Genet v. Western Regional Jail et al
Plaintiff: Zachary Whitmore and Joseph Genet
Defendant: Corporal Eirwin, C.O. Indicott, Captain Aldrage, C.O. Napper, C.O. Guice, Western Regional Jail, Sgt. Franklin, Corporal Yourk, C.O. Theuithen, C.O. Paul and C.O. Hughs
Case Number: 3:2018cv01471
Filed: January 16, 2019
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Referring Judge: Cheryl A Eifert
Nature of Suit: Prisoner - (Prison Condition)
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 25, 2019 Filing 22 RESPONSE by Joseph Genet in opposition to Defendants' Supplemental Motion to Dismiss #3 Complaint. (jsa)
January 16, 2019 Filing 21 SUMMONS ISSUED by the Clerk on behalf of Joseph Genet for C.O. Hughs, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
January 16, 2019 Filing 20 SUMMONS ISSUED by the Clerk on behalf of Joseph Genet for C.O. Paul, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
January 16, 2019 Filing 19 SUMMONS ISSUED by the Clerk on behalf of Joseph Genet for C.O. Theuithen, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
January 16, 2019 Filing 18 SUMMONS ISSUED by the Clerk on behalf of Joseph Genet for C.O. Indicott, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
January 16, 2019 Filing 17 SUMMONS ISSUED by the Clerk on behalf of Joseph Genet for C.O. Napper, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
January 16, 2019 Filing 16 SUMMONS ISSUED by the Clerk on behalf of Joseph Genet for C.O. Guice, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
January 16, 2019 Filing 15 SUMMONS ISSUED by the Clerk on behalf of Joseph Genet for Corporal Yourk, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
January 16, 2019 Filing 14 SUMMONS ISSUED by the Clerk on behalf of Joseph Genet for Sgt. Franklin, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
January 16, 2019 Filing 13 SUMMONS ISSUED by the Clerk on behalf of Joseph Genet for Corporal Eirwin, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
January 16, 2019 Filing 12 SUMMONS ISSUED by the Clerk on behalf of Joseph Genet for Captain Aldrage, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
January 16, 2019 Filing 11 SUMMONS ISSUED by the Clerk on behalf of Joseph Genet for Western Regional Jail, re: #3 Complaint, returnable 21 days. Original Summons and 2 copies forwarded to United States Marshal Service for service. (hkl)
January 16, 2019 Opinion or Order Filing 10 ORDER granting Plaintiff's #1 APPLICATION to Proceed Without Prepayment of Fees or Costs; directing that Plaintiff make monthly payments beginning on 3/5/2019 as more fully set forth herein; directing that the recovery, if any, obtained in this action shall be paid to the Clerk of Court who shall collect therefrom all unpaid fees and costs taxed against Plaintiff and shall pay the balance, if any, to the Plaintiff; directing the Clerk of Court to issue a summons for each of the named defendants; further directing the United States Marshals Service to serve a summons and complaint on each defendant, or his/her designated agent for service. Signed by Magistrate Judge Cheryl A. Eifert on 1/16/2019. (cc: Plaintiff; USM; Superintendent of the Mount Olive Correctional Complex) (hkl)
January 15, 2019 Filing 9 RESPONSE by Joseph Genet in opposition to Defendant's Motion to Dismiss #3 Complaint. (mkw)
January 9, 2019 Filing 8 LETTER to Joseph Cody Genet, from Rory L. Perry II dated 1/9/2019, re: #7 letter regarding change of address and request for documents. (brn)
January 4, 2019 Filing 7 LETTER to Clerk, USDC/SDWV, from Joseph Cody Genet dated 1/2/2019, re: change of address and request for documents. (jsa)
January 3, 2019 Filing 6 LETTER to Clerk, USDC/SDWV, from Joseph Cody Genet dated 12/28/2018, re: change of address and request for documents. (jsa)
November 30, 2018 Opinion or Order Filing 5 MEMORANDUM OPINION and ORDER directing the Clerk to open a new civil action for Zachary Whitmore, listing the same defendants as those named herein; once the new civil action is open, Zachary Whitmore shall be terminated as a party in this action, and this civil action shall pertain only to Plaintiff Joseph Genet. Signed by Magistrate Judge Cheryl A. Eifert on 11/30/2018. (cc: Plaintiffs) (jsa)
November 28, 2018 CASE assigned to Judge Robert C. Chambers. (klc)
November 28, 2018 Filing 4 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 Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (hkl)
November 28, 2018 Filing 3 COMPLAINT. (Attachment: #1 Envelope) (hkl)
November 28, 2018 Filing 2 APPLICATION by Zachary Whitmore to Proceed without Prepayment of Fees or Costs. (Attachment: #1 Average Resident Balance Statement) (hkl)
November 28, 2018 Filing 1 APPLICATION by Joseph Genet to Proceed without Prepayment of Fees or Costs. (Attachments: #1 Resident Transaction Details) (hkl)

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Defendant: Corporal Eirwin
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Defendant: C.O. Indicott
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Defendant: Captain Aldrage
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Defendant: C.O. Napper
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Defendant: C.O. Guice
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Defendant: Western Regional Jail
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Defendant: Sgt. Franklin
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Defendant: Corporal Yourk
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Defendant: C.O. Theuithen
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Defendant: C.O. Paul
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Defendant: C.O. Hughs
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Plaintiff: Zachary Whitmore
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Plaintiff: Joseph Genet
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