Wilson v. United States et al
| Tammy Sherrell Wilson |
| United States, West Virginia Division of Corrections and Wexford Medical and Administration/staff at fault |
| 3:2018cv00890 |
| May 3, 2018 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Mason |
| Robert C. Chambers |
| Cheryl A. Eifert |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
232
MEMORANDUM OPINION AND ORDER accepting and incorporating the 231 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying Plaintiff's 198 MOTION for Summary Judgment; granting the 201 , 203 , and 205 MOTIONS for Summary Judgment of Wexford, Beegle, and the DCR defendants; granting the dismissal of defendant Candy Davis, who was never properly served with process; dismissing the 3 Complaint and its amendments, with prejudice; and removing this case from the docket of the Court. Signed by Judge Robert C. Chambers on 1/26/2021. (cc: counsel of record; any unrepresented parties) (jsa)
|
|
Filing
229
MEMORANDUM OPINION and ORDER SEALING DOCUMENT granting Defendants' 228 MOTION to File Supplemental Disclosure Under Seal; directing that the exhibits attached to the motion be filed as SEALED. Signed by Magistrate Judge Cheryl A. Eifert on 12/18/2020. (cc: plaintiff; counsel of record) (jsa)
|
|
Filing
212
MEMORANDUM OPINION AND ORDER SEALING EXHIBITS granting Defendants Beegle and Wexford Medical's 199 MOTION to File Various Exhibits Under Seal; directing the Clerk to seal the following documents: Exhibits 4-17 attached to Defendant Beegle' ;s 203 MOTION for Summary Judgment and Exhibits 5-13 attached to Defendant Wexford Medical's 201 MOTION for Summary Judgment; directing Defendants Beegle and Wexford to provide the Clerk of Court with the exhibits within ten (10) days of the date of this Order, so that the exhibits can be made part of the official record and sealed; Defendants shall also promptly provide the exhibits to the parties in this case, to the extent the records have not already been produced to them; further d irecting the parties to keep the records confidential, although information taken from the records may be used as needed to support or oppose a motion for summary judgment. Signed by Magistrate Judge Cheryl A. Eifert on 8/18/2020. (cc: Plaintiff, counsel of record, any unrepresented party) (jsa)
|
|
Filing
179
MEMORANDUM OPINION AND ORDER accepting and incorporating the 151 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying as moot defendant Lori Nohe's 114 Motion to Dismiss. Signed by Judge Robert C. Chambers on 4/29/2020. (cc: counsel of record; any unrepresented parties) (hkl)
|
|
Filing
145
MEMORANDUM OPINION and ORDER denying Defendants Nohe, Sallaz, Birdsong, Spencer, and Ball's 142 MOTION to Stay. Signed by Magistrate Judge Cheryl A. Eifert on 2/26/2020. (cc: Plaintiff; counsel of record; counsel for the DCR) (jsa)
|
|
Filing
133
MEMORANDUM OPINION and ORDER denying Plaintiff's 105 and 127 MOTIONS for the Appointment of Counsel; granting in part and denying in part Plaintiff's 95 and 106 MOTIONS to Compel; directing the West Virginia Division of Correction s and Rehabilitation to produce the information referenced herein within fourteen days of the entry of this Order; however, as the DCR does not have the 2010 civil rights complaint, Plaintiff's motion to compel that document is denied. Signed by Magistrate Judge Cheryl A. Eifert on 2/12/2020. (cc: Plaintiff; counsel of record; any unrepresented party; Philip B. Sword) (jsa)
|
|
Filing
97
MEMORANDUM OPINION AND ORDER accepting and incorporating the 84 PROPOSED FINDINGS AND RECOMMENDATIONS by Magistrate Judge Eifert; denying Plaintiff's 68 MOTION for Leave to Amend the Complaint to the extent that it seeks the joinder of propo sed defendants Sherry Clatworthy, Paul Stump, Julie Price, Nurse Practitioner Amanda Ford, Dr. Sherri Johnson, and the John Doe and Jane Doe defendants; Plaintiff shall have fourteen days to name the individuals she has designated as Jane Does and John Does. Signed by Judge Robert C. Chambers on 9/11/2019. (cc: counsel of record; any unrepresented parties) (jsa)
|
|
Filing
93
MEMORANDUM OPINION AND ORDER adopting and incorporating the 78 Proposed Findings and Recommendations by Magistrate Judge Eifert; dismissing the United States with prejudice; granting Defendant West Virginia Division of Corrections and Rehabilitatio n's 27 Motion for Judgment on the Pleadings; dismissing DCR with prejudice; and denying Defendant Wexford Health Services, Inc.'s 36 Motion to Dismiss. Signed by Judge Robert C. Chambers on 9/5/2019. (cc: counsel of record; any unrepresented parties) (jsa)
|
|
Filing
83
MEMORANDUM OPINION AND ORDER granting in part Plaintiff's 68 MOTION to Amend and Join Additional Parties; directing that Warden Lori Nohe is joined as a defendant in her personal capacity; the Acting Warden of Lakin Correctional Center, J. D. Sallaz, is joined as a defendant in his official capacity for prospective relief; Susan Birdsong is joined as a defendant in both her personal and official capacities; Correctional Officer Cheryl Spencer is joined as a defendant in her personal capac ity; Nathan Ball is joined as a defendant in both his personal and official capacities; Betsy Jividen, the Commissioner of the DCR, is joined as a defendant in her official capacity; Candy Davis, Aramark's supervisor, is joined as a defendant in her personal capacity; Plaintiff is given fourteen days from the receipt of this Order to provide a specific factual basis for joining as defendants John Markley, T. J. Ryder, David Ballard, James Rubenstein, and Heidi Beegle, R.N.; directing the DC R within fourteen days of the date of this Order to provide the Clerk of Court, for service of process, with the last known addresses of the seven individuals joined as defendants; in the alternative, the DCR may accept service of process for the def endants, or provide the name and address of an agent for service of process; the Clerk shall issue summonses for the newly joined defendants (Nohe, Sallaz, Birdsong, Spencer, Ball, Jividen, and Davis) and provide the summonses and copies of the 3 , 6 , 7 , 8 , 9 15 , 18 , 26 , 68 complaint to the United States Marshals Service; the Marshals Service shall effect service of process pursuant to Rule 4 of the Federal Rules of Civil Procedure and promptly file the returns with the Clerk; instructing the Clerk to redact the addresses prior to publishing the returns on the docket. Signed by Magistrate Judge Cheryl A. Eifert on 8/19/2019. (cc: Plaintiff; counsel of record; any unrepresented party) (jsa)
|
|
Filing
60
ORDER granting Plaintiff's 56 MOTION to Extend Time to File Amended Complaint; Plaintiff shall have through and including 7/5/2019 in which to file her amended complaint; sustaining in part and overruling in part West Virginia Division of Corr ections' 52 Objections to Plaintiff's Request for Documents; granting in part and denying in part Plaintiff's 57 MOTION to Compel; directing the DOC to provide to Plaintiff the documents and information described herein by the specified dates. Signed by Magistrate Judge Cheryl A. Eifert on 6/12/2019. (cc: Plaintiff; counsel of record) (jsa)
|
|
Filing
51
MEMORANDUM OPINION and ORDER denying Plaintiff's 22 Motion to Appoint Counsel, a Private Investigator, and/or Guardian ad litem; 25 Supplemental Motion For Appointment of Counsel; and 34 Supplemental Motion for the Appointment of Counsel--Information in Support. Signed by Magistrate Judge Cheryl A. Eifert on 4/17/2019. (cc: Plaintiff; counsel of record; any unrepresented party) (jsa)
|
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.
