Cook, Jr. v. Lanham et al
| James Edward Cook, Jr. |
| B. Kelly Lanham and Aaron Linn |
| 5:2022cv00234 |
| September 26, 2022 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| James P Mazzone |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 23, 2022. A more recent docket listing may be available from PACER.
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Filing 28
ORDER ADOPTING REPORT AND RECOMMENDATION. Having found no clear error in the remainder of the magistrate judge's well-reasoned review of the pleadings, plaintiff's objections Doc. #27 are OVERRULED, and it is the opinion of this Court that the Report and Recommendation Doc. #23 should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Accordingly, this Court ORDERS that plaintiff's Complaint Doc. #1 is DENIED and DISMISSED WITH PREJUDICE. Further, plaintiff's Motion Requesting Lie Detector Test Doc. #21 , Motion Requesting that Subpoenas be Issued Doc. #25 are DENIED AS MOOT. Insofar as plaintiff's Motion is requesting leave of court to issue subpoenas, the Motion Doc. #27 is DENIED AS MOOT. Signed by District Judge John Preston Bailey on 11/23/2022. (ag)(pro se PLA cm rrr) (Additional attachment(s) added on 11/23/2022: #1 Certified Mail Return Receipt) (ag).
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| Filing 27 MOTION REQUESTING LEAVE OF COURT RE ISSUANCE OF SUBPOENAS by James Edward Cook, Jr. (Attachments: #1 Exhibit Parole Release, #2 Exhibit Inmate Grievance, #3 Exhibit Revocation or Parole, #4 Envelope) (exhibit sealed per J. Bailey) (lmm) |
| Filing 26 Partial Filing fee: $ 23.78, receipt number WVNE018300 (lmm) |
| Filing 25 MOTION REQUESTING THAT SUBPOENA'S BE ISSUED by James Edward Cook, Jr. (Attachments: #1 Envelope)(lmm) |
| Filing 24 RETURN RECEIPT as to #20 Order. SERVICE ACCEPTED on 11/4/22. (lmm) |
| Filing 23 REPORT AND RECOMMENDATION. The undersigned recommends that the plaintiff's case be DISMISSED WITH PREJUDICE for failure to state a claim and as frivolous. Finally, the Court notes that plaintiff has filed two pro se letters, which the undersigned construes as a #21 Motion Requesting Lie Detector Test and #22 Motion for Issuance of Subpoenas. In light of the above, the undersigned recommends that the Motions be DENIED AS MOOT. The Clerk is DIRECTED to terminate the Magistrate Judge association with this case. Signed by Magistrate Judge James P. Mazzone on 11/4/22. (Pro Se Plaintiff via CM/rrr) (lmm) (Additional attachment(s) added on 11/4/2022: #1 Certified Mail Return Receipt) (lmm). |
| Magistrate Judge James P. Mazzone no longer assigned to case pursuant to #23 Report and Recommendation. (lmm) |
| Filing 22 DUPLICATE DOCUMENT (Attachments: #1 Envelope)(lmm) (Main Document 22 replaced on 11/3/2022) (lmm). |
| Filing 21 MOTION REQUESTING LIE DETECTOR TEST by James Edward Cook, Jr. (Attachments: #1 Envelope)(lmm) |
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Filing 20
ORDER DENYING #17 and #19 MOTIONS FOR SUBPOENAS. Signed by Magistrate Judge James P. Mazzone on 11/2/22. (Pro Se Plaintiff via CM/rrr) (lmm) (Additional attachment(s) added on 11/2/2022: #1 Certified Mail Return Receipt) (lmm).
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| Filing 19 MOTION FOR ISSUANCE OF SUBPOENAS by James Edward Cook, Jr. (Attachments: #1 Envelope)(lmm) |
| Filing 18 CLERK'S LETTER re #17 MOTION FOR ISSUANCE OF SUBPOENA. (copy of Complaint and public docket sheet sent) (lmm) |
| Filing 17 MOTION FOR ISSUANCE OF SUBPOENA re #15 CERTIFICATE OF SERVICE #11 CERTIFICATE OF SERVICE by James Edward Cook, Jr. (Attachments: #1 Envelope) (copy of Complaint and public docket sheet sent w/ #18 Letter) (lmm) |
| Filing 16 Initial Partial Filing fee: $ 13.78, receipt number WVNE018232. (ag) |
| Filing 15 CERTIFICATE OF SERVICE by James Edward Cook, Jr. (Attachments: #1 Envelope)(lmm) (Main Document 15 replaced on 10/31/2022 to correct attachments) (lmm). (Additional attachment(s) added on 10/31/2022: #2 Subpoena) (lmm). |
| Filing 14 LETTER from Deputy Clerk to James Ross in response to #13 Letter. (copy Plaintiff; Mr. Ross w/check) (cnd) |
| Filing 13 LETTER from James Ross to Clerk, regarding initial filing fee for James Cook. (Attachments: #1 Envelope)(response letter to follow)(cnd) |
| Filing 12 RETURN RECEIPT as to #9 Order. SERVICE ACCEPTED on 10/14/2022 per USPS website. (jb) |
| Filing 11 CERTIFICATE OF SERVICE by James Edward Cook, Jr. (Attachments: #1 Subpoena, #2 Envelope)(lmm) |
| Filing 10 EVIDENCE filed by James Edward Cook, Jr. (Attachments: #1 Envelope)(lmm) |
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Filing 9
ORDER GRANTING PLAINTIFF'S #2 MOTION TO PROCEED WITHOUT PREPAYMENT OF FEES. The Trustee Officer shall forward to the Financial Deputy Clerk an initial partial filing fee of $13.78. Signed by Magistrate Judge James P. Mazzone on 10/11/22. (Pro Se Plaintiff via CM/rrr; Trustee Clerk and Financial Deputy w/Consent to Collection via US Mail and email) (lmm) (Additional attachment(s) added on 10/11/2022: #1 Certified Mail Return Receipt) (lmm).
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| Filing 8 ** SEALED ** LEDGER SHEETS by James Edward Cook, Jr. (Attachments: #1 Envelope)(lmm) |
| Filing 7 RETURN RECEIPT as to #6 Notice #5 Notice. SERVICE ACCEPTED on 9/29/22. (lmm) |
| Filing 6 NOTICE OF DEFICIENT PLEADING. (Pro Se Plaintiff via CM/rrr) (lmm) (Additional attachment(s) added on 9/26/2022: #1 Certified Mail Return Receipt) (lmm). |
| Filing 5 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. (Pro Se Plaintiff via CM/rrr) (lmm) (Additional attachment(s) added on 9/26/2022: #1 Certified Mail Return Receipt) (lmm). |
| Filing 4 ** SEALED ** Prisoner Trust Fund Account Statement by James Edward Cook, Jr. (Attachments: #1 Envelope)(lmm) |
| Filing 3 ** SEALED ** Consent to Collection of Fees from Trust Account by James Edward Cook, Jr. (Attachments: #1 Envelope)(lmm) |
| Filing 2 ** SEALED** MOTION for Leave to Proceed in forma pauperis by James Edward Cook, Jr. (Attachments: #1 Envelope)(lmm) |
| Filing 1 COMPLAINT against All Defendants, filed by James Edward Cook, Jr. (Attachments: #1 Inmate Request/Order, #2 Envelope)(lmm) |
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