Folse v. McCuskey et al
| Jay Folse |
| John McCuskey, Jr. and G. Russell Rollyson, Jr. |
| 2:2023cv00561 |
| August 21, 2023 |
| US District Court for the Southern District of West Virginia |
| Irene C Berger |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 16
PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge Omar J. Aboulhosn recommending that the District Judge GRANT Defendants' #9 MOTION to Dismiss Plaintiff's #1 Complaint with prejudice, and remove this matter from the Court's docket. This case no longer referred to Magistrate Judge Omar J. Aboulhosn. If the PF&R was served electronically, Objections are due by 10/31/2023. If the PF&R was served by mail, Objections are due by 11/3/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 10/17/2023. (cc: pro se Plaintiff; counsel of record) (skm)
|
|
Filing 15
REPLY BRIEF by John McCuskey, Jr., G. Russell Rollyson, Jr. to #14 Opposition. (Nusbaum, Michael)
|
|
Filing 14
OPPOSITION by Jay Folse to #9 MOTION by John McCuskey, Jr., G. Russell Rollyson, Jr. to Dismiss #1 Complaint. (Attachment: #1 Envelope) (kew) (Modified on 10/6/2023 to add envelope) (kew).
|
|
Filing 13
ORDER directing that the Plaintiff shall file his response to the Defendants' #9 MOTION to Dismiss; that he personally sign same pursuant to Rule 11 of the Federal Rules of Civil Procedure; and that he file the appropriate Certificate of Service indicating that he properly served his response upon counsel for the Defendants as previously ordered by this Court no later than end of business (5:00 p.m.) on 10/10/2023; further NOTIFYING Plaintiff that failure to comply with this Order will result in the imposition of sanctions, and may further result in a recommendation to the presiding District Judge that this civil action be dismissed without prejudice. Signed by Magistrate Judge Omar J. Aboulhosn on 10/5/2023. (cc: Plaintiff; counsel of record) (jsa)
|
|
Filing 12
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 10/10/2023. Last day for Rule 26(f) meeting - 10/17/2023. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 10/24/2023. Scheduling Conference at 2:00 PM in Charleston, West Virginia on 11/16/2023, before the undersigned, unless cancelled. Entry of Scheduling Order - 11/27/2023. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 12/4/2023. Signed by Judge Irene C. Berger on 9/18/2023. (cc: counsel of record; any unrepresented party) (mfo)
|
|
Filing 11
ORDER directing that Plaintiff may file a Response to the #9 MOTION by John McCuskey, Jr., G. Russell Rollyson, Jr. to Dismiss With Prejudice on or before 10/02/2023; Following service of response to Defendants' Motion, if such is filed, Defendants will have seven (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 9/15/2023. (cc: Plaintiff, counsel of record) (msa)
|
|
Filing 10
MEMORANDUM OF LAW by John McCuskey, Jr., G. Russell Rollyson, Jr. in support of #9 MOTION by John McCuskey, Jr., G. Russell Rollyson, Jr. to Dismiss #1 Complaint. (Nusbaum, Michael) (Modified on 9/15/2023 to convert event to memorandum in support) (ts).
|
|
Filing 9
MOTION by John McCuskey, Jr., G. Russell Rollyson, Jr. to Dismiss #1 Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Nusbaum, Michael) (Modified on 9/15/2023 to add link to #1 complaint) (kew).
|
|
Filing 8
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for John McCuskey, Jr, re: #1 Complaint. John McCuskey, Jr served on 8/28/2023, answer due 9/18/2023. (lca)
|
|
Filing 7
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for G. Russell Rollyson, Jr, re: #1 Complaint. G. Russell Rollyson, Jr served on 8/28/2023, answer due 9/18/2023. (lca)
|
|
Filing 6
SUMMONS ISSUED by the Clerk via Certified Mail for John McCuskey, Jr. and G. Russell Rollyson, Jr, re: #1 Complaint, returnable 21 days. (Attachments: #1 Summons issued as to G. Russell Rollyson, #2 Certfied mail receipts) (lca) (Modified on 8/25/2023 to replace incorrect image with correct image for attachment 2) (lca).
|
|
NOTICE OF DOCKET CORRECTION re: #6 Summons Issued by the Clerk via Certified Mail. ERROR: Incorrect image for attachment 2. CORRECTION: Image replaced with correct attachment. (lca)
|
|
Filing 5
Filing Fee: $402.00, Receipt Number 2001580. (kew)
|
|
Filing 4
ORDER directing that the Plaintiff shall either pay the filing and administrative fee totaling $402 or file an Application to Proceed in Forma Pauperis by 9/5/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 8/22/2023. (cc: Plaintiff with attachment) (lca)
|
|
Filing 3
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)
|
|
Filing 2
LETTER to Clerk of Court, from Jay Folse re: requesting issuance of summons to McCuskey and Rollyson. (Attachments: #1 Proposed Summons for McCuskey, #2 Proposed Summons for Rollyson) (lca) (Modified on 8/25/2023 to update filing date) (ts).
|
|
Filing 1
COMPLAINT. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (lca) (Modified on 8/25/2023 to update filing date) (ts).
|
|
CASE assigned to Judge Irene C. Berger. (klc)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
