Moore v. Rife et al

Plaintiff:	Lewis Moore, III
Defendant:	FCI McDowell, B. Rickard, W. Hacker and B. Rife
Case Number:	1:2020cv00575
Filed:	October 8, 2020
Court:	US District Court for the Southern District of West Virginia
Presiding Judge:	Omar J Aboulhosn
Referring Judge:	David A Faber
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	None

Docket Report

This docket was last retrieved on March 29, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 9, 2020	Filing 16 LETTER to Clerk, United States District Court, from Lewis Moore, III, dated 11/3/2020, advising he does not wish to prosecute this civil action at this time. (arb)
October 23, 2020	Filing 15 SUMMONS RETURNED EXECUTED for W. Hacker, re: #9 Summons Issued as to USA. Person Served: B. Browning, USPS agent. Delivered 10/10/2020. (mk)
October 23, 2020	Filing 14 SUMMONS RETURNED EXECUTED for B. Rife, re: #9 Summons Issued as to USA. Person Served: B. Browning, USPS agent. Delivered 10/10/2020. (mk)
October 19, 2020	Filing 13 SUMMONS RETURNED EXECUTED by Attorney General of the US on behalf of W. Hacker, B. Rickard, B. Rife, re: #9 Summons Issued as to USA. Delivered on 10/14/2020. (mk)
October 19, 2020	Filing 12 SUMMONS RETURNED EXECUTED by United States Attorney on behalf of W. Hacker, B. Rickard, B. Rife re: #9 Summons Issued as to USA. United States Attorney served on 10/13/2020, answer due 12/14/2020. Person Served: V. Dickerson. (mk)
October 19, 2020	Filing 11 ORDER directing Plaintiff to provide the Court with an updated address for B. Rickard by 11/16/2020. Failure to comply with this directive will result in a recommendation of dismissal of this matter without prejudice as to the above-named defendant. Signed by Magistrate Judge Omar J. Aboulhosn on 10/19/2020. (cc: Plaintiff, pro se and counsel of record) (arb)
October 16, 2020	Filing 10 SUMMONS RETURNED UNEXECUTED for B. Rickard re: #9 Summons Issued. Date Returned Unexecuted: 10/16/2020. (mk)
October 8, 2020	Filing 9 SUMMONS ISSUED by the Clerk on behalf of Lewis Moore, III for B. Rife, W. Hacker, B. Rickard, re: #2 Complaint, returnable 60 days, via cert. mail, RRR, restricted delivery. (Attachments: #1 Summons-Hacker, #2 Summons-Rickard, #3 Summons-Attorney General of the US, #4 Summons-United States Attorney, #5 Certified Mail Receipts) (mk)
October 8, 2020	Filing 8 PROPOSED FINDINGS AND RECOMMENDATION: that the District Court DISMISS Plaintiff's #1 Complaint as to the following: (1) Claims against FCI McDowell; (2) Claims of verbal abuse or harassment in violation of the Eighth Amendment; and (3) Claims of retaliation in violation of the First Amendment; and REFER this matter back to the undersigned for further proceedings on Plaintiff's claim of negligence and deliberate indifference concerning his allegation that he was locked in the kitchen cooler/freezer. If the PF&R was served electronically, Objections are due by 10/22/2020. If the PF&R was served by mail, Objections are due by 10/26/2020. Signed by Magistrate Judge Omar J. Aboulhosn on 10/8/2020. (cc: Plaintiff) (mk)
October 8, 2020	Filing 7 ORDER GRANTING #1 APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES: directing Plaintiff to make monthly payments, as more fully described herein, until he has paid the total filing fee of $350.00; the Court does not assess an initial partial filing fee; directing the Clerk to issue process in this case by preparing and serving a Summons and a copy of Plaintiff's Complaint upon the Defendants Rife, Hacker, and Rickard as specified in Rule 4 of the Federal Rules of Civil Procedure; directing the Plaintiff to notify the Court by writing, within 30 days of the date of entry of this Order, if he does not wish to pay the filing fee. Signed by Magistrate Judge Omar J. Aboulhosn on 10/8/2020. (cc: Plaintiff; counsel of record; FCI McDowell - Officer administering prisoner accounts) (mk)
September 21, 2020	Filing 6 NOTICE OF CHANGE OF ADDRESS by Lewis Moore, III; system updated. (arb)
September 1, 2020	Filing 5 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: attys; any unrepresented party) (mk)
August 31, 2020	Filing 4 PRISONER TRUST ACCOUNT REPORT by Lewis Moore, III (mk)
August 31, 2020	Filing 3 CONSENT TO COLLECTION OF FEES FROM TRUST ACCOUNT by Lewis Moore, III (mk)
August 31, 2020	Filing 2 COMPLAINT. (Attachments: #1 Exhibits in Support) (mk)
August 31, 2020	Filing 1 APPLICATION by Lewis Moore, III to Proceed without Prepayment of Fees and Costs (mk)
August 31, 2020	CASE assigned to Senior Judge David A. Faber. (klc)

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Defendant: FCI McDowell
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Defendant: B. Rickard
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Defendant: W. Hacker
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Defendant: B. Rife
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Plaintiff: Lewis Moore, III
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