Smith v. Penick et al.
Plaintiff: Roger D. Smith
Defendant: Johnathan Frame, Captain Brian Penick, Betsy Jividen, Sergeant Johnny Wilson, Donald Ames, Samuel Pauley, Johnny Wilson and Brian Penick
Case Number: 2:2020cv00548
Filed: August 28, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: John T Copenhaver
Referring Judge: Dwane L Tinsley
Nature of Suit: Prisoner - (Prison Condition)
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2020 Filing 13 MEMORANDUM OF LAW by Donald Ames, Johnathan Frame, Betsy Jividen, Samuel Pauley, Brian Penick, Johnny Wilson in support of #12 MOTION by Donald Ames, Johnathan Frame, Betsy Jividen, Samuel Pauley, Brian Penick, Johnny Wilson to Strike and Dismiss #2 Complaint (Murray, William)
October 6, 2020 Filing 12 MOTION by Donald Ames, Johnathan Frame, Betsy Jividen, Samuel Pauley, Brian Penick, Johnny Wilson to Strike and Dismiss #2 Complaint. Motion referred to Magistrate Judge Dwane L. Tinsley.(Murray, William). (Modified on 10/7/2020 to add motion to dismiss event)(ts).
September 18, 2020 Filing 11 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Samuel Pauley, re: #2 Complaint. Samuel Pauley served on 9/16/2020, answer due 10/7/2020. (lca)
September 18, 2020 Filing 10 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Johnny Wilson, re: #5 Summons Issued. Johnny Wilson served on 9/15/2020, answer due 10/6/2020.
September 18, 2020 Filing 9 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Donald Ames, re: #5 Summons Issued. Donald Ames served on 9/15/2020, answer due 10/6/2020.
September 18, 2020 Filing 8 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Johnathan Frame, re: #5 Summons Issued. Johnathan Frame served on 9/15/2020, answer due 10/6/2020.
September 18, 2020 Filing 7 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Betsy Jividen, re: #5 Summons Issued. Betsy Jividen served on 9/15/2020, answer due 10/6/2020.
September 18, 2020 Filing 6 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Brian Penick, re: #5 Summons Issued. Brian Penick served on 9/15/2020, answer due 10/6/2020.
August 31, 2020 Filing 5 SUMMONS ISSUED by the Clerk for Donald Ames, Johnathan Frame, Betsy Jividen, Samuel Pauley, Brian Penick, Johnny Wilson, re: #2 Complaint, returnable 21 days. (Attachments: #1 Summons as to Wilson, #2 Summons as to Pauley, #3 Summons as to Ames, #4 Summons as to Frame, #5 Summons as to Betsy Jividen, #6 USM for each defendant) (ts)
August 28, 2020 Opinion or Order Filing 4 ORDER granting #1 APPLICATION to Proceed Without Prepayment of Fees or Costs; directing 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; plaintiff is required to make monthly payments of 20 percent of the preceding month's income credited to his prisoner's account, until he has paid the total filing fee of $350.00; further directing the Clerk to issue a summons for each defendant and deliver the same to the United States Marshals Service as set forth herein. Signed by Magistrate Judge Dwane L. Tinsley on 8/28/2020. (cc: plaintiff; Trustee Clerk at the Mount Olive Correctional Complex) (ts)
August 20, 2020 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) (klc)
August 19, 2020 CASE assigned to Senior Judge John T. Copenhaver, Jr. (klc)
August 19, 2020 Filing 2 VERIFIED COMPLAINT. (Attachments: #1 Exhibits, #2 Envelope) (klc) (Modified on 8/31/2020 to add missing page) (ts).
August 19, 2020 Filing 1 APPLICATION by Roger D. Smith to Proceed without Prepayment of Fees or Costs. (klc)

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Defendant: Johnathan Frame
Represented By: William E. Murray
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Defendant: Captain Brian Penick
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Defendant: Betsy Jividen
Represented By: William E. Murray
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Defendant: Sergeant Johnny Wilson
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Defendant: Donald Ames
Represented By: William E. Murray
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Defendant: Samuel Pauley
Represented By: William E. Murray
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Defendant: Johnny Wilson
Represented By: William E. Murray
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Defendant: Brian Penick
Represented By: William E. Murray
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Plaintiff: Roger D. Smith
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