Brooks v. Graziani
| Vernon L. Brooks |
| Stephen P. Graziani |
| 2:2022cv00353 |
| September 15, 2022 |
| US District Court for the Southern District of West Virginia |
| Thomas E Johnston |
| Dwane L Tinsley |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1331 Fed. Question: Medical Malpractice |
| Plaintiff |
Docket Report
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Filing 16
ORDER For reasons appearing to the Court, a Status Conference is SCHEDULED for this matter on 11/22/2022 at 11:30 AM in Charleston before Magistrate Judge Dwane L. Tinsley. Signed by Magistrate Judge Dwane L. Tinsley on 11/8/2022. (cc: Plaintiff and counsel of record) (arb)
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Filing 15
REPLY by Stephen P. Graziani to #10 Response In Opposition. (Ford, Joseph) (Modified on 11/2/2022 to correct link) (kew).
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Filing 14
EXHIBITS A-F and L by Vernon L. Brooks in support of #2 Complaint, #10 Response In Opposition. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit L (Thumb Drive - Maintained in Clerk's Office) (ts)
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Filing 13
MEMORANDUM OF LAW by Stephen P. Graziani in support of #12 SUPPLEMENTAL MOTION by Stephen P. Graziani to Dismiss #2 Complaint. (Ford, Joseph)
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Filing 12
SUPPLEMENTAL MOTION by Stephen P. Graziani to Dismiss #2 Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) Motion referred to Magistrate Judge Dwane L. Tinsley. (Ford, Joseph) (Modified on 10/12/2022 to correct link) (kew).
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Filing 11
NOTICE OF APPEARANCE by Joseph A. Ford on behalf of Stephen P. Graziani. (Ford, Joseph)
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Filing 10
RESPONSE by Vernon L. Brooks in opposition to #7 LETTER-FORM MOTION by Stephen P. Graziani to Dismiss With Prejudice re: #2 Complaint. (lca)
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Filing 9
CERTIFICATE OF SERVICE by Stephen P. Graziani for Motion to Dismiss to Plaintiff. (kew)
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Filing 8
ORDER directing Defendant to serve a copy of his 9/23/2022 filings (Doc. Nos. 7, 7-1) to Plaintiff's address by 10/3/2022; Defendant is directed to sign and file a Certificate of Service, in compliance with Local Rule 83.5, confirming the date of service; the parties are instructed to serve one another with a copy of any and all future filings with a Certificate of Service confirming the date of service; Defendant is to supplement his motion to dismiss by filing and serving a memorandum of law by 10/11/2022; Plaintiff's response to Defendant's motion is due by 10/25/2022; Defendant's reply to the response is due by 11/1/2022; the Clerk is directed to mail the parties a copy of the docket sheet. Signed by Magistrate Judge Dwane L. Tinsley on 9/26/2022. (cc: pro se parties) (kew)
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Filing 7
LETTER-FORM MOTION by Stephen P. Graziani to Dismiss With Prejudice the #2 Complaint. (Attachments: #1 Ex. 1, #2 Envelope) Motion referred to Magistrate Judge Dwane L. Tinsley. (lca)
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Filing 6
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Stephen P. Graziani, re: #2 Complaint. Stephen P. Graziani served on 9/20/2022, answer due 10/11/2022. Person Served: Stephen P. Graziani, DDS. (mfo)
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Filing 5
SUMMONS ISSUED by the Clerk on behalf of Vernon L. Brooks for Stephen P. Graziani re: #2 Complaint, returnable 21 days. Original Summons and 1 copy delivered to USM for service. (Attachment: #1 Form USM-285) (arb)
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Filing 4
ORDER AND NOTICE GRANTING IN FORMA PAUPERIS The #1 APPLICATION by Vernon L. Brooks to Proceed Without Prepayment of Fees and Costs is GRANTED. The Clerk of the Court shall issue the summons. The United States Marshals Service shall serve the summons and complaint on defendant and shall promptly file the proof of service with the Clerk. The recovery, if any, obtained in this action shall be paid to the Clerk of the Court, who shall collect therefrom all unpaid costs taxed against Plaintiff and pay the balance to the Plaintiff and his attorney, if any. Signed by Magistrate Judge Dwane L. Tinsley on 9/15/2022. (cc: Plaintiff, USM) (arb)
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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) (ts)
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Filing 2
COMPLAINT. (Attachment: #1 Civil Cover Sheet) (mfo)
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Filing 1
APPLICATION by Vernon L. Brooks to Proceed without Prepayment of Fees or Costs. (mfo)
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CASE assigned to Chief Judge Thomas E. Johnston. (ts)
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| Plaintiff: Vernon L. Brooks | |
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| Defendant: Stephen P. Graziani | |
| Represented By: | Joseph A. Ford |
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