Gibbs v. Wexford Health Sources Incorporated
Plaintiff: Antwyn Gibbs
Defendant: Wexford Health Sources Incorporated, Wexford Medical Health Sources Inc. and Wexford Health Sources Inc.
Case Number: 2:2020cv00867
Filed: February 3, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Cheryl A Eifert
Referring Judge: Joseph R Goodwin
Nature of Suit: Prisoner - (Prison Condition)
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 2, 2021 Opinion or Order Filing 27 LETTER to Antwyn Gibbs, from Rory L. Perry II dated 4/2/2021, re: request for update on service. (klc)
March 31, 2021 Opinion or Order Filing 26 MOTION by Antwyn Gibbs to Add to Case re: #1 Complaint and Request for update on service. (Attachments: #1 Attachments, #2 Envelope) Motion referred to Magistrate Judge Cheryl A. Eifert. (kew)
March 26, 2021 Opinion or Order Filing 25 ORDER directing Plaintiff to file a response to Defendant Wexford Health Sources, Inc.'s #22 MOTION to Dismiss by 4/20/2021. Following service of Plaintiff's response, Defendant shall have 10 days within which to file a reply. Signed by Magistrate Judge Cheryl A. Eifert on 3/26/2021. (cc: Plaintiff; counsel of record) (arb)
March 25, 2021 Opinion or Order Filing 24 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Wexford Health Sources Inc. (Herrick, Jordan)
March 25, 2021 Opinion or Order Filing 23 MEMORANDUM OF LAW by Wexford Health Sources Inc. in support of #22 MOTION by Wexford Health Sources Inc. to Dismiss With Prejudice #1 Complaint. (Herrick, Jordan)
March 25, 2021 Opinion or Order Filing 22 MOTION by Wexford Health Sources Inc. to Dismiss With Prejudice #1 Complaint. Motion referred to Magistrate Judge Cheryl A. Eifert.(Herrick, Jordan) (Modified on 3/26/2021 to add link to #1 complaint) (ts).
March 24, 2021 Opinion or Order Filing 21 MOTION by Antwyn Gibbs to Add to Case re: #1 Complaint. Motion referred to Magistrate Judge Cheryl A. Eifert. (kew)
March 15, 2021 Opinion or Order Filing 20 MOTION by Antwyn Gibbs for Grievance. (Attachment: #1 Attachment) Motion referred to Magistrate Judge Cheryl A. Eifert. (kew)
March 15, 2021 Opinion or Order Filing 19 MOTION by Antwyn Gibbs for Status of Service. Motion referred to Magistrate Judge Cheryl A. Eifert. (ts)
March 5, 2021 Opinion or Order Filing 18 MEMORANDUM OPINION and ORDER denying Plaintiff's #16 MOTION for Default Judgment as premature and denying Plaintiff's #17 MOTION for Appointment of Counsel. Signed by Magistrate Judge Cheryl A. Eifert on 3/5/2021. (cc: Plaintiff; any unrepresented party) (mk)
March 4, 2021 Opinion or Order Filing 17 MOTION by Antwyn Gibbs for Appointment of Counsel. Motion referred to Magistrate Judge Cheryl A. Eifert. (kew)
March 4, 2021 Opinion or Order Filing 16 MOTION by Antwyn Gibbs for Default Judgment. Motion referred to Magistrate Judge Cheryl A. Eifert. (kew)
February 22, 2021 Opinion or Order Filing 15 MOTION by Antwyn Gibbs for Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order. Motion referred to Magistrate Judge Cheryl A. Eifert. (ts)
February 18, 2021 Opinion or Order Filing 14 MOTION by Antwyn Gibbs for Temporary Restraining Order. Motion referred to Magistrate Judge Cheryl A. Eifert. (lca)
February 4, 2021 Opinion or Order Filing 13 SUMMONSES ISSUED by the Clerk on behalf of Antwyn Gibbs for Wexford Health Sources Inc., Wexford Medical Health Sources Inc., re: #1 Complaint and Amended Complaint at ECF #6 , returnable 21 days. Original Summons and 1 copy delivered to USM for service. (Attachments: #1 Summons-Wexford Medical Health Sources Inc., #2 USM-285-Wexford Health Sources Inc, #3 USM-285-Wexford Medical Health Sources Inc) (mk) (Modified on 2/4/21 to flatten Attachment 1) (mk)
February 4, 2021 Opinion or Order NOTICE OF DOCKET CORRECTION re: #13 Summonses Issued by the Clerk on behalf of Antwyn Gibbs for Wexford Health Sources Inc., Wexford Medical Health Sources Inc., re: #1 Complaint and Amended Complaint at ECF #6 , returnable 21 days. ERROR: Attachment 1 not flattened. CORRECTION: Flattened and replaced image of Attachment 1. (mk)
February 3, 2021 Opinion or Order Filing 12 ORDER granting Plaintiff's #7 , #11 APPLICATIONS to Proceed Without Prepayment of Fees and Costs; directing Plaintiff to make a $3.00 initial partial filing fee by 3/15/2021; thereafter monthly payments shall begin on 5/5/2021 and be due by the fifth of each month, until the full filing fee of $350.00 has been paid; directing the Clerk to issue a summons for the named defendants and the United States Marshals Service to serve a summons and complaint on each defendant, or its designated agent for service. Signed by Magistrate Judge Cheryl A. Eifert on 2/3/2021. (cc: Plaintiff; USM; Warden, Mount Olive Correctional Complex) (arb)
February 1, 2021 Opinion or Order Filing 11 APPLICATION by Antwyn Gibbs to Proceed without Prepayment of Fees or Costs. Motion referred to Magistrate Judge Cheryl A. Eifert. (lca)
January 19, 2021 Opinion or Order Filing 10 ORDER denying, as moot, #9 MOTION requesting court obtain plaintiff account information. Signed by Magistrate Judge Cheryl A. Eifert on 1/19/2021. (cc: Plaintiff) (klc)
January 19, 2021 Opinion or Order Filing 9 LETTER-FORM MOTION by Antwyn Gibbs requesting court obtain plaintiff account information. Motion referred to Magistrate Judge Cheryl A. Eifert. (ts)
January 19, 2021 Opinion or Order Filing 8 ORDER granting Plaintiff's #6 MOTION to Amend Complaint; directing Plaintiff to renew his request to the institution for the certificate (re: #7 Application to Proceed Without Prepayment of Fees and Costs) and file a grievance if necessary; directing Plaintiff to notify the Court if the certificate is not returned to Plaintiff by the institution by 1/29/2021. Signed by Magistrate Judge Cheryl A. Eifert on 1/19/2021. (cc: Plaintiff; Warden, Mount Olive Correctional Complex) (slr)
January 14, 2021 Opinion or Order Filing 7 APPLICATION by Antwyn Gibbs to Proceed without Prepayment of Fees or Costs. Motion referred to Magistrate Judge Cheryl A. Eifert. (lca)
January 14, 2021 Opinion or Order Filing 6 MOTION by Antwyn Gibbs to Amend Complaint and Proceed In Forma Pauperis. Motion referred to Magistrate Judge Cheryl A. Eifert. (lca)
January 5, 2021 Opinion or Order Filing 5 ORDER directing Plaintiff to pay the filing fee of $400 or submit a completed and signed Application to Proceed Without Prepayment of Fees and Costs; the Clerk is directed to send an Application to the Plaintiff for completion. Signed by Magistrate Judge Cheryl A. Eifert on 1/5/2021. (cc: Plaintiff) (kew)
January 5, 2021 Opinion or Order Filing 4 CLERK'S ORDER pursuant to #3 Order, the referral of this civil action for Findings of Fact and Recommendations for disposition is transferred from Magistrate Judge Dwane L. Tinsley to Magistrate Judge Cheryl A. Eifert. Signed by Clerk of Court Rory L. Perry II on 1/5/2021. (cc: Magistrate Judge Tinsley; Magistrate Judge Eifert; counsel of record; any unrepresented party) (klc)
January 5, 2021 Opinion or Order Filing 3 ORDER directing that this matter be transferred to Rory L. Perry II, Clerk of Court, for reassignment to another magistrate judge within this district. Signed by Magistrate Judge Dwane L. Tinsley on 1/5/2021. (cc: counsel of record; any unrepresented parties) (kew)
December 28, 2020 Opinion or Order Filing 2 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)
December 23, 2020 Opinion or Order CASE assigned to Judge Joseph R. Goodwin. (klc)
December 23, 2020 Opinion or Order Filing 1 COMPLAINT. (kew)

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Defendant: Wexford Health Sources Incorporated
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Defendant: Wexford Medical Health Sources Inc.
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Defendant: Wexford Health Sources Inc.
Represented By: Adam K. Strider
Represented By: Jordan K. Herrick
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Plaintiff: Antwyn Gibbs
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