Miller v. Officer Helms et al
Plaintiff: Teresa Miller
Defendant: Officer Helms, Morgantown City Police Department, Eric Powell and Officer Bradford
Case Number: 1:2023cv00026
Filed: March 3, 2023
Court: US District Court for the Northern District of West Virginia
Presiding Judge: Michael John Aloi
Referring Judge: Thomas S Kleeh
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2023 Filing 22 REPLY to Response to Motion re #4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Morgantown City Police Department, Eric Powell. (Elshiaty, Matthew)
April 3, 2023 Filing 21 REPLY to Response to Motion re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Officer Bradford, Officer Helms. (Gamble, Keith)
April 3, 2023 Filing 20 RETURN RECEIPT as to #16 Order. SERVICE ACCEPTED on 3/31/2023. (jb)
March 30, 2023 Filing 19 Joinder to #18 Response to Motion to Transfer Venue by Morgantown City Police Department, Eric Powell. (Elshiaty, Matthew) Modified on 3/31/2023 to correct docket text and link to related document (kac).
March 29, 2023 Filing 18 RESPONSE to Motion re #13 MOTION to Change Venue filed by Officer Bradford, Officer Helms. (Gamble, Keith)
March 27, 2023 Filing 17 PRO SE ANSWER TO MOTION TO FILE OUT OF TIME DUE TO THE NOVEL CORONAVIRUS AND DISMISSAL re #4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Attachments, #2 Envelope) (jb)
March 24, 2023 Opinion or Order Filing 16 ORDER SUSPENDING SCHEDULING OF MATTER PENDING DISPOSITION OF DEFENDANTS' MOTIONS TO DISMISS (ECF. NOS. #4 , #6 ). Signed by Magistrate Judge Michael John Aloi on 3/24/2023. (Copy to PS Plaintiff by CM,RRR) (dk) (Additional attachment(s) added on 3/24/2023: #1 Certified Mail Return Receipt) (jb).
March 23, 2023 Filing 15 RETURN RECEIPT as to #8 Order. SERVICE ACCEPTED on 3/21/2023. (snc)
March 23, 2023 Filing 14 RETURN RECEIPT as to #10 Roseboro Notice, #9 Roseboro Notice. SERVICE ACCEPTED on 3/21/2023. (snc)
March 22, 2023 Filing 13 PRO SE MOTION TO TRANSFER VENUE by Teresa Miller. (Attachments: #1 Envelope) (jb)
March 22, 2023 Filing 12 PRO SE ANSWER TO THE JOINT NOTICE OF REMOVAL [ECF NO. #1 ] by Teresa Miller. (Attachments: #1 Envelope) (jb) .
March 20, 2023 Filing 11 RETURN RECEIPT as to #2 Notice. SERVICE ACCEPTED on 3/15/2023. (jb)
March 15, 2023 Opinion or Order Filing 10 ROSEBORO NOTICE: re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Officer Helms, Officer Bradford. Within 21 days from the date of this Order, the pro se party shall file any opposition to the motion. Signed by Magistrate Judge Michael John Aloi on 3/15/2023. Copy to pro se plaintiff by cm,rrr. (snc) (Additional attachment(s) added on 3/15/2023: #1 Certified Mail Return Receipt) (snc).
March 15, 2023 Opinion or Order Filing 9 ROSEBORO NOTICE: re #4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Morgantown City Police Department, Eric Powell. Within 21 days from the date of this Order, the pro se party shall file any opposition to the motion. Signed by Magistrate Judge Michael John Aloi on 3/15/2023. Copy to pro se plaintiff by cm,rrr. (snc) (Additional attachment(s) added on 3/15/2023: #1 Certified Mail Return Receipt) (snc).
March 15, 2023 Opinion or Order Filing 8 ORDER OF REFERRAL. The Court REFERS this action, to the Honorable Michael J. Aloi, United States Magistrate Judge, to conduct a scheduling conference and issue a scheduling order, for written orders or reports and recommendations, as the case may be, regarding any motions filed, and to dispose of any other matters that may arise. Signed by Chief District Judge Thomas S Kleeh on 3/15/2023. (Copy to Pro Se Plaintiff via CM:RRR). (jb) (Additional attachment(s) added on 3/15/2023: #1 Certified Mail Return Receipt) (jb).
March 13, 2023 Filing 7 MEMORANDUM of Law In Support by Officer Bradford, Officer Helms re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit 1)(Gamble, Keith)
March 13, 2023 Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Officer Bradford, Officer Helms. (Gamble, Keith)
March 13, 2023 Filing 5 MEMORANDUM Of Law In support of Motion to Dismiss by Morgantown City Police Department, Eric Powell re #4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Elshiaty, Matthew)
March 13, 2023 Filing 4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Morgantown City Police Department, Eric Powell. (Elshiaty, Matthew)
March 8, 2023 Filing 3 CERTIFIED STATE COURT RECORD from Monongalia County Circuit Court. (jb)
March 6, 2023 Filing 2 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. (copy to Pro Se Plaintiff by cm,rrr) (snc) (Additional attachment(s) added on 3/9/2023: #1 Certified Mail Return Receipt) (snc).
March 3, 2023 Filing 1 NOTICE OF REMOVAL with State Court Papers from Circuit Court of Monongalia County, (case number 23-C-31), filed by Morgantown City Police Department, Eric Powell, Officer Bradford, Officer Helms. Filing Fee $402. Receipt #AWVNDC-3661099. (Attachments: #1 Joint Notice of Filing Notice of Removal, #2 State Court Complaint, #3 State Court Docket, #4 Civil Cover Sheet) (snc)

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Plaintiff: Teresa Miller
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Defendant: Officer Helms
Represented By: Keith C. Gamble
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Defendant: Morgantown City Police Department
Represented By: Margaret Lewis
Represented By: Matthew D. Elshiaty
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Defendant: Eric Powell
Represented By: Matthew D. Elshiaty
Represented By: Margaret Lewis
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Defendant: Officer Bradford
Represented By: Keith C. Gamble
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