Greene v. Ballard et al
| Michael Jermaine Greene |
| David Ballard, Jonathan Frame, Margaret Clifford, Andy Mitchell and Sherriel L. Snider |
| 2:2017cv02897 |
| February 16, 2018 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Fayette |
| Dwane L. Tinsley |
| John T. Copenhaver |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
485
MEMORANDUM OPINION AND ORDER granting 318 MOTION to Dismiss by Kevin Baker; denying as moot 341 MOTION to Dismiss by Charles Lyle; granting 371 MOTION to Dismiss by Donald Slack; granting in part denying in part 386 MOTION to Dismiss by Dylan Hayhurst; granting 387 MOTION to Dismiss by John Wood; granting 410 MOTION to Dismiss by James Smith; denying without prejudice plaintiff's 420 MOTION for Summary Judgment; granting 435 MOTION for Summary Judgment by Char les Lyle and Josh Shrewsberry; denying as moot 300 MOTION to Dismiss by Josh Shrewberry; granting 312 MOTION to Dismiss by James Taylor; granting 314 MOTION to Dismiss by Matthew Isaacs; granting 316 MOTION to Dismiss by Dustin Rose; the plaintiff has claims remaining, this matter shall remain referred to Magistrate Judge Dwane L. Tinsley. Signed by Senior Judge John T. Copenhaver, Jr. on 3/31/2023. (cc: counsel of recortd; any unrepresented party; Mag. Judge) (tmr)
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Filing
439
MEMORANDUM OPINION AND ORDER The Petitioner's 268 Objections to the Proposed Findings and Recommendation are overruled; the 266 Proposed Findings and Recommendation is modified on page 38 to correctly identify defendant "Sgt. Jamie Smit h" as "Sgt. Jessie Smith"; the Proposed Findings and Recommendation is adopted; all claims against the defendants listed herein are dismissed; all claims brought under the First, Fourth, Fifth, Ninth, and Fourteenth Amendments of the U nited States Constitution and Article III, sections 1, 5, and 10 of the West Virginia Constitution are dismissed. Signed by Senior Judge John T. Copenhaver, Jr. on 12/7/2022. (cc: counsel of record; any unrepresented parties; United States Magistrate Judge) (kew)
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Filing
433
ORDER scheduling an evidentiary hearing for 12/14/2022 at 1:00 p.m. Plaintiff and counsel for defendants are ORDERED to appear in person. The Clerk is directed to issue a Writ of Habeas Corpus Ad Testificandum for the transport of the Plaintiff fr om the Huttonsville Correctional Center for his appearance at the hearing. The Plaintiff's 389 , 391 , and 400 Motions for Leave to Amend Second Amended Complaint are DENIED. The Defendants' 388 Motion to Stay Discovery and D efendants' 412 and 415 Motions for Protective Order are GRANTED. Further directing that, outside of the evidentiary hearing that will be held on the administrative exhaustion issue, discovery in this matter is stayed and Defendants are n ot required to respond to Plaintiff's discovery requests absent further order of the Court. Consequently, Plaintiff's 340 , 346 , and 349 Motions for Leave to Serve Discovery and his 359 and 419 Motions for Order Compelling Dis covery are DENIED WITHOUT PREJUDICE. The 355 and 409 Motions for Appointment of Counsel are DENIED WITHOUT PREJUDICE. Plaintiff's 337 Motion for Order Directing Counsel to Copy Plaintiff on All Filings is GRANTED. As addressed on the record, Plaintiff's 428 Request for Correction of Docket Entries 411 and 418 is GRANTED, but the 427 Motion for Order to Investigate All Clerks/Staff Who Docket Court Documents is DENIED. Finally, Plaintiff's 417 Motion to Join Defendant Matthew Hypes in Response to Motion to Dismiss is GRANTED. Plaintiff's response contained in ECF No. 399 will be treated as also being responsive to the Motion to Dismiss filed by Defendant Hypes at ECF No. 410. Signed by Magistrate Judge Dwane L. Tinsley on 12/1/2022. (cc: Plaintiff; counsel of record) (ts)
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Filing
256
ORDER The 252 Proposed Findings and Recommendation is adopted and incorporated herein; the 209 MOTION by Michael Jermaine Greene for Court Order to Have Defendant Move Back to Mt. Olive Correctional Complex for MHU Only is denied. Signed by Senior Judge John T. Copenhaver, Jr. on 2/25/2021. (cc: counsel of record; any unrepresented parties; United States Magistrate Judge) (kew)
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Filing
211
MEMORANDUM OPINION AND ORDER: The court overrules plaintiff's 208 objections; adopts and incorporates in full the 197 Proposed Findings and Recommendation by Magistrate Judge Dwane L. Tinsley; denies in part, without prejudice, and grants in part, defendants' 141 Motion to Dismiss as more fully set forth herein. This case is again referred to United States Magistrate Judge Dwane L. Tinsley for additional proceedings. Signed by Senior District Judge John T. Copenhaver, Jr. on 3/27/2020. (cc: counsel of record, any unrepresented parties, and the United States Magistrate Judge) (arb)
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Filing
146
MEMORANDUM OPINION AND ORDER directing (1) That the petitioner's objection to the Proposed Findings and Recommendation is overruled; (2) That the magistrate judge's 137 Proposed Findings and Recommendation are adopted and incorporated in full; (3) That the plaintiff's 47 Motion for Preliminary Injunction and/or Protective Order and his 118 Motion Requesting an Order to be Moved from Mount Olive Correctional Complex if New Offer of Settlement is Refused are denied; (4) That the defendants' 34 motion to dismiss is denied without prejudice, pending a new responsive pleading by those defendants in view of the addition of fifty more defendants in the Second Amended Complaint; and (5) That this matter is again referre d to the United States Magistrate Judge for additional consideration of the plaintiff's claims for relief contained in the Second Amended Complaint, on which this matter will now proceed. Signed by Judge John T. Copenhaver, Jr. on 3/28/2019. (cc: counsel of record; any unrepresented parties; United States Magistrate Judge) (kew)
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