Fleming v. Henderson et al
Plaintiff: Billy James Fleming
Defendant: Ms. Henderson, Warden Stittett, UM Williams, Bobby Smith, Cpl. Deen and AW Ms. Baldwin
Case Number: 2:2018cv01310
Filed: September 24, 2018
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Thomas E Johnston
Referring Judge: Dwane L Tinsley
Nature of Suit: Prisoner - (Prison Condition)
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2018 Filing 25 SUMMONS ISSUED by the Clerk on behalf of Billy James Fleming for Ms. Baldwin, Cpl. Deen, Ms. Henderson, Bobby Smith, Warden Stittett, UM Williams, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy for each defendant delivered to United States Marshals Service for service. (Attachments: #1 USM Form 285) (taq)
October 29, 2018 Filing 24 Partial Filing Fee Received: $20.52, Receipt Number CHAR015062. (tmr)
October 29, 2018 Opinion or Order Filing 23 ORDER AND NOTICE the plaintiff has paid his initial partial filing fee and this matter is ready to proceed with service of process; the Clerk is directed to issue summonses for each of the defendants; the United States Marshals Service shall attempt to serve each summons and a copy of the Complaint on each of the defendants, pursuant to Rule 4 of the Federal Rules of Civil Procedure and 28 U.S.C. 1915(d). Signed by Magistrate Judge Dwane L. Tinsley on 10/29/2018. (cc: plaintiff) (taq)
October 22, 2018 Filing 22 LETTER to Billy J. Fleming, from Clerk, SDWV dated 10/22/2018, re: Response to #21 Notice to Change of Address. (msa)
October 18, 2018 Filing 21 NOTICE OF CHANGE OF ADDRESS and Request for Case Number by Billy James Fleming: Salem Correctional Center, 7 Industrial Blvd., Industrial, WV 26426. (msa)
September 24, 2018 CASE assigned to Chief Judge Thomas E. Johnston. (klc)
September 24, 2018 Filing 20 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 Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (ts)
September 24, 2018 Filing 19 CASE TRANSFERRED IN from the West Virginia Northern; Case Number 5:18-cv-00044. Original file certified copy of transfer order and docket sheet received.
September 21, 2018 Opinion or Order Filing 18 ORDER TRANSFERRING CASE. Signed by Senior Judge Frederick P. Stamp, Jr. on 9/21/18. (Plaintiff via CM/rrr; E. Howell via email; Trustee Clerk at Institution via US Mail) (lmm) [Transferred from West Virginia Northern on 9/24/2018.]
September 21, 2018 Case transferred to District of Southern District of West Virginia. Entire Case file electronically transmitted. (lmm) [Transferred from West Virginia Northern on 9/24/2018.]
September 7, 2018 Filing 17 Initial Partial Filing fee : $ 16.88, receipt number WVNE012926 (lmm) [Transferred from West Virginia Northern on 9/24/2018.]
September 5, 2018 Filing 16 Case Reassigned to Magistrate Judge James P. Mazzone, per Order entered 9/4/2018 in 3:18-mc-100. Magistrate Judge James E. Seibert no longer assigned to the case. (copy to Pro Se Plaintiff w/MC Order via US Mail) (nmm) [Transferred from West Virginia Northern on 9/24/2018.]
August 27, 2018 Filing 15 NOTICE of Change of Address by Billy James Fleming. (Attachments: #1 Envelope) (address updated) (lmm) [Transferred from West Virginia Northern on 9/24/2018.]
August 10, 2018 Filing 14 LETTER from Billy Fleming regarding filing fees. (Attachments: #1 Envelope)(lmm) [Transferred from West Virginia Northern on 9/24/2018.]
August 8, 2018 Filing 13 RETURN RECEIPT as to #12 Order to Show Cause. SERVICE ACCEPTED on 8/2/18 per USPS. (lmm) [Transferred from West Virginia Northern on 9/24/2018.]
July 31, 2018 Opinion or Order Filing 12 ORDER TO SHOW CAUSE. The plaintiff will show cause within fourteen (14) days why his case should not be dismissed for the failure to prosecute. Signed by Magistrate Judge James E. Seibert on 7/31/18. (Pro Se Plaintiff via CM/rrr) (lmm) (Additional attachment(s) added on 7/31/2018: #1 Certified Mail Return Receipt) (lmm). [Transferred from West Virginia Northern on 9/24/2018.]
May 10, 2018 Filing 11 RETURN RECEIPT as to #10 Order. SERVICE ACCEPTED on 5/7/18 per USPS. (lmm) [Transferred from West Virginia Northern on 9/24/2018.]
May 4, 2018 Opinion or Order Filing 10 ORDER GRANTING PLAINTIFF'S #7 MOTION TO PROCEED IN FORMA PAUPERIS. The Trustee Officer shall forward to the Financial Deputy Clerk, in the form of a check or money order an initial partial filing fee of $16.88. Signed by Magistrate Judge James E. Seibert on 5/4/18. (Pro Se Plaintiff via CM/rrr; Trustee Officer @ Parkersburg Corr. Ctr. and Financial Deputy w/Consent to Collection) (lmm) (Additional attachment(s) added on 5/4/2018: #1 Certified Mail Return Receipt) (lmm). [Transferred from West Virginia Northern on 9/24/2018.]
April 4, 2018 Filing 9 NOTICE of Change of Address by Billy James Fleming. (Attachments: #1 Attachment Misc. Papers, #2 Envelope) (address updated as to the envelope)(lmm) [Transferred from West Virginia Northern on 9/24/2018.]
April 4, 2018 Filing 8 ** SEALED ** Prisoner Trust Fund Account Statement by Billy James Fleming. (Attachments: #1 Attachment Ledger Sheets, #2 Envelope)(lmm) [Transferred from West Virginia Northern on 9/24/2018.]
April 4, 2018 Filing 7 ** SEALED** MOTION for Leave to Proceed in forma pauperis by Billy James Fleming. (Attachments: #1 Attachment 2nd IFP form, #2 Envelope)(lmm) [Transferred from West Virginia Northern on 9/24/2018.]
April 4, 2018 Filing 6 ** SEALED ** Consent to Collection of Fees from Trust Account by Billy James Fleming. (Attachments: #1 Envelope)(lmm) [Transferred from West Virginia Northern on 9/24/2018.]
April 4, 2018 Filing 5 NOTICE OF INTENT TO FILE SUIT UNDER 42 U.S.C. 1983 by Billy James Fleming. (Attachments: #1 Envelope)(lmm) [Transferred from West Virginia Northern on 9/24/2018.]
March 30, 2018 Filing 4 RETURN RECEIPT as to #2 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT #3 NOTICE OF DEFICIENT PLEADING. SERVICE ACCEPTED on 3/26/18. (lmm) [Transferred from West Virginia Northern on 9/24/2018.]
March 22, 2018 Filing 3 NOTICE OF DEFICIENT PLEADING re #1 Complaint. (Attachments: #1 Attachment 1983 Forms needed) (copy to Pro Se Plaintiff via CM,rrr; copy to Judge Stamp) (nmm) (Additional attachment(s) added on 3/22/2018: #2 Certified Mail Return Receipt) (nmm). [Transferred from West Virginia Northern on 9/24/2018.]
March 22, 2018 Filing 2 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. (copy to Pro Se Plaintiff via CM,rrr; copy to Judge Stamp) (nmm) (Additional attachment(s) added on 3/22/2018: #1 Certified Mail Return Receipt) (nmm). [Transferred from West Virginia Northern on 9/24/2018.]
March 22, 2018 Filing 1 COMPLAINT against All Defendants, filed by Billy James Fleming. (Attachments: #1 Affidavit of Billy Fleming, #2 Exhibit 1 - Letter from Billy Fleming, dated 1/31/18, #3 Exhibit 2 - Inmate Grievance Form, dated 1/13/18, #4 Exhibit 3 - Inmate Grievance Form, dated 1/16/18, #5 Exhibit 5 - Inmate Grievance Form, dated 1/15/18, #6 Attachment Notice of Intent to File Suit Under 42 U.S.C. 1983, #7 Envelope) (NOTE: Exhibit 4 was not received by the Clerk's Office with the rest of these documents) (copy to Judge Stamp) (nmm) [Transferred from West Virginia Northern on 9/24/2018.]

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Defendant: Ms. Henderson
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Defendant: Warden Stittett
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Defendant: UM Williams
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Defendant: Bobby Smith
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Defendant: Cpl. Deen
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Defendant: AW Ms. Baldwin
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Plaintiff: Billy James Fleming
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