Skinner v. Clark et al
Plaintiff: Anthony Skinner
Defendant: Officer Cushfield, Officer Cantrell, Powers, Wilson, Ferguson, Officer Ratliff, Poyer, Lieutenant Sloan and Officer Clark
Case Number: 5:2021cv00058
Filed: April 16, 2021
Court: US District Court for the Northern District of West Virginia
Presiding Judge: John Preston Bailey
Referring Judge: James P Mazzone
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2021 Filing 16 RETURN RECEIPT as to #15 Order. SERVICE ACCEPTED on 5/27/21. (lmm)
May 24, 2021 Opinion or Order Filing 15 ORDER DISMISSING CASE FOLLOWING NOTICE OF INTENT TO DISMISS. It is hereby ORDERED that this action be DISMISSED WITHOUT PREJUDICE. Signed by District Judge John Preston Bailey on 5/24/21. (Pro Se Plaintiff via CM/rrr) (lmm) (Additional attachment(s) added on 5/25/2021: #1 Certified Mail Return Receipt) (lmm).
May 11, 2021 Filing 14 RETURN RECEIPT as to #12 Notice #11 Letter. SERVICE ACCEPTED on 4/22/21. (lmm)
April 27, 2021 Filing 13 RETURN RECEIPT as to #10 Notice. SERVICE ACCEPTED on 4/21/21. (lmm)
April 20, 2021 Filing 12 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. (Attachments: #1 Bivens Packet)(ag)(pro se PLA CM rrr) (Additional attachment(s) added on 4/20/2021: #2 Certified Mail Return Receipt) (lmm).
April 20, 2021 Filing 11 LETTER dated 4/20/2021 from Deputy Clerk to Mr. Skinner regarding #10 Notice. (ag)(pro se PLA) (Additional attachment(s) added on 4/20/2021: #1 Certified Mail Return Receipt) (lmm).
April 16, 2021 Filing 10 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. (Attachments: #1 1983 Packet)(ag)(pro se PLA CM rrr) (Additional attachment(s) added on 4/16/2021: #2 Certified Mail Return Receipt) (ag).
April 16, 2021 Filing 9 Case transferred in from District of New York Northern; Case Number 9:21-cv-00237. (ag)
April 16, 2021 Opinion or Order Filing 8 DECISION AND ORDER: It is hereby ORDERED that Plaintiff's in forma pauperis application (Dkt. No. #4 ) is GRANTED; and it is further ORDERED that the Clerk provide the Superintendent of the facility, designated by Plaintiff as his current location, with a copy of Plaintiff's inmate authorization form, and notify the official that this action has been filed and that Plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that the Clerk of the Court shall amend the caption as follows: (1) attach a copy of the complaint (Dkt. No. #1 ) to the amended complaint (Dkt. No. #3 ); and (2) include the following individuals defendants: Officer Clark, Lieutenant Wilson, Officer Ferguson, Officer Cantrell, Lieutenant Sloan, Officer Ratliff, and Officer Cushfield; and it is further ORDERED that, pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. 1404(a), the following defendants and all claims against them, are severed and transferred to the Northern District of West Virginia: Clark, Wilson, Ferguson, Cantrell, Sloan, Ratliff, and Cushfield; and it is further ORDERED that no ruling is made as to the sufficiency of the amended complaint with respect to the claims that have been severed and transferred to the Northern District of West Virginia, leaving that determination to the Northern District of West Virginia; and it is further ORDERED that the Clerk shall advise the Clerk of the Northern District of West Virginia, in writing, of the entry of this Decision and Order and provide the Clerk with a certified copy of this Decision and Order and of the docket report for this action, together with all information necessary for the Clerk of the Northern District of West Virginia to electronically access the documents filed in this action; and it is further ORDERED that the fourteen (14) day waiting period provided for in Local Rule 83.6 is hereby waived; and it is further ORDERED that the Clerk shall TERMINATE the following defendants from the docket: Clark, Wilson, Ferguson, Cantrell, Sloan, Ratliff, and Cushfield; and it is further ORDERED that, if Plaintiff wishes to proceed with this action, he must file an amended pleading as set forth above within thirty (30) days from the date of the filing of this Decision and Order; and it is further ORDERED that, if Plaintiff timely files an amended pleading, this matter be returned to the Court for further review; and it is further ORDERED that, if Plaintiff fails to timely file an amended pleading as directed above, the Clerk shall enter judgment indicating that the action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case; and it is further ORDERED that the Clerk serve a copy of this Decision and Order on Plaintiff, together with a copy of the amended complaint. Signed by Senior Judge Gary L. Sharpe on April 26, 2021. (Copy served via regular mail on plaintiff along with the amended complaint).(rep) [Transferred from New York Northern on 4/16/2021.]
March 29, 2021 Filing 7 Civil Cover Sheet and copy of a USM-285 submitted by the plaintiff. {The plaintiff also submitted 2 completed USM-285's which are stored in the Syracuse Clerk's Office should service on the defendants be directed}. (Attachments: #1 Mailing Envelope) (rep) [Transferred from New York Northern on 4/16/2021.]
March 23, 2021 Opinion or Order Filing 6 TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Senior Judge Gary L. Sharpe on March 23, 2021. (Copy served via regular mail on plaintiff).(rep) [Transferred from New York Northern on 4/16/2021.]
March 22, 2021 Filing 5 INMATE AUTHORIZATION FORM: Filed by Anthony Skinner. (rep) [Transferred from New York Northern on 4/16/2021.]
March 22, 2021 Filing 4 MOTION: For Leave to Proceed in forma pauperis, filed by Anthony Skinner. (Attachments: #1 Mailing Envelope) (rep) [Transferred from New York Northern on 4/16/2021.]
March 22, 2021 Filing 3 AMENDED COMPLAINT WITH JURY DEMAND: Filed by Anthony Skinner. (Attachments: #1 Mailing Envelope)(rep) (Additional attachment(s) added on 4/16/2021: #2 Copy of Complaint (Dkt. 1)) (rep, ). [Transferred from New York Northern on 4/16/2021.]
March 3, 2021 Opinion or Order Filing 2 ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that, if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application; and it is further ORDERED that, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules; and it is further ORDERED that, upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on plaintiff along with a blank IFP application and blank inmate authorization form. Signed by Senior Judge Gary L. Sharpe on March 3, 2021. (Copy served via regular mail on plaintiff along with a blank IFP Application and a blank Inmate Authorization Form).(rep) [Transferred from New York Northern on 4/16/2021.]
March 1, 2021 Filing 1 COMPLAINT against FCI Ray Brook, Powers, Poyer filed by Anthony Skinner. (Attachments: #1 certification; envelope)(nas, ) [Transferred from New York Northern on 4/16/2021.]

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Defendant: Officer Cushfield
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Defendant: Officer Cantrell
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Defendant: Powers
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Defendant: Wilson
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Defendant: Ferguson
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Defendant: Officer Ratliff
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Defendant: Poyer
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Defendant: Lieutenant Sloan
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Defendant: Officer Clark
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Plaintiff: Anthony Skinner
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