Eldridge v. Antonelli
| David Eldridge |
| Bryan M. Antonelli, Unknown Mims, Unknown McNear, Unknown Boch and Unknown McCeanly |
| 5:2024cv00093 |
| May 13, 2024 |
| 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 13, 2024. A more recent docket listing may be available from PACER.
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| Filing 11 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS re #1 Complaint (Attachments: #1 1983 Packet)(copy to pro se plaintiff via cm,rrr) (nmm) (Additional attachment(s) added on 5/13/2024: #2 Certified Mail Return Receipt) (nmm). |
| Filing 10 Case transferred in from District of Missouri Eastern; Case Number 1:24-cv-00033. (nmm) |
Filing 9
ORDER OF TRANSFER TO OTHER DISTRICT to: Northern District of West Virginia..IT IS HEREBY ORDERED that the Clerk of Court shall TRANSFER this case to the United States District Court for the Northern District of West Virginia. See 28 U.S.C. 1404(a). IT IS FURTHER ORDERED that Plaintiff's application to proceed in district court without prepaying fees or costs [ECF No. 8] is GRANTED, subject to modification by the United States District Court for the Northern District of West Virginia. IT IS FINALLY ORDERED that Plaintiffs motion for appointment of counsel [ECF No. 4] is DENIED without prejudice at this time.( Case to be transferred after 5/13/2024.). Signed by Sr. District Judge Stephen N. Limbaugh, Jr on 4/29/24. (MRS) [Transferred from Missouri Eastern on 5/13/2024.]
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ORDER RECEIPT: (see receipt) Docket No: 9. Mon Apr 29 16:38:36 CDT 2024 (Schaefer, Michelle) [Transferred from Missouri Eastern on 5/13/2024.]
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| Filing 6 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to mail Plaintiff copies of the Court's 'Prisoner Civil Rights Complaint' and 'Application to Proceed in District Court without Prepaying Fees or Costs' forms. IT IS FURTHER ORDERED that Plaintiff shall file an amended complaint on the Court-provided form within thirty (30) days of the date of this Order. Plaintiff is advised that his amended complaint will take the place of his original letters (ECF Nos. 1 & 5) and will be the only pleading that this Court will review. IT IS FURTHER ORDERED that Plaintiff must either pay the $405 filing fee or submit an application to proceed without prepaying fees or costs within thirty (30) days of the date of this Order. IT IS FINALLY ORDERED that if Plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice and without further notice. Amended/Supplemental Pleadings due by 5/15/2024. Response to Court due by 5/15/2024. Signed by Sr. District Judge Stephen N. Limbaugh, Jr on 04/15/2024. (CMH) [Transferred from Missouri Eastern on 5/13/2024.] |
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ORDER RECEIPT: (see receipt) Docket No: 6. Along with the Courts Prisoner Civil Rights Complaint and Application to Proceed in District Court without Prepaying Fees or Costs forms. Mon Apr 15 15:57:24 CDT 2024 (Hency, Christy) [Transferred from Missouri Eastern on 5/13/2024.]
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| Filing 8 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff David Eldridge. (JMC) [Transferred from Missouri Eastern on 5/13/2024.] |
| Filing 7 AMENDED COMPLAINT against defendant Bryan M. Antonelli, Unknown Mims, Unknown McNear, Unknown Boch, Unknown McCeanly Amendment to #1 DCM Complaint, filed by David Eldridge. Related document: #1 DCM Complaint filed by David Eldridge. (copy received in pencil and illegible - original retained in Clerk's Office)(JMC) [Transferred from Missouri Eastern on 5/13/2024.] |
| Filing 5 SUPPLEMENTAL re #1 DCM Complaint by Plaintiff David Eldridge. (MRS) [Transferred from Missouri Eastern on 5/13/2024.] |
| Filing 4 MOTION to Appoint Counsel by Plaintiff David Eldridge. (JMC) [Transferred from Missouri Eastern on 5/13/2024.] |
| Filing 3 Certified Inmate Account Statement by Plaintiff David Eldridge. (JMC) [Transferred from Missouri Eastern on 5/13/2024.] |
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Filing 2
ORDER: IT IS HEREBY ORDERED that the Clerk is directed to mail Plaintiff copies of the Court's 'Prisoner Civil Rights Complaint' and 'Application to Proceed in District Court without Prepaying Fees or Costs' forms. IT IS FURTHER ORDERED that Plaintiff shall file an amended complaint on the Court-provided form within thirty (30) days of the date of this Order. Plaintiff is advised that his amended complaint will take the place of his original letter and will be the only pleading that this Court will review. IT IS FURTHER ORDERED that Plaintiff must either pay the $405 filing fee or submit an application to proceed without prepaying fees or costs within thirty (30) days of the date of this Order.IT IS FURTHER ORDERED that, if Plaintiff chooses to submit an application to proceed without prepaying fees or costs and Plaintiff maintains a prison account, he shall file a certified copy of his prison account statement for the six-month period immediately preceding the filing of the complaint, within thirty (30) days of the date of this Order. IT IS FINALLY ORDERED that if Plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice and without further notice. Amended/Supplemental Pleadings due by 4/5/2024. Signed by Sr. District Judge Stephen N. Limbaugh, Jr on 03/06/2024. (CMH) [Transferred from Missouri Eastern on 5/13/2024.]
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ORDER RECEIPT: (see receipt) Docket No: 2. Along with a copy of the Courts Prisoner Civil Rights Complaint, and a copy of the Application to Proceed in District Court Without Prepaying Fees or Costs form. Wed Mar 6 16:15:39 CST 2024 (Hency, Christy) [Transferred from Missouri Eastern on 5/13/2024.]
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| Filing 1 DCM COMPLAINT against defendant Bryan M. Antonelli, filed by David Eldridge.(CMH) [Transferred from Missouri Eastern on 5/13/2024.] |
| Case Opening Notification. Judge Assigned: U.S. District Judge Stephen N. Limbaugh Jr.. (CMH) [Transferred from Missouri Eastern on 5/13/2024.] |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Tue Feb 27 12:02:44 CST 2024 (admin,) [Transferred from Missouri Eastern on 5/13/2024.] |
| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (CMH) [Transferred from Missouri Eastern on 5/13/2024.] |
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