Waters v. Brown et al
| Gregory A. Waters and Karlton Cherry |
| Warden, Acting Warden S. Brown, J. McCalloum and S. Senko |
| 5:2023cv00006 |
| January 10, 2023 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| James P Mazzone |
| Habeas Corpus (Prison Condition) |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 30 RETURN RECEIPT as to #28 Order Dismissing Case. SERVICE ACCEPTED on 1/31/2023. (ag) |
| Filing 29 LETTERS from Gregory A. Waters to Clerk of Court re prisoner mail. (Attachments: #1 Copy of envelope from Clerk's Office SDWV to Gregory A. Waters post marked 1/24/2023, #2 Copy of letter dated 1/24/2023 from SDWV to NDWV, #3 Envelope)(ag) |
Filing 28
ORDER DISMISSING CASE FOLLOWING NOTICE OF INTENT TO DISMISS. #8 #9 #11 #20 Motions are DENIED AS MOOT. Signed by District Judge John Preston Bailey on 1/27/23. (Plaintiff via CM/rrr) (lmm) (Additional attachment(s) added on 1/27/2023: #1 Certified Mail Return Receipt) (lmm).
|
| Filing 27 LETTER from Plaintiff regarding treatment/request to transfer facilities. (Attachments: #1 Southern District forwarding letter, #2 Plaintiff's envelope to Southern District, #3 Envelope)(lmm) |
| Filing 26 RETURN RECEIPT as to #25 Notice. SERVICE ACCEPTED on 1/12/23 per USPS. (lmm) |
| Filing 25 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. (Attachments: #1 Bivens Packet) (Pro Se Plaintiff via CM/rrr) (lmm) (Main Document 25 replaced on 1/10/2023 to correct party role) (lmm). (Additional attachment(s) added on 1/10/2023: #2 Certified Mail Return Receipt) (lmm). |
| Filing 24 Case transferred in from District of West Virginia Southern; Case Number 5:22-cv-00500. (lmm) |
|
Filing 23
ORDER TRANSFERRING CASE transferring this matter to the United States District Court for the Northern District of West Virginia, Clarksburg Division, for further consideration; directing the Clerk to transmit Plaintiff's file to the Clerk of Courts at the United States District Court for the Northern District of West Virginia. Signed by Magistrate Judge Omar J. Aboulhosn on 1/10/2023. (cc: Plaintiff) (msa) [Transferred from West Virginia Southern on 1/10/2023.]
|
| Filing 22 SUPPLEMENTAL Information by Gregory A. Waters in support of #21 Amended Complaint. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 21 AMENDED COMPLAINT by Gregory A. Waters against S. Brown, Warden, C/O J. McCalloum, C/O S. Senko. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 20 APPLICATION by Gregory A. Waters to Proceed without Prepayment of Fees or Costs (Attachments: #1 Inmate Statement) Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa) (Modified on 12/29/2022 to update security of attachment) (msa). (Modified on 12/29/2022 to update party filer) (ts). [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 19 PRISONER TRUST ACCOUNT STATEMENT by Gregory A. Waters. (Attachments: #1 Inmate Statement) (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 18 LETTER to Clerk of Court, from Gregory Water dated 12/1/2022, re: Trust Account Report. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 17 LETTER to the Court, from Gregory Waters dated 11/28/2022. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
|
Filing 16
ORDER directing the Clerk to open a new civil action as to Plaintiff David M. Allen and include therein a copy of Plaintiff Allen's #10 Complaint as filed by Plaintiff Waters and this Order; that the Clerk terminate Plaintiff Allen from the Docket Sheet in this action; that Plaintiff Allen must pay the Court's filing and administrative fee totaling $402 or file and Application to Proceed Without Prepayment of Fees by 12/30/2022. Signed by Magistrate Judge Omar J. Aboulhosn on 11/30/2022. (cc: Plaintiff Allen w/Application to Proceed Without Prepayment of Fees) (msa) [Transferred from West Virginia Southern on 1/10/2023.]
|
|
Filing 15
ORDER directing the Clerk to open a new civil action as to Plaintiff Cherry and include therein a copy of Plaintiff Waters' (ECF No. 13) and #14 Complaint, the #12 Order regarding the sealing and redacting of the Complaint and this Order; that the Clerk terminate Plaintiff Cherry from the Docket Sheet in this action; that the Clerk file a copy of Plaintiff Cherry's letter-form #9 Motion for Order Not to Retaliate in Plaintiff Cherry's civil action and such as a pending motion in this action; that each Plaintiff has until 12/30/2022, to file a separate, Amended Complaint naming "persons" as defendants, specifically setting forth their constitutional claims, and stating specific facts as to how each defendant violated their constitutional rights; that Plaintiffs have until 12/30/2022 to pay the Court's filing and Administrative Fee totaling $402.00 or file an Application to Proceed Without Prepayment of Fees. Signed by Magistrate Judge Omar J. Aboulhosn on 11/30/2022. (cc: Plaintiff Waters w/Bivens form Complaint; Plaintiff Cherry w/Bivens form Complaint and Application to Proceed Without Prepayment of Fees) (msa) [Transferred from West Virginia Southern on 1/10/2023.]
|
| Filing 14 AMENDED COMPLAINT (REDACTED) by Gregory A. Waters, Karlton Cherry against S. Brown, J. McCalloum, S. Senko. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 13 AMENDED COMPLAINT by Gregory A. Waters, Karlton Cherry filed under SEAL pursuant to the Court's #12 Order. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
|
Filing 12
ORDER directing the Clerk to file the Plaintiffs Complaint filed on 11/29/2022 under SEAL and file the redacted copy of the Complaint for public access. Signed by Magistrate Judge Omar J. Aboulhosn on 11/29/2022. (cc: Plaintiffs) (msa) [Transferred from West Virginia Southern on 1/10/2023.]
|
| Filing 11 APPLICATION by Gregory A. Waters to Proceed without Prepayment of Fees or Costs. (Attachments: #1 Copy of Order entered 11/01/2022) Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 10 COMPLAINT by David M. Allen against Warden S. Brown. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 9 LETTER-FORM MOTION by Karlton R. Cherry for Order not to Retaliate Against Plaintiffs. Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 8 LETTER-FORM MOTION by Gregory A. Waters for Immediate Transfer out of West Virginia B.O.P. Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 7 Consent to Collection of Fees from Trust Account by Gregory A. Waters, Karlton R. Cherry. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 6 EXHIBIT by Gregory A. Waters in support of #1 Complaint. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 5 LETTER to Gregory A. Waters, from Rory L. Perry II dated 11/9/2022, re: #4 letter requesting proper forms. (klc) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 4 LETTER to Clerk of Court, from Gregory A. Waters dated 11/6/2022, re: Request for proper forms. (btm) [Transferred from West Virginia Southern on 1/10/2023.] |
|
Filing 3
ORDER directing that Plaintiff shall either pay the filing and administrative fee totaling $402 or file an Application to Proceed in Forma Pauperis by 12/1/2022; Plaintiff has until 12/1/2022 to amend his #1 Complaint to specifically set forth his constitutional claims and state specific facts as to how each defendant violated his constitutional rights; the Clerk shall mail Plaintiff a form Complaint and a blank Application to Proceed in Forma Pauperis. Signed by Magistrate Judge Omar J. Aboulhosn on 11/1/2022. (cc: Plaintiff - pro se w/ form Complaint and blank Application to Proceed in Forma Pauperis) (btm) [Transferred from West Virginia Southern on 1/10/2023.]
|
| CASE assigned to Judge Frank W. Volk. (klc) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: counsel of record; any unrepresented party) (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
| Filing 1 COMPLAINT. (msa) [Transferred from West Virginia Southern on 1/10/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
