Whaling v. State of WV
Plaintiff: Andrew Cole Whaling
Defendant: Jim Justice, State of West Virginia, Patrick Morrisey, Harley Stollings and Jack Alsop
Case Number: 2:2023cv00568
Filed: August 23, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Joseph R Goodwin
Referring Judge: Dwane L Tinsley
Nature of Suit: Civil Rights: Other
Cause of Action: 77 U.S.C. § 7777 Civil Shell Case Opening
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 10, 2023 Opinion or Order Filing 26 REPLY by Patrick Morrisey to #20 Response In Opposition. (David, Caleb) (Modified on 10/11/2023 to remove link to #21 memorandum in support) (kew).
October 2, 2023 Opinion or Order Filing 25 MEMORANDUM OF LAW by Andrew Cole Whaling in support of #24 Response. (lca)
October 2, 2023 Opinion or Order Filing 24 RESPONSE by Andrew Cole Whaling in support of #13 MOTION by Jack Alsop, Harley Stollings to Dismiss #1 Complaint. (lca)
October 2, 2023 Opinion or Order Filing 23 MEMORANDUM OF LAW by Andrew Cole Whaling in support of #22 Response. (lca)
October 2, 2023 Opinion or Order Filing 22 RESPONSE by Andrew Cole Whaling in opposition to #17 MOTION by Jim Justice, State of West Virginia to Dismiss #1 Complaint. (lca)
October 2, 2023 Opinion or Order Filing 21 MEMORANDUM OF LAW by Andrew Cole Whaling in support of #20 Response. (lca)
October 2, 2023 Opinion or Order Filing 20 RESPONSE by Andrew Cole Whaling in opposition to #15 MOTION by Patrick Morrisey to Dismiss #1 Complaint. (lca)
September 19, 2023 Opinion or Order Filing 19 ORDER re: #13 MOTION by Jack Alsop, Harley Stollings to Dismiss #1 Complaint, #17 MOTION by Jim Justice, State of West Virginia to Dismiss With Prejudice, and #15 MOTION by Patrick Morrisey, State of West Virginia to Dismiss With Prejudice; responses are due by 10/19/2023 and replies due by 11/2/2023; Plaintiff is directed to review this Courts Pro Se Handbook, including Section 9 regarding Motions, and the Courts Local Rules of Civil Procedure, including Local Rule 7.1,2 prior to filing any responses. Signed by Magistrate Judge Dwane L. Tinsley on 9/19/2023. (cc: counsel of record; any unrepresented party) (lca)
September 18, 2023 Opinion or Order Filing 18 MEMORANDUM OF LAW by Jim Justice, State of West Virginia in support of #17 MOTION by Jim Justice, State of West Virginia to Dismiss #1 Complaint. (Rittenhouse, Tyler) (Modified on 9/20/2023 to remove link to #1 complaint) (kew).
September 18, 2023 Opinion or Order Filing 17 MOTION by Jim Justice, State of West Virginia to Dismiss #1 Complaint. Motion referred to Magistrate Judge Dwane L. Tinsley. (Rittenhouse, Tyler)
September 18, 2023 Opinion or Order Filing 16 MEMORANDUM OF LAW by Patrick Morrisey in support of #15 MOTION by Patrick Morrisey to Dismiss #1 Complaint. (Rittenhouse, Tyler) (Modified on 9/20/2023 to remove link to #1 complaint and to remove party filer) (kew).
September 18, 2023 Opinion or Order Filing 15 MOTION by Patrick Morrisey to Dismiss #1 Complaint. Motion referred to Magistrate Judge Dwane L. Tinsley. (Rittenhouse, Tyler) (Modified on 9/20/2023 to remove party filer) (kew).
September 18, 2023 Opinion or Order Filing 14 MEMORANDUM OF LAW by Jack Alsop, Harley Stollings in support of #1 Complaint, #13 MOTION by Jack Alsop, Harley Stollings to Dismiss #1 Complaint. (Rittenhouse, Tyler)
September 18, 2023 Opinion or Order Filing 13 MOTION by Jack Alsop, Harley Stollings to Dismiss #1 Complaint. Motion referred to Magistrate Judge Dwane L. Tinsley. (Rittenhouse, Tyler)
September 5, 2023 Opinion or Order Filing 12 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 8/28/2023 as to State of West Virginia. Certified Mail Number: 92148901125134100003829878. (jsa)
September 1, 2023 Opinion or Order Filing 11 SUMMONS RETURNED EXECUTED by Personal Service for service re: #5 Summons upon Jack Alsop. Jack Alsop served on 8/29/2023, answer due 9/19/2023. (Attachment: #1 Envelope) (jsa) (Modified on 9/6/2023 to add link to #5 summons) (mk).
September 1, 2023 Opinion or Order Filing 10 SUMMONS RETURNED EXECUTED by Personal Service for service re: #5 Summons upon Patrick Morrisey. Patrick Morrisey served on 8/28/2023, answer due 9/18/2023. Summons served on Curtis Capehart, Det. Attorney Gen. (Attachment: #1 Envelope) (jsa) (Modified on 9/6/2023 to add link to #5 summons) (mk).
September 1, 2023 Opinion or Order Filing 9 SUMMONS RETURNED EXECUTED by Personal Service for service re: #5 Summons upon Harley Stollings. Harley Stollings served on 8/28/2023, answer due 9/18/2023. Summons served on Alice Bennett. (Attachment: #1 Envelope) (jsa) (Modified on 9/6/2023 to add link to #5 summons) (mk).
September 1, 2023 Opinion or Order Filing 8 SUMMONS RETURNED EXECUTED by Personal Service for service re: #5 Summons upon State of West Virginia. State of West Virginia served on 8/28/2023, answer due 9/18/2023. Summons served on Christopher Alder. (Attachment: #1 Envelope) (jsa) (Modified on 9/6/2023 to add link to #5 summons) (mk).
September 1, 2023 Opinion or Order Filing 7 SUMMONS RETURNED EXECUTED by Personal Service for service re: #5 Summons upon Jim Justice. Jim Justice served on 8/28/2023, answer due 9/18/2023. Summons served on Morrigan Switzer, Det. Gen. Cousel. (Attachment: #1 Envelope) (jsa) (Modified on 9/6/2023 to add link to #5 summons) (mk).
August 24, 2023 Opinion or Order Filing 4 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 8/24/2023 to remove incorrect image) (ts).
August 24, 2023 Opinion or Order 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)
August 24, 2023 Opinion or Order NOTICE OF DOCKET CORRECTION re: #4 Standing Order. ERROR: Incorrect image docketed. CORRECTION: Image removed. (ts)
August 23, 2023 Opinion or Order Filing 6 Filing Fee: $402.00, Receipt Number 2001578. (kew)
August 23, 2023 Opinion or Order Filing 5 SUMMONS ISSUED by the Clerk on behalf of Andrew Cole Whaling for Jack Alsop, Jim Justice, Patrick Morrisey, State of West Virginia, Harley Stollings, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy for each defendant returned to plaintiff for service. (ts)
August 23, 2023 Opinion or Order Filing 2 MOTION by Andrew Cole Whaling for Emergency Hearing. (tmr) (Modified on 8/24/2023 to correct filing date) (ts).
August 23, 2023 Opinion or Order Filing 1 COMPLAINT. (Attachment: #1 Civil Cover Sheet) (tmr) (Modified on 8/24/2023 to remove attachment #2) (ts).
August 23, 2023 Opinion or Order CASE assigned to Judge Joseph R. Goodwin. (klc)

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Plaintiff: Andrew Cole Whaling
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Defendant: Jim Justice
Represented By: Caleb B. David
Represented By: Tyler Rittenhouse
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Defendant: State of West Virginia
Represented By: Tyler Rittenhouse
Represented By: Caleb B. David
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Defendant: Patrick Morrisey
Represented By: Caleb B. David
Represented By: Tyler Rittenhouse
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Defendant: Harley Stollings
Represented By: Caleb B. David
Represented By: Tyler Rittenhouse
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Defendant: Jack Alsop
Represented By: Caleb B. David
Represented By: Tyler Rittenhouse
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