Lewis v. United States of America et al
Plaintiff: James Edward Lewis
Defendant: United States of America, Correctional Officer M. Slaughter and Medical R.N. W. Walters
Case Number: 1:2024cv00089
Filed: February 28, 2024
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. ยง 1331 Federal Question: Bivens Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2024 Filing 13 SUMMONS RETURNED EXECUTED for Attorney General of the United States on behalf of United States of America, Correctional Officer M. Slaughter and Medical R.N. W. Walters re: #5 Complaint. Person Served: Eddie L. Anderson. (arb)
March 12, 2024 Filing 12 SUMMONS RETURNED EXECUTED for Medical R.N. W. Walters re: #5 Complaint. (arb)
March 12, 2024 Filing 11 SUMMONS RETURNED EXECUTED for Correctional Officer M. Slaughter re: #5 Complaint. (arb)
March 5, 2024 Filing 10 SUMMONS RETURNED EXECUTED for United States Attorney on behalf of United States of America, Correctional Officer M. Slaughter and Medical R.N. W. Walters re: #5 Complaint. United States of America served on 3/4/2024, answer due 5/3/2024. Correctional Officer M. Slaughter served on 3/4/2024, answer due 5/3/2024. Medical R.N. W. Walters served on 3/4/2024, answer due 5/3/2024. Person Served: M. Wallace. (arb)
February 28, 2024 Filing 9 SUMMONS ISSUED by the Clerk on behalf of James Edward Lewis for Attorney General of the United States, United States Attorney, United States of America, Correctional Officer M. Slaughter and Medical R.N. W. Walters re: #5 Complaint, returnable 60 days, via cert. mail, RRR, restricted delivery. (Attachments: #1 Correctional Officer M. Slaughter Summons, #2 Medical R.N. W. Walters Summons, #3 Certified Mail Receipts (4)) (arb)
February 28, 2024 Opinion or Order Filing 8 ORDER denying the #3 MOTION by James Edward Lewis to Appoint Counsel and denying the #4 MOTION by James Edward Lewis to Approve Funds to Retain Expert Polygraph Examiner. Signed by Magistrate Judge Omar J. Aboulhosn on 2/28/2024. (cc: Plaintiff, pro se and counsel of record) (arb)
February 28, 2024 Opinion or Order Filing 7 ORDER GRANTING #2 APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES Plaintiff shall pay the full amount of the filing fee of $350.00 by payments sent to the Clerk of the Court by the prison where Plaintiff is incarcerated. However, due to Plaintiff's lack of funds, the Court does not assess an initial partial filing fee. Nevertheless, Plaintiff is required to make monthly payments as more fully set forth herein. It is further ORDERED and NOTICED that if Plaintiff obtains a recovery in this action, it shall be paid to the Clerk of the Court who shall pay therefrom all unpaid costs taxed against Plaintiff and pay the balance to the Plaintiff and his attorney, if any. If judgment is rendered against the Plaintiff and the judgment includes the payment of costs, Plaintiff will be required to pay the full amount of the costs in installments as the Court determines, notwithstanding that his Application to Proceed Without Prepayment of Fees has been granted. Should Plaintiff not wish to prosecute this civil action, he is to notify the Court in writing within 30 days of the date of this Order. The Clerk shall issue process in this case by preparing and serving a Summons and a copy of Plaintiff's #5 Complaint upon Defendants. Signed by Magistrate Judge Omar J. Aboulhosn on 2/28/2024. (cc: Plaintiff, counsel of record, Trustee Officer, USP Coleman I) (arb)
February 23, 2024 CASE assigned to Senior Judge David A. Faber. (klc)
February 23, 2024 Filing 6 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 and any pro se party) (mk)
February 23, 2024 Filing 5 COMPLAINT (nunc pro tunc 1/2/2024) (originally filed in Civil Action 1:23-cv-00650). (Attachment: #1 Envelope) (mk)
February 23, 2024 Filing 4 MOTION by James Edward Lewis to Approve Funds to Retain Expert Polygraph Examiner (nunc pro tunc 1/2/2024; originally filed in Civil Action 1:23-cv-00650). (Attachment: #1 Exhibit A) (mk)
February 23, 2024 Filing 3 MOTION by James Edward Lewis for Appointment of Counsel (nunc pro tunc 1/2/2024; originally filed in Civil Action 1:23-cv-00650). (mk)
February 23, 2024 Filing 2 APPLICATION by James Edward Lewis to Proceed in Forma Pauperis (nunc pro tunc 1/2/2024; originally filed in Civil Action 1:23-cv-00650). (Attachment: #1 Inmate Account Information) (mk)
February 23, 2024 Filing 1 NOTICE by James Edward Lewis to Refile Case (nunc pro tunc 1/2/2024; originally filed in Civil Action 1:23-cv-00650; CONSTRUED as a new civil action pursuant to attached Court Order entered in Civil Action 1:23-cv-00650). (Attachment: #1 Order directing the Clerk to open a new civil action) (mk)

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Plaintiff: James Edward Lewis
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Defendant: United States of America
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Defendant: Correctional Officer M. Slaughter
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Defendant: Medical R.N. W. Walters
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