Chapman v. Mt. Olive Correctional Complex et al
Plaintiff: Oscar J. Chapman, IV
Defendant: Dr. Lyle, Officer Smith, Officer Thomas, Mt. Olive Correctional Complex and 3 unnamed Officers
Case Number: 2:2020cv00725
Filed: December 10, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Omar J Aboulhosn
Referring Judge: Irene C Berger
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 5, 2021 Opinion or Order Filing 27 MOTION by Oscar J. Chapman, IV to Dismiss Without Prejudice. (Kincaid, Rachel)
January 27, 2021 Opinion or Order Filing 26 ORDER AND NOTICE: Rule 12(b) Motions 2/17/2021. Rule 26(f) Meeting 2/24/2021. Last day to file report of Rule 26(f) Meeting 3/3/2021. Scheduling Conference at 2:00 PM on 3/17/2021 in Charleston. Entry of Scheduling Order 3/24/2021. Last Day to make Rule 26(a)(1) disclosures 3/31/2021. Signed by Judge Irene C. Berger on 1/27/2021. (cc: counsel of record; any unrepresented party) (kew)
January 27, 2021 Opinion or Order Filing 25 MEMORANDUM OF LAW by Mt. Olive Correctional Complex in support of #24 MOTION by Mt. Olive Correctional Complex to Dismiss #4 Complaint. (Fuller, John)
January 27, 2021 Opinion or Order Filing 24 MOTION by Mt. Olive Correctional Complex to Dismiss #4 Complaint. (Fuller, John)
January 26, 2021 Opinion or Order Filing 23 STIPULATION EXTENDING TIME for Dr. Lye to respond to #4 Complaint until an amended complaint is served by Dr. Lyle, Oscar J. Chapman, IV (Herrick, Jordan) (Modified on 1/27/2021 to add link to #4 complaint and to add party filer) (ts).
January 26, 2021 Opinion or Order Filing 22 NOTICE OF APPEARANCE by Adam K. Strider on behalf of Dr. Lyle. (Strider, Adam)
January 26, 2021 Opinion or Order Filing 21 NOTICE OF APPEARANCE by Jordan K. Herrick on behalf of Dr. Lyle. (Herrick, Jordan)
January 15, 2021 Opinion or Order Filing 20 NOTICE of Intent to Serve Subpoena Upon West Virginia Division of Corrections and Rehabilitation by Oscar J. Chapman, IV (Attachments: #1 Subpoena to Produce Docs, Info, or Objects or to Permit Inspection, #2 Subpoena Addendum)(Milnes, Lydia)
January 13, 2021 Opinion or Order Filing 19 STATUS REPORT by Oscar J. Chapman, IV (Kincaid, Rachel)
January 8, 2021 Opinion or Order Filing 18 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Mt. Olive Correctional Complex, re: #4 Complaint. Mt. Olive Correctional Complex served on 1/7/2021, answer due 1/28/2021. Person Served: Patricia Rhodes Superintendent Assistant. (tmr) (Modified on 1/25/2021 to replace image with corrected date stamp) (ts).
December 30, 2020 Opinion or Order CASE no longer referred to Magistrate Judge Omar J. Aboulhosn for proposed findings of fact and conclusions of law pursuant to #17 Order. (ts)
December 30, 2020 Opinion or Order Filing 17 ORDER directing that the referral to Magistrate Judge Omar J. Aboulhosn be amended for discovery purposes only. Signed by Judge Irene C. Berger on 12/30/2020. (cc: counsel of record; any unrepresented party, Magistrate Judge Aboulhosn) (lca)
December 18, 2020 Opinion or Order Filing 16 NOTICE OF APPEARANCE by Rachel Kincaid on behalf of Oscar J. Chapman, IV. (Kincaid, Rachel)
December 18, 2020 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Lydia C. Milnes on behalf of Oscar J. Chapman, IV. (Milnes, Lydia)
December 18, 2020 Opinion or Order Filing 14 SUMMONS RETURNED UNEXECUTED BY U. S. MARSHAL as to Officer Smith re: #4 Complaint. Returned unexecuted on 12/17/2020. (lca)
December 18, 2020 Opinion or Order Filing 13 SUMMONS RETURNED UNEXECUTED BY U. S. MARSHAL as to Dr. Lyle re: #4 Complaint. Returned unexecuted on 12/17/2020. (lca)
December 18, 2020 Opinion or Order Filing 12 SUMMONS RETURNED UNEXECUTED BY U. S. MARSHAL as to Officer Thomas re: #4 Complaint. Returned unexecuted on 12/17/2020. (lca)
December 10, 2020 Opinion or Order Filing 11 SUMMONS ISSUED by the Clerk via U.S. Marshals Service on behalf of Oscar J. Chapman, IV for Dr. Lyle, Mt. Olive Correctional Complex, Officer Smith, Officer Thomas, re: #4 Complaint, returnable 21 days. (Attachment: #1 USM Forms) (kew)
December 10, 2020 Opinion or Order Filing 10 ORDER granting #1 and #9 Applications to Proceed Without Prepayment of Fees or Costs; Plaintiff is directed to pay the full amount of the filing fee of $350.00 by payments sent to the Clerk of the Court by the prison where 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; North Central Regional Jail is requested to forward payments from Plaintiff's account to the clerk of the court each time the amount in the account exceeds $10 until the filing fee is paid; if Plaintiff obtains a recovery in this action, it shall be paid to the Clerk of the Court who shall pay therefrom all unpaid costs taxed against Plaintiff; the Clerk is directed to issue process in this case by preparing and serving a Summons and a copy of Plaintiff's #4 Complaint upon the Defendants. Signed by Magistrate Judge Omar J. Aboulhosn on 12/10/2020. (cc: Plaintiff; counsel of record; accounts officer at the North Central Regional Jail) (kew)
December 8, 2020 Opinion or Order Filing 9 SUPPLEMENTAL APPLICATION by Oscar J. Chapman, IV to Proceed without Prepayment of Fees or Costs. Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
December 3, 2020 Opinion or Order Filing 8 ORDER granting Plaintiff's #7 LETTER-FORM MOTION for Extension of Time to File Application to Proceed Without Prepayment of Fees or Costs. Plaintiff shall have until 1/4/2021 to complete the Application. Signed by Magistrate Judge Omar J. Aboulhosn on 12/3/2020. (cc: Plaintiff, pro se) (arb)
December 2, 2020 Opinion or Order Filing 7 LETTER-FORM MOTION by Oscar J. Chapman, IV to Extend Time to File Application to Proceed In Forma Pauperis. Motion referred to Magistrate Judge Omar J. Aboulhosn. (lca)
November 5, 2020 Opinion or Order Filing 6 ORDER directing Plaintiff's #1 Application to Proceed Without Prepayment of Fees and Costs be returned to Plaintiff, that Plaintiff submit a complete Application to Proceed Without Prepayment of Fees and Costs including all information contained in the Certificate portion of the Application, and return such to the Court by 12/1/2020 or pay the $400 filing fee. Signed by Magistrate Judge Omar J. Aboulhosn on 11/5/2020. (cc: Plaintiff, pro se) (mk)
November 4, 2020 Opinion or Order Filing 5 ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Proposed Findings & Recommendations. (cc: attys; any unrepresented party) (klc)
November 3, 2020 Opinion or Order CASE assigned to Judge Irene C. Berger. (klc)
November 3, 2020 Opinion or Order Filing 4 COMPLAINT. (lca) (page 4 of complaint has bleed through from other side of page) (ts)
November 3, 2020 Opinion or Order Filing 3 CONSENT TO COLLECTION OF FEES FROM TRUST ACCOUNT by Oscar J. Chapman, IV. (Attachment: #1 Prisoner Trust Account Report) (lca)
November 3, 2020 Opinion or Order Filing 2 AUTHORIZATION TO RELEASE INSTITUTIONAL ACCOUNT INFORMATION by Oscar J. Chapman, IV. (Attachment: #1 Average Resident Balance Statement) (lca)
November 3, 2020 Opinion or Order Filing 1 APPLICATION by Oscar J. Chapman, IV to Proceed without Prepayment of Fees and Costs. (lca)

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Search for this case: Chapman v. Mt. Olive Correctional Complex et al
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Defendant: Dr. Lyle
Represented By: Adam K. Strider
Represented By: Jordan K. Herrick
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Defendant: Officer Smith
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Defendant: Officer Thomas
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Defendant: Mt. Olive Correctional Complex
Represented By: John P. Fuller
Represented By: Samuel M. Bloom
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Defendant: 3 unnamed Officers
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Plaintiff: Oscar J. Chapman, IV
Represented By: Rachel Kincaid
Represented By: Lydia C. Milnes
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