Allen v. Brown
Plaintiff: David M. Allen
Defendant: Acting Warden S. Brown
Case Number: 5:2023cv00007
Filed: January 10, 2023
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 Federal Question: Bivens Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 27, 2023 Filing 16 RETURN RECEIPT as to #13 ORDER DISMISSING CASE FOLLOWING NOTICE OF INTENT TO DISMISS. SERVICE ACCEPTED on 2/22/2023. (nmm)
February 27, 2023 Filing 15 RETURN RECEIPT as to #12 ORDER DENYING MOTION FOR TRANSFER. SERVICE ACCEPTED on 2/21/2023 (per usps website). (nmm)
February 17, 2023 Filing 14 RETURN RECEIPT as to #8 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. SERVICE ACCEPTED on 2/15/2023. (nmm)
February 17, 2023 Opinion or Order Filing 13 ORDER DISMISSING CASE FOLLOWING NOTICE OF INTENT TO DISMISS: plaintiff refiled his Complaint on the court-approved form, and it was assigned Civil Action No. 5:23-CV-20. Accordingly, the Court ORDERS that this action is hereby DISMISSED; the pending #4 Motion is hereby DENIED AS MOOT. Signed by District Judge John Preston Bailey on 2/17/2023. (copy to pro se plaintiff via cm,rrr) (nmm) (Additional attachment(s) added on 2/17/2023: #1 Certified Mail Return Receipt) (nmm).
February 16, 2023 Opinion or Order Filing 12 ORDER DENYING #11 MOTION FOR TRANSFER as to David M. Allen. Signed by District Judge John Preston Bailey on 2/16/2023. (copy to pro se plaintiff via cm,rrr) (nmm) Modified docket text on 2/16/2023 re: service copy (nmm). (Additional attachment(s) added on 2/16/2023: #1 Certified Mail Return Receipt) (nmm).
February 6, 2023 Filing 11 Letter MOTION requesting transfer out of current facility by David M. Allen. (Attachments: #1 Cover letter from USDC SDWV, #2 Envelope from Allen to SDWV, #3 Envelope from SDWV to NDWV)(nmm)
January 20, 2023 Filing 10 Mail sent to David M. Allen #8 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS, Returned as Undeliverable: No Longer at Huttonsville Correctional Center; Unable to Forward. (nmm)
January 17, 2023 Filing 9 RETURN RECEIPT as to #8 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. SERVICE ACCEPTED on 1/12/2023. (nmm)
January 10, 2023 Filing 8 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. (Attachments: #1 Bivens Packet) (Pro Se Plaintiff via CM/rrr) (lmm) (Main Document 8 replaced on 1/10/2023 to correct party role) (lmm). (Additional attachment(s) added on 1/10/2023: #2 Certified Mail Return Receipt) (lmm).
January 10, 2023 Filing 7 Case transferred in from District of West Virginia Southern; Case Number 5:22-cv-00546. (lmm)
January 10, 2023 Opinion or Order Filing 6 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) (btm) [Transferred from West Virginia Southern on 1/10/2023.]
December 29, 2022 Filing 5 AMENDED COMPLAINT by David M. Allen against S. Brown, Warden. (msa) [Transferred from West Virginia Southern on 1/10/2023.]
December 29, 2022 Filing 4 APPLICATION by David M. Allen to Proceed without Prepayment of Fees or Costs (Attachment: #1 Inmate Statement) Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa) (Modified on 12/29/2022 to update security of attachment) (msa). [Transferred from West Virginia Southern on 1/10/2023.]
November 30, 2022 CASE assigned to Judge Frank W. Volk. (klc) [Transferred from West Virginia Southern on 1/10/2023.]
November 30, 2022 Filing 3 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: Plaintiff) (msa) [Transferred from West Virginia Southern on 1/10/2023.]
November 30, 2022 Filing 2 COPY OF ORDER entered 11/30/2022 directing the Clerk to open a new civil action. (msa) [Transferred from West Virginia Southern on 1/10/2023.]
November 30, 2022 Filing 1 COMPLAINT (originally filed in Civil Action 5:22-cv-500). (msa) [Transferred from West Virginia Southern on 1/10/2023.]

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Plaintiff: David M. Allen
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Defendant: Acting Warden S. Brown
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