Justice v. City of Charleston, West Virginia
| Howard Lee Justice, Jr. |
| City of Charleston, West Virginia |
| 2:2019cv00676 |
| October 7, 2019 |
| US District Court for the Southern District of West Virginia |
| Thomas E Johnston |
| Dwane L Tinsley |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Document Text |
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Filing 9
ORDER directing that the Court ADOPTS the #5 Proposed Findings and Recommendation and DISMISSES this matter WITH PREJUDICE; the Clerk is DIRECTED to REMOVE this case from the active docket of this Court. Signed by Judge Thomas E. Johnston on 12/2/2019. (cc: counsel of record; any unrepresented party) (kew)
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| Filing 8 LETTER-FORM REQUEST by Howard Lee Justice, Jr to Move This Case to Circuit Court. (Attachments: #1 Financial Affidavit and Application for Circuit of Kanawha County, #2 Envelope) (ts) |
| Filing 7 LETTER-FORM MOTION by Howard Lee Justice, Jr for Appointment of Counsel (Attachment: #1 Envelope) (ts) |
| Filing 6 MOTION by Howard Lee Justice, Jr for Appointment of Counsel. (Attachment: #1 Envelope) (ts) |
| Filing 5 PROPOSED FINDINGS AND RECOMMENDATION It is RECOMMENDED that the presiding District Judge DISMISS these consolidated civil actions for lack of subject matter jurisdiction pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure. This case is no longer referred to Magistrate Judge Dwane L. Tinsley. Objections to Proposed F&R due by 10/25/2019. Signed by Magistrate Judge Dwane L. Tinsley on 10/8/2019. (cc: plaintiff) (kew) |
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Filing 4
ORDER directing that Case Nos. 2:19-cv-00676, 2:19-cv-00678, and 2:19-cv-00719 are CONSOLIDATED, with 2:19-cv-00676 being the lead case, and all further documents being docketed only therein; the Applications to Proceed Without Prepayment of Fees and Costs contained in Case Nos. 2:19-cv-00678, ECF No. 1, and 2:19-cv-00719, ECF No. 1, are DENIED AS MOOT; the #1 Application to Proceed without Prepayment of Fees or Costs filed in Case No. 2:19-cv-00676 is GRANTED, except to the extent that the plaintiff is required to make the payments set forth herein; the 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 the plaintiff is incarcerated; the plaintiff is required to make monthly payments of 20 percent of the preceding month's income credited to his prisoner account, until he has paid the total filing fee of $350.00; when the plaintiff's prisoner account exceeds the sum of $10.00, the correctional facility is requested to forward monthly payments to the Clerk of this Court, with each payment being a sum which equals 20 percent of the preceding month's income credited to the plaintiff's prisoner account. Signed by Magistrate Judge Dwane L. Tinsley on 10/7/2019. (cc: plaintiff; inmate accounts) (kew)
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| THIS CASE HAS BEEN CONSOLIDATED WITH 2:19-cv-00678 and 2:19-cv-00719 AS OF 10/7/2019. ALL FURTHER ENTRIES SHALL BE DOCKETED HEREIN. (kew) |
| Filing 3 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) (kew) |
| Filing 2 COMPLAINT. (Attachment: #1 Envelope) (kew) |
| Filing 1 APPLICATION by Howard Lee Justice, Jr. to Proceed without Prepayment of Fees or Costs. (Attachment: #1 Average Resident Balance Statement) (kew) |
| CASE assigned to Chief Judge Thomas E. Johnston. (klc) |
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| Plaintiff: Howard Lee Justice, Jr. | |
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| Defendant: City of Charleston, West Virginia | |
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