Burch v. Murphy et al
| Dennis Burch |
| Benita Murphy, Michael Trupo, Carole B. Greene and Peggy Pope |
| 2:2017cv03311 |
| May 2, 2018 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Randolph |
| Thomas E. Johnston |
| Dwane L. Tinsley |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
62
MEMORANDUM OPINION AND ORDER directing that the Court DISMISSES Plaintiff's 2 Complaint for lack of standing, OVERRULES AS MOOT Plaintiff's 47 objections, DECLINES to adopt the 44 PF&R AS MOOT, DENIES AS MOOT Defendants' 24 Mot ion to Dismiss, and DENIES AS MOOT Plaintiff's 5 Motion for Class Certification; the Clerk is directed to remove this case from the Docket. Signed by Judge Thomas E. Johnston on 3/18/2020. (cc: counsel of record; any unrepresented party) (kew)
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Filing
55
MEMORANDUM OPINION AND ORDER granting 48 RULE 59(e) MOTION by Dennis Burch to alter a judgment, re: 45 Order Adopting the Proposed Findings and Recommendation and dismissing this action; the Clerk is directed to remove this action from the Courts docket until further notice from the court of appeals. Signed by Judge Thomas E. Johnston on 5/22/2019. (cc: counsel of record; any unrepresented party) (kew)
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Filing
45
ORDER The Court ADOPTS the 44 Proposed Findings and Recommendation, GRANTS the Defendants' 24 Motion to Dismiss, and DISMISSES this action; the Clerk is directed to remove this action from the docket of the Court. Signed by Judge Thomas E. Johnston on 3/15/2019. (cc: counsel of record; any unrepresented party) (kp)
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Filing
16
MEMORANDUM OPINION AND ORDER the Court SUSTAINS plaintiff's 13 first objection regarding the ex post facto claim insofar as he alleges that the due process requirements enunciated by the WVSCA in Carper have not been followed in his or oth er similarly situated prisoners parole hearing determinations; plaintiff's other objections are OVERRULED AS MOOT; DECLINES to adopt the 11 PROPOSED FINDINGS AND RECOMMENDATION and DIRECTS the Magistrate Judge to serve process on the named defendants in this matter; denying without prejudice 4 MOTION for Appointment of Counsel and 5 MOTION for Certification of the Class, as responsive pleadings will better develop the record as to the appropriateness of class certification and the appointment of counsel; plaintiff will have an opportunity to re-file his motions once service of process has occurred and responsive pleadings have been filed; this case is RE-REFERRED to Magistrate Judge Tinsley for further findings of fact and a recommendation for disposition. Signed by Judge Thomas E. Johnston on 3/28/2018. (cc: counsel of record; any unrepresented party) (taq)
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