENDANTS MOTION FOR EXTENSION OF TIME. Court will only GRANT IN PART their motion ECF No. #30 at this time. Defendants must file their answer or otherwise respond to the complaint on or before October 8, 2018. Signed by Magistrate Judge Michael John Aloi on 10/1/2018. (copy Pro Se Plaintiff via certified mail)(jmm) (Additional attachment(s) added on 10/1/2018: #1 Certified Mail Return Receipt) (jmm).
September 28, 2018 Filing 30 MOTION for Extension of Time to File Answer re #18 Amended Complaint by Jennifer Bennett, Tamara Kissel, Prime Care Medical Staff, Prime Care Medical-Eastern Regional Jail, Rhonda, Stillwell/John Doe. (O'Hare, Anne)
September 27, 2018 Filing 29 NOTICE of Change of Address by Christopher Alexander Shy. (Attachments: #1 Envelope)(address on docket sheet updated)(jmm)
September 17, 2018 Filing 28 RETURN RECEIPT as to #26 ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS #2 . SERVICE ACCEPTED on 9/14/2018. (wrr)
September 13, 2018 Filing 27 RETURN RECEIPT as to #21 ORDER TO ANSWER. SERVICE ACCEPTED on 9/10/2018, per USPS. (wrr)
September 11, 2018 Opinion or Order Filing 26 ORDER GRANTING PLAINTIFFS MOTION TO PROCEED IN FORMA PAUPERIS #2 . Court hereby ORDERS that a copy of this Order shall be forwarded to the Trustee Officer of the institution having custody of plaintiff. Trustee Officer of the institution having custody of plaintiff shall forward to the Financial Deputy Clerk, 20% of the preceding months income. The agency having custody of the prisoner must forward payments from the prisoners account to the Clerk of Court each time the amount in the account exceeds $10.00 until the filing fee is paid in full. Signed by Magistrate Judge Michael John Aloi on 9/11/2018.(copy Financial Deputy Clerk via email, Trustee Clerk, with a copy of the executed consent to collection form via US mail, Pro Se Plaintiff via certified mail) (jmm) (Additional attachment(s) added on 9/11/2018: #1 Certified Mail Return Receipt) (jmm).
September 11, 2018 Filing 25 RETURN RECEIPT as to #16 Order, #17 Order on Motion to Appoint Counsel. SERVICE ACCEPTED on 9/8/2018 per USPS website. (jmm)
September 10, 2018 Filing 23 SUMMONS Returned Executed as to Jennifer Bennett served on 9/7/2018; Tamara Kissel served on 9/7/2018; Rhonda served on 9/7/2018; Stillwell/John Doe served on 9/7/2018. (Attachments: #1 J. Bennett, #2 Rhonda, #3 T. Kissel)(jmm)
September 5, 2018 Opinion or Order Filing 21 ORDER TO ANSWER; Based upon a preliminary review of the complaint, the undersigned finds that summary dismissal is not appropriate at this time. Accordingly, the Clerk is directed to forthwith issue a twenty-one (21) day summons for each defendant. The summonses should be directed to the defendants at the addresses provided by the plaintiff in the complaint. The Marshal Service shall serve the defendants within sixty (60) days from the date of this Order. Signed by Magistrate Judge Michael John Aloi on 9/5/2018. (copy USM, copy pro se plaintiff via certified mail)(jmm) (Main Document 21 replaced correct language in order on 9/5/2018 NEF regenerated) (jmm). (Additional attachment(s) added on 9/5/2018: #1 Certified Mail Return Receipt) (jmm).
September 4, 2018 Filing 20 LETTER from Christopher Shy to Clerk/Note to Judge Keeley. (Attachments: #1 Envelope)(jmm)
September 4, 2018 Filing 19 MOTION to Appoint Counsel by Christopher Alexander Shy. (Attachments: #1 Envelope)(jmm)
September 4, 2018 Filing 18 AMENDED COMPLAINT against All Defendants, filed by Christopher Alexander Shy. (Attachments: #1 Envelope)(jmm)
September 4, 2018 Opinion or Order Filing 17 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL. The Plaintiffs motion for appointment of counsel ECF No. #10 is DENIED. Signed by Magistrate Judge Michael John Aloi on 9/4/2018. (copy pro se plaintiff via certified mail)(jmm) (Additional attachment(s) added on 9/4/2018: #1 Certified Mail Return Receipt) (jmm).
September 4, 2018 Opinion or Order Filing 16 ORDER DENYING AS MOOT PLAINTIFFS MOTION. On August 21, 2018, the Clerk of Court sent Plaintiff the 1983 packet he requested. Therefore, because there is no further relief to be granted, Plaintiffs motion ECF No. #11 must be DENIED as moot. Signed by Magistrate Judge Michael John Aloi on 9/4/2018. (copy pro se Plaintiff via certified mail)(jmm) (Additional attachment(s) added on 9/4/2018: #1 Certified Mail Return Receipt) (jmm).
August 30, 2018 Filing 15 RETURN RECEIPT as to #12 Order. SERVICE ACCEPTED on 8/27/2018. (jmm)
August 27, 2018 Filing 14 RETURN RECEIPT as to #8 Order. SERVICE ACCEPTED on 8/24/2018. (jmm)
August 27, 2018 Filing 13 RETURN RECEIPT as to #8 Order. SERVICE ACCEPTED on 8/24/2018 per usps tracking. (jmm)
August 23, 2018 Opinion or Order Filing 12 ORDER AND NOTICE: It is hereby ORDERED that the Plaintiff is granted leave to file an Amended Complaint. It is further ORDERED that the Amended Complaint must identify, to the best of the Plaintiff's information and belief, each individual the Plaintiff seeks to name as a defendant. It is hereby ORDERED that the plaintiff's Amended Complaint shall be filed within twenty-one days of the date of this Order. The Clerk of Court is DIRECTED to send Plaintiff a copy of another court-approved 1983 form complaint to file his Amended Complaint. Signed by Magistrate Judge Michael John Aloi on 8/23/2018. (Copy of Order and Court-approved form complaint sent to PS Plaintiff via CM, RRR.)(wrr) (Additional attachment(s) added on 8/23/2018: #1 Court-Approved Form) (wrr). (Attachment 1 replaced on 8/23/2018 with correct form.) (wrr). (Additional attachment(s) added on 8/23/2018: #2 Certified Mail Return Receipt) (wrr).
August 21, 2018 Filing 11 MOTION for Extension of Time to File and requesting 1983 packet by Christopher Alexander Shy. (Attachments: #1 Envelope)(jmm) (Additional attachment(s) added on 8/21/2018: #2 Repsonse letter from Deputy Clerk to Mr. Shy with 1983 form enclosed via US mail) (jmm).
August 21, 2018 Filing 10 MOTION to Appoint Counsel by Christopher Alexander Shy. (Attachments: #1 Envelope)(jmm)
August 21, 2018 Filing 9 Pro Se Plaintiff's Supplement re #1 Complaint filed by Christopher Alexander Shy. (Attachments: #1 Envelope)(jmm)
August 20, 2018 Opinion or Order Filing 8 ORDER DIRECTING PRISON TRUST ACCOUNT OFFICER TO PRODUCE LEDGER SHEETS FOR PLAINTIFFS PRISON TRUST ACCOUNT REPORT; It is ORDERED that within TWENTY-ONE (21) days from the date of this Order, the fiscal clerk at the Eastern Regional Jail shall provide this Court with copies of Plaintiffs ledger sheets for his Prison Trust Account for the six months preceding the filing of this action. Signed by Magistrate Judge Michael John Aloi on 8/20/2018. (copy pro se plaintiff and Fiscal Clerk at Eastern Regional Jail via certified mail)(jmm) (Additional attachment(s) added on 8/20/2018: #1 Certified Mail Return Receipt Pro Se Plantiff and Fiscal Clerk) (jmm).
August 20, 2018 Filing 7 RETURN RECEIPT as to #5 NOTICE OF DEFICIENT PLEADING, #6 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. SERVICE ACCEPTED on 8/13/2018 per USPS website. (jmm)
August 9, 2018 Filing 6 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. (Copy to PS Plaintiff via CM, RRR.) (wrr) (Main Document 6 replaced on 8/9/2018 with corrected document) (wrr). (Additional attachment(s) added on 8/9/2018: #1 Certified Mail Return Receipt) (wrr).
August 9, 2018 Filing 5 NOTICE OF DEFICIENT PLEADING re: #1 Complaint. (Copy to PS Plaintiff via CM, RRR.)(wrr) (Additional attachment(s) added on 8/9/2018: #1 Certified Mail Return Receipt) (wrr).
August 9, 2018 Filing 4 ** SEALED ** Prisoner Trust Fund Account Statement by Christopher Alexander Shy. (Attachments: #1 Envelope)(wrr)
August 9, 2018 Filing 3 ** SEALED ** Consent to Collection of Fees from Trust Account by Christopher Alexander Shy. (Attachments: #1 Envelope)(wrr)
August 9, 2018 Filing 2 ** SEALED** MOTION for Leave to Proceed in forma pauperis by Christopher Alexander Shy. (Attachments: #1 Envelope)(wrr)
August 9, 2018 Filing 1 COMPLAINT against Prime Care Medical, Prime Care Medical-Eastern Regional Jail, filed by Christopher Alexander Shy. (Attachments: #1 Letter to Clerk, #2 Envelope)(wrr)

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Defendant: Prime Care Medical
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Defendant: Prime Care Medical-Eastern Regional Jail
Represented By: D. C. Offutt, Jr.
Represented By: Anne Liles O'Hare
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Defendant: Jennifer Bennett
Represented By: D. C. Offutt, Jr.
Represented By: Anne Liles O'Hare
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Defendant: Rhonda
Represented By: D. C. Offutt, Jr.
Represented By: Anne Liles O'Hare
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Defendant: Prime Care Medical Staff
Represented By: D. C. Offutt, Jr.
Represented By: Anne Liles O'Hare
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Defendant: Tamara Kissel
Represented By: D. C. Offutt, Jr.
Represented By: Anne Liles O'Hare
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Defendant: Stillwell/John Doe
Represented By: D. C. Offutt, Jr.
Represented By: Anne Liles O'Hare
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Plaintiff: Christopher Alexander Shy
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