Howard v. Ballard
Plaintiff: Joseph Eugene Howard
Defendant: David Ballard
Case Number: 2:2013cv11006
Filed: May 7, 2013
Court: US District Court for the Southern District of West Virginia
Office: Charleston Office
County: Fayette
Presiding Judge: Thomas E. Johnston
Presiding Judge: Dwane L. Tinsley
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1983 Civil Rights
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 27, 2017 Opinion or Order Filing 163 MEMORANDUM OPINION AND ORDER adopting the 162 Proposed Findings and Recommendation by Magistrate Judge; granting defendants' 160 Motion for Summary Judgment; and dismissing this case from the docket. Signed by Judge Thomas E. Johnston on 7/27/2017. (cc: counsel of record; any unrepresented party) (taq)
May 31, 2017 Opinion or Order Filing 158 MEMORANDUM OPINION AND ORDER adopting the 157 Proposed Findings and Recommendation by Magistrate Judge; and denying plaintiff's 148 Motion for Injunction. Signed by Judge Thomas E. Johnston on 5/31/2017. (cc: counsel of record; any unrepresented party) (taq)
February 24, 2017 Opinion or Order Filing 153 MEMORANDUM OPINION AND ORDER adopting the 150 , 151 Proposed Findings and Recommendation by Magistrate Judge; granting Defendant Kelly Foster's 133 Motion to Dismiss; dismissing WITH PREJUDICE Kelly Foster as a defendant in this case; denying Plaintiff's 138 Letter-Form Motion for Judgment by Default; and DISMISSES WITHOUT PREJUDICE Defendants Cory DiMallo, Lyle Lesher, James McCloud, T.E. Tawes, M.A. Elswick, and Officer Godfrey pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Thomas E. Johnston on 2/24/2017. (cc: counsel of record; any unrepresented party) (taq)
April 22, 2016 Opinion or Order Filing 132 MEMORANDUM OPINION AND ORDER adopting the 117 Proposed Findings and Recommendations by Magistrate Judge; dismissing Plaintiff's claims against the West Virginia Division of Corrections and the West Virginia State Police, including the request for monetary damages against these defendants contained in paragraph 16 of the Second Amended Complaint; directing the Clerk to remove the West Virginia Division of Corrections and West Virginia State Police as parties to the present action. Signed by Judge Thomas E. Johnston on 4/22/2016. (cc: counsel of record; any unrepresented party) (tmh)
March 22, 2016 Opinion or Order Filing 116 MEMORANDUM OPINION AND ORDER granting plaintiff's 96 MOTION to Set Aside, Alter or Amend Judgment; except to the extent it requests an extension of time, denying as moot the request contained in said motion; denying plaintiff's 101 MOTION to Transfer; denying plaintiff's 108 AMENDED MOTION to Set Aside Alter and Amend Judgment. Signed by Judge Thomas E. Johnston on 3/22/2016. (cc: plaintiff, pro se; counsel of record; any unrepresented party) (taq)
September 11, 2015 Opinion or Order Filing 106 MEMORANDUM OPINION ORDER adopting the 104 Proposed Findings and Recommendation of the Magistrate Judge; denying plaintiff's 87 Amended Motion for injunctive relief; and denying plaintiff's 89 and 91 Motions for expedited relief ; the Court calls attention to plaintiff's practice of sending documents to various person (including this Court) and stating that failure to sign such documents or comply with other requests will be considered an admission of the conduct addr essed in the documents or requests and formally notifies plaintiff that any additional use of this practice may result in sanctions; the Court leaves this matter referred to Magistrate Judge Tinsley for additional proceedings concerning the plaintiff's remaining claims. Signed by Judge Thomas E. Johnston on 9/11/2015. (cc: plaintiff, pro se; counsel of record; any unrepresented party) (taq)
March 31, 2015 Opinion or Order Filing 94 MEMORANDUM OPINION AND ORDER the Court OVERRULES Plaintiff's 88 objections; ADOPTS the 86 Proposed Findings and Recommendation, to the extent that it is consistent with this Memorandum Opinion and Order; GRANTS the 33 Motion to Dismis s filed by Defendants David Ballard, James McCloud, Jim Rubenstein, and West Virginia Division of Corrections; and DENIES Plaintiff's 21 , 56 and 58 Motions for injunctive relief; the Court leaves this matter referred to Magistrate Judge Tinsley for additional proceedings concerning the Plaintiff's remaining claims against the John Doe defendants. Signed by Judge Thomas E. Johnston on 3/30/2015. (cc: plaintiff, pro se; counsel of record; any unrepresented party) (taq)
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Plaintiff: Joseph Eugene Howard
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Defendant: David Ballard
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