Masias v. Hodges et al
Plaintiff: Francisco Masias
Defendant: S.I.S Aldrige, AUSA Flowers, Dr. Wilson, Captain Riffle, AUSA Bauer and Warden Hodges
Interested Party: United States of America
Case Number: 5:2020cv00171
Filed: August 13, 2020
Court: US District Court for the Northern District of West Virginia
Presiding Judge: John Preston Bailey
Referring Judge: James P Mazzone
Nature of Suit: Habeas Corpus (Prison Condition)
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2020 Opinion or Order Filing 22 ORDER NOTIFYING PLAINTIFF THAT CASE MAY BE DISMISSED. The plaintiff is hereby notified that he must serve a copy of the complaint and summonses as set forth in this order by 11/12/2020. Failure to do so will result in an Order granting the United States' Motion to Dismiss. The Clerk is directed to reissue 60 day summonses for the defendants, the United States Attorney's Office for the Northern District of West Virginia and the Attorney General of the United States and forward the forms to the plaintiff. Signed by Magistrate Judge James P. Mazzone on 10/9/2020. (copy to pro se Plaintiff CM rrr)(ag) (Additional attachment(s) added on 10/9/2020: #1 Certified Mail Return Receipt) (ag).
October 7, 2020 Filing 21 NOTICE of Appearance by Maximillian F. Nogay on behalf of United States of America (Nogay, Maximillian)
October 7, 2020 Filing 20 MOTION to Dismiss MOTION AND SUPPORTING MEMORANDUM TO DISMISS FOR LACK OF PROPER SERVICE AND FAILURE TO PROSECUTE by United States of America. (Attachments: #1 Exhibit Exhibit 1 - September 30, 2020 Mail)(Tighe, Tara)
September 30, 2020 Filing 19 SUMMONS Returned Executed as to All Defendants, United States Attorney, and Attorney General. (Attachments: #1 Envelope)(ag)
September 24, 2020 Filing 18 RETURN RECEIPT #14 Order, #15 Order, and 16 Summons. SERVICE ACCEPTED on 9/21/2020. (ag)
September 24, 2020 Filing 17 RETURN RECEIPT as to #13 Order on Motion for Leave to Proceed in forma pauperis. SERVICE ACCEPTED on 9/21/2020. (ag)
September 18, 2020 Opinion or Order Filing 15 ORDER REGARDING PRELIMINARY REVIEW AND SERVICE OF PROCESS. The Clerk is directed to issue 60 day summonses for each defendant, the United States Attorney and the Attorney General and forward those forms to the plaintiff. The plaintiff shall effect service of process upon those parties and timely provide the Court with certification of service by filing documents which reflect proper, completed service upon each party. Signed by Magistrate Judge James P. Mazzone on 9/18/2020. (ag)(copy to pro se Plaintiff Cm rrr) (Additional attachment(s) added on 9/18/2020: #1 Certified Mail Return Receipt) (ag).
September 18, 2020 Opinion or Order Filing 14 ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTED COUNSEL #10 . Signed by Magistrate Judge James P. Mazzone on 9/18/2020. (ag)(copy to pro se Plaintiff CM rrr) (Additional attachment(s) added on 9/18/2020: #1 Certified Mail Return Receipt) (ag).
September 17, 2020 Opinion or Order Filing 13 ORDER DENYING PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AS MOOT #2 , AND VACATING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION #8 . Plaintiff's Motion Requesting Court Grant Extension of Time to Pay Fee #11 is hereby DENIED AS MOOT because the filing fee was received by this Court. Signed by District Judge John Preston Bailey on 9/17/2020. (ag)(copy to pro se Plaintiff CM rrr) (Additional attachment(s) added on 9/17/2020: #1 Certified Mail Return Receipt) (ag).
September 15, 2020 Filing 12 Filing fee: $ 400.00, receipt number WVNW002555. (ag)
September 10, 2020 Filing 11 MOTION for Extension of Time to pay fee by Francisco Masias. (Attachments: #1 Envelope)(ag)
September 3, 2020 Filing 10 MOTION to Appoint Counsel by Francisco Masias. (Attachments: #1 Cover Letter, #2 Attachment, #3 Envelope)(ag)
September 3, 2020 Filing 9 LETTER dated 8/31/2020 from Francisco Masias to Clerk re: case status. (Attachments: #1 Envelope)(ag)(copy of docket sheet mailed to pro se Plaintiff)
August 31, 2020 Opinion or Order Filing 8 VACATED per #13 ORDER filed 9/17/2020: REPORT AND RECOMMENDATION THAT APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES BE DENIED. The plaintiff shall have fourteen days from the date of entry of this Report and Recommendation within which to file with the Clerk of this Court, specific written objections, identifying the portions of the Report and Recommendation to which objection is made, and the basis of such objection. Signed by Magistrate Judge James P. Mazzone on 8/31/2020. (ag)(copy to pro se Plaintiff CM rrr) (Additional attachment(s) added on 8/31/2020: #1 Certified Mail Return Receipt) (ag). (Main Document 8 replaced on 8/31/2020 to correct filing fee amount) (ag). Modified on 9/17/2020 (ag).
August 27, 2020 Filing 7 RETURN RECEIPT as to #5 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. SERVICE ACCEPTED on 8/17/2020. (ag)
August 26, 2020 Filing 6 LETTER from Francisco Masias to Clerk requesting Federal Rules of Civil Procedure and Local Rules of Northern District of West Virginia. (Attachments: #1 Envelope)(ag)
August 13, 2020 Filing 5 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. (copy to pro se Plaintiff CM/rrr) (ag) (Additional attachment(s) added on 8/13/2020: #1 Certified Mail Return Receipt) (ag).
August 13, 2020 Filing 4 ** SEALED ** Consent to Collection of Fees from Trust Account by Francisco Masias. (Attachments: #1 Envelope)(ag)
August 13, 2020 Filing 3 ** SEALED ** Prisoner Trust Fund Account Statement by Francisco Masias. (Attachments: #1 Ledger Sheets, #2 Envelope)(ag)
August 13, 2020 Filing 2 ** SEALED** MOTION for Leave to Proceed in forma pauperis by Francisco Masias. (Attachments: #1 Envelope)(ag)
August 13, 2020 Filing 1 COMPLAINT against All Defendants filed by Francisco Masias. (Attachments: #1 Jury Trial Demand, #2 Rejection Notice- Administrative Remedy dated 5/26/2020, #3 Cover Letter, #4 Envelope)(ag)

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Defendant: S.I.S Aldrige
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Defendant: AUSA Flowers
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Defendant: Dr. Wilson
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Defendant: Captain Riffle
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Defendant: AUSA Bauer
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Defendant: Warden Hodges
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Plaintiff: Francisco Masias
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Interested party: United States of America
Represented By: Maximillian F. Nogay
Represented By: Tara Noel Tighe
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