Friend v. Circuit Court of McDowell County, W.V. et al
Plaintiff: John David Friend
Defendant: Circuit Court of McDowell County, W.V., Ed Cornish, Floyd Anderson, State of West Virginia and Ed Kornish
Case Number: 1:2022cv00301
Filed: July 22, 2022
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: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 29, 2022 Opinion or Order Filing 12 ORDER construing Plaintiff's two #9 , #10 Documents/Letters in Support of his Complaint as new allegations against new defendants, staff at Southwestern Regional Jail and Correctional Facility. Therefore, the undersigned CONSTRUES Plaintiff's above Documents/Letters (Document Nos. 9 and 10) as an attempt to initiate a new civil action pursuant to 42 U.S.C. 1983 and hereby DIRECTS the Clerk to open a new civil and include therein a copy of Plaintiff's #9 , #10 Documents/Letters. The undersigned further DIRECTS that the Clerk send Plaintiff a form Complaint. If Plaintiff wishes to proceed with a Section 1983 action concerning claims against staff at the Southwestern Regional Jail and Correctional Facility, Plaintiff is ORDERED to file on or before 9/26/2022 the form Complaint stating, among other things, the names of individual defendant(s) in his Section 1983 action and stating specific facts as to how each defendant violated his constitutional rights. Plaintiff is NOTIFIED that if he wishes to fully exhaust his administrative remedies prior to seeking relief, he should voluntarily dismiss the new Section 1983 action and initiate a new action upon his completion of the administrative remedy process. Signed by Magistrate Judge Omar J. Aboulhosn on 8/29/2022. (cc: Plaintiff with Section 1983 Complaint Packet) (arb)
August 29, 2022 Opinion or Order Filing 11 ORDER construing Plaintiff's #8 Documentation in Support of his Complaint as new allegations against a new defendant, Brittany R. Puckett, Prosecuting Attorney for McDowell County, West Virginia. Therefore, the undersigned CONSTRUES Plaintiff's above document (Document No. 8) as an attempt to initiate a new civil action pursuant to 42 U.S.C. 1983 and hereby DIRECTS the Clerk to open a new civil action and include therein a copy of Plaintiff's #8 Documentation in Support of his Complaint. The undersigned further DIRECTS that the Clerk send Plaintiff a form Complaint. If Plaintiff wishes to proceed with a Section 1983 action concerning claims against Prosecuting Attorney Puckett, Plaintiff is ORDERED to file on or before 9/26/2022, the form Complaint stating specific facts as to how Prosecuting Attorney Puckett violated his constitutional rights. Signed by Magistrate Judge Omar J. Aboulhosn on 8/29/2022. (cc: Plaintiff with Section 1983 Complaint Packet) (arb)
August 24, 2022 Opinion or Order Filing 10 DOCUMENTATION by John David Friend in Further Support of #1 Complaint. (mk)
August 24, 2022 Opinion or Order Filing 9 DOCUMENTATION by John David Friend in Further Support of #1 Complaint. (arb)
August 23, 2022 Opinion or Order Filing 8 DOCUMENTATION by John David Friend in Further Support of #1 Complaint. (arb)
August 22, 2022 Opinion or Order Filing 7 PROPOSED FINDINGS AND RECOMMENDATION directing the Clerk to modify the Docket Sheet to reflect "Ed Kornish, Judge" as the proper Defendant herein and terminate "Ed Cornish, Judge"; the Clerk shall mail Plaintiff a form Section 2241 Petition; recommending that the District Court deny Plaintiff's #5 Application to Proceed Without Prepayment of Fees or Costs, dismiss Plaintiff's #1 Complaint and remove this matter from the Court's docket. This case no longer referred to Magistrate Judge Omar J. Aboulhosn. If the PF&R was served electronically, Objections are due by 9/6/2022. If the PF&R was served by mail, Objections are due by 9/8/2022. Signed by Magistrate Judge Omar J. Aboulhosn on 8/22/2022. (cc: Plaintiff - pro se w/form Section 2241) (btm)
August 3, 2022 Opinion or Order Filing 6 DOCUMENTATION by John David Friend in Further Support of #1 Complaint. (arb)
August 3, 2022 Opinion or Order Filing 5 APPLICATION by John David Friend to Proceed Without Prepayment of Fees and Costs (Attachment: #1 Cover Note written on back of Page 1 of the 7/25/2022 Order (ECF No. 3)). Motion referred to Magistrate Judge Omar J. Aboulhosn. (arb)
July 25, 2022 Opinion or Order Filing 4 DOCUMENTATION by John David Friend in Further Support of #1 Complaint. (arb)
July 25, 2022 Opinion or Order Filing 3 ORDER directing Plaintiff to either pay the filing and administrative fee totaling $402 or file an Application to Proceed Without Prepayment of Fees and Costs by 8/26/2022. Signed by Magistrate Judge Omar J. Aboulhosn on 7/25/2022. (cc: Plaintiff, pro se w/blank IFP Application) (arb)
July 22, 2022 Opinion or Order CASE assigned to Senior Judge David A. Faber. (klc)
July 22, 2022 Opinion or Order 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: attys; any unrepresented party) (arb)
July 22, 2022 Opinion or Order Filing 1 COMPLAINT. (arb)

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Search for this case: Friend v. Circuit Court of McDowell County, W.V. et al
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Plaintiff: John David Friend
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Defendant: Circuit Court of McDowell County, W.V.
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Defendant: Ed Cornish
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Defendant: Floyd Anderson
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Defendant: State of West Virginia
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Defendant: Ed Kornish
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