Brejwo v. Kincaid
| Linda Brejwo |
| Yvonne Kincaid |
| 2:2023cv00121 |
| March 3, 2023 |
| US District Court for the Southern District of West Virginia |
| John T Copenhaver |
| Dwane L Tinsley |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Violation of First Amendment |
| None |
Docket Report
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Filing 12
ORDER withdrawing the undersigned's March 29, 2023 #6 Proposed Findings and Recommendation; granting the construed #10 MOTION by Yvonne Kincaid for Enlargement of Time; extending the deadline for Defendant to comply with the #5 Order to Show Cause to no later than 5:00 PM on 5/29/2023. Defendant is NOTIFIED that additional extensions of time will not be permitted absent a showing of good cause made prior to the expiration of the amended deadline set forth in this Order. Defendant is further NOTIFIED of her continuing obligation to notify the Court in writing immediately if any time her address changes. Finally, Defendant is further NOTIFIED that failure to comply with this Order in a timely manner will result in a renewed recommendation that this matter be remanded to the Circuit Court of Wood County, WV. Case is RE-REFERRED to Magistrate Judge Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. Signed by Magistrate Judge Dwane L. Tinsley on 4/12/2023. (cc: Plaintiff, pro se and Defendant, pro se) (arb)
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Filing 11
ORDER re: #10 MOTION by Yvonne Kincaid for Enlargement of Time; directing that the motion be filed and the Clerk is directed to refer the motion to Magistrate Tinsley. Signed by Senior Judge John T. Copenhaver, Jr. on 4/11/2023. (cc: counsel of record; any unrepresented parties) (lca)
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Filing 10
MOTION by Yvonne Kincaid for Enlargement of Time re: #5 Order to Show Cause (filed pursuant to #11 order). (lca) (Modified on 4/11/2023 to add link to #5 Order) (ts).
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MOTION REFERRED to Magistrate Judge Dwane L. Tinsley: #10 MOTION by Yvonne Kincaid for Enlargement of Time. (lca)
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Filing 6
WITHDRAWN PURSUANT TO #12 ORDER: PROPOSED FINDINGS AND RECOMMENDATION that this case be REMANDED to the Circuit Court of Wood County, West Virginia. This case no longer referred to Magistrate Judge Dwane L. Tinsley. If the PF&R was served electronically, Objections are due by 4/12/2023. If the PF&R was served by mail, Objections are due by 4/17/2023. Signed by Magistrate Judge Dwane L. Tinsley on 3/29/2023. (cc: counsel of record; any unrepresented party) (mk) (Modified on 3/29/2023 to flatten signature; image replaced) (mk). Modified on 4/12/2023 to note withdrawn. (arb).
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Filing 5
ORDER TO SHOW CAUSE directing that Defendant shall, no later than 3/20/2023, show cause as to why this action should not be remanded to the Circuit Court of Wood County for lack of subject-matter jurisdiction; to the extent she has not already done so, file a copy of the #2 Notice of Removal with the Clerk of Court for the Circuit Court of Wood County, West Virginia; serve a copy of the Notice of Removal upon all parties in this civil action; and pursuant to 28 U.S.C. 1447(a), file with the Clerk of Court for the United States District Court, Southern District of West Virginia, Charleston Division, a complete copy of all records of the proceedings before the State court as reflected on that court's docket sheet; Plaintiff Linda Brejwo may file a response by 3/31/2023, at which time the matter will be submitted to the undersigned. Signed by Magistrate Judge Dwane L. Tinsley on 3/6/2023. (cc: counsel of record; any unrepresented party) (btm)
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Filing 4
ORDER granting #1 Application to Proceed Without Prepayment of Fees and Costs. Signed by Magistrate Judge Dwane L. Tinsley on 3/3/2023. (cc: counsel of record; any unrepresented party) (mfo)
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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) (klc)
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CASE assigned to Senior Judge John T. Copenhaver, Jr. (klc)
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Filing 2
NOTICE OF REMOVAL by Yvonne Kincaid from Circuit Court of Wood County. (Attachment: #1 Envelope) (mfo)
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Filing 1
AFFIDAVIT by Yvonne Kincaid to Proceed without Prepayment of Fees or Costs. (mfo)
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