Salmons v. Western Regional Jail
| Jennifer Salmons |
| Western Regional Jail, Shannon Dillon, Kendra Richardson and Steven Young |
| 3:2018cv01475 |
| January 16, 2019 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Cheryl A Eifert |
| Prisoner - (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 3, 2020. A more recent docket listing may be available from PACER.
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Filing 52
TRANSMITTED CERTIFIED COPY of #51 Judgment Order to counsel of record; to Plaintiff via U.S. Mail. (jsa)
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Filing 51
JUDGMENT ORDER in accordance with the accompanying #50 Memorandum Opinion and Order; GRANTING Defendants Richardson, Dillon, and Young's #42 MOTION to Dismiss Complaint and Alternative Motion for Summary Judgment; DISMISSING Plaintiff's #17 Amended Complaint as to all Defendants, and REMOVING this matter from the Court's docket. Signed by Judge Robert C. Chambers on 6/3/2020. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 50
MEMORANDUM OPINION AND ORDER accepting and incorporating the #49 Proposed Findings and Recommendation by Magistrate Judge Aboulhosn; granting Defendants Richardson, Dillon, and Young's #42 MOTION to Dismiss Complaint and Alternative Motion for Summary Judgment; dismissing Plaintiff's #17 Amended Complaint as to all Defendants; and removing this matter from the Court's docket. Signed by Judge Robert C. Chambers on 6/3/2020. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 49
PROPOSED FINDINGS AND RECOMMENDATION recommending the the District Court grant Defendants Richardson, Dillon, and Young's #42 MOTION to Dismiss Complaint and Alternative Motion for Summary Judgment; dismiss Plaintiff's #17 Amended Complaint as to all Defendants; and remove this matter from the Court's docket. If the PF&R was served electronically, Objections are due by 5/14/2020. If the PF&R was served by mail, Objections are due by 5/18/2020. This case no longer referred to Magistrate Judge Omar J. Aboulhosn. Signed by Magistrate Judge Omar J. Aboulhosn on 4/30/2020. (cc: Plaintiff; counsel of record) (hkl)
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Filing 48
NOTICE OF CHANGE OF ADDRESS by Jennifer Salmons. (jsa)
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Filing 47
RESPONSE by Jennifer Salmons in opposition to #42 MOTION by Shannon Dillon, Kendra Richardson, Steven Young to Dismiss #17 Amended Complaint and Alternative MOTION for Summary Judgment. (jsa)
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Filing 46
ORDER granting Plaintiff's #45 LETTER-FORM MOTION for Extension of Time; directing that Plaintiff shall file a Response to Defendants' #42 MOTION to Dismiss #17 Amended Complaint or for Summary Judgment by 1/3/2020; following service of Plaintiff's Response, the Defendants will have seven (7) business days within which to file a Reply. Signed by Magistrate Judge Omar J. Aboulhosn on 12/5/2019. (cc: Plaintiff; counsel of record) (jsa)
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Filing 45
LETTER-FORM MOTION by Jennifer Salmons to Extend Time to File Response to Defendants' #42 MOTION to Dismiss #17 Amended Complaint and Alternative MOTION for Summary Judgment; Motion referred to Magistrate Judge Omar J. Aboulhosn. (jsa)
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Filing 44
ORDER directing that Plaintiff's response to Defendants' #42 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment and #43 Memorandum in Support shall be filed with the Clerk of this Court on or before 12/4/2019; following service of Plaintiff's response, if such is filed, Defendants will have until 12/18/2019 to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 11/4/2019. (cc: Plaintiff; counsel of record) (hkl)
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Filing 43
MEMORANDUM OF LAW by Shannon Dillon, Kendra Richardson, Steven Young in support of #42 MOTION by Shannon Dillon, Kendra Richardson, Steven Young to Dismiss #17 Amended Complaint and Alternative MOTION for Summary Judgment (O'Hare, Anne)
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Filing 42
MOTION by Shannon Dillon, Kendra Richardson, Steven Young to Dismiss #17 Amended Complaint and Alternative MOTION for Summary Judgment. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Medical Records) Motion referred to Magistrate Judge Omar J. Aboulhosn.(O'Hare, Anne). (Modified on 11/4/2019 to add motion for summary judgment event) (ts)
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Filing 41
ORDER granting #38 MOTION by Shannon Dillon, Kendra Richardson, Steven Young for Extension of Time to File Answer; Defendants shall file her Response to Plaintiff's Amended Complaint on or before 11/1/2019. Signed by Magistrate Judge Omar J. Aboulhosn on 10/23/2019. (cc: Plaintiff; counsel of record) (hkl)
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Filing 40
CLERK'S ORDER. For reasons appearing to the court, the referral of this civil action for Findings of Fact and Recommendations for disposition is transferred from Magistrate Judge Cheryl A. Eifert to Magistrate Judge Omar J. Aboulhosn. Signed by Clerk of Court Rory L. Perry II on 10/22/2019. (cc: Magistrate Judge Eifert; Magistrate Judge Aboulhosn; counsel of record; unrepresented parties) (klc)
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Filing 39
ORDER directing that this case be transferred to Rory L. Perry, II, Clerk of Court, for reassignment of total pretrial management and submission of proposed findings of fact and recommendation for disposition in the instant action to another Magistrate Judge within this district. Signed by Magistrate Judge Cheryl A. Eifert on 10/22/2019. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 38
MOTION by Shannon Dillon, Kendra Richardson, Steven Young to Extend Time to File Answer to November 1, 2019 re: #17 Amended Complaint. Motion referred to Magistrate Judge Cheryl A. Eifert.(O'Hare, Anne)
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Filing 37
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Steven Young, re: #17 Amended Complaint. Steven Young served on 10/1/2019, answer due 10/22/2019. Person Served: Malinda Elliott, Paralegal. (hkl)
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Filing 36
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Kendra Richardson, re: #17 Amended Complaint. Kendra Richardson served on 10/1/2019, answer due 10/22/2019. Person Served: Malinda Elliott, Paralegal. (hkl)
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Filing 35
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Shannon Dillon, re: #17 Amended Complaint. Shannon Dillon served on 10/1/2019, answer due 10/22/2019. Person Served: Malinda Elliott, Paralegal. (jsa)
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Filing 34
NOTICE OF CHANGE OF ADDRESS by Jennifer Salmons. (hkl)
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Filing 33
SUMMONS REISSUED by the Clerk on behalf of Jennifer Salmons for Steven Young, re: #17 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 32
SUMMONS REISSUED by the Clerk on behalf of Jennifer Salmons for Kendra Richardson, re: #17 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 31
SUMMONS REISSUED by the Clerk on behalf of Jennifer Salmons for Shannon Dillon, re: #17 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 30
ORDER directing the Clerk to issue new summonses, and directing the United States Marshals Service to properly serve a summons and the #17 AMENDED COMPLAINT on Defendants Dillon, Richardson, and Young; further directing the Marshals Service to promptly file the returns of service with the Clerk. Signed by Magistrate Judge Cheryl A. Eifert on 9/18/2019. (cc: Plaintiff; counsel of record; USM) (jsa)
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Filing 29
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Steven Young, re: #17 Amended Complaint. Steven Young served on 8/2/2019, answer due 8/23/2019. Person Served: David Farmer, Assistant Commissioner, Intergovernmental Affairs. (jsa)
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Filing 28
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Kendra Richardson, re: #17 Amended Complaint. Kendra Richardson served on 8/2/2019, answer due 8/23/2019. Person Served: David Farmer, Intergovernmental Affairs. (jsa)
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Filing 27
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Shannon Dillon, re: #17 Amended Complaint. Shannon Dillon served on 8/2/2019, answer due 8/23/2019. Person Served: David Farmer, Assistant Commissioner, Intergovernment Affairs. (jsa)
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Filing 26
SUMMONS ISSUED by the Clerk on behalf of Jennifer Salmons for Steven Young, re: #17 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 25
SUMMONS ISSUED by the Clerk on behalf of Jennifer Salmons for Kendra Richardson, re: #17 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 24
SUMMONS ISSUED by the Clerk on behalf of Jennifer Salmons for Shannon Dillon, re: #17 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 23
ORDER granting Plaintiff's #20 motion to amend her complaint by adding certain health care providers at the Western Regional Jail and Correctional Facility; directing the Clerk to add Shannon Dillon, Kendra Richardson, and Steven Young as defendants herein, to issue a summons for each of these three new defendants, and to provide the summonses and copies of the amended complaint to the United States Marshals Service; further directing the United States Marshals Service to serve each defendant or his/her designated agent for service of process with the summons and amended complaint. Signed by Magistrate Judge Cheryl A. Eifert on 6/12/2019. (cc: Plaintiff; USM; counsel of record) (jsa)
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Filing 22
RESPONSE by Western Regional Jail to the Court's #21 Order re: names of individuals who have worked as health care providers at Western Regional Jail and Correctional Facility. (Marino, Briana) (Modified on 6/12/2019 to convert event to response to court order) (ts).
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Filing 21
ORDER directing Defendant to file within fourteen days of the date of this Order a list identifying the last names of three nurses employed at the WRJ between April 2018 and November 2018 who had the first names of Kendra, Steven, and Shannon. Signed by Magistrate Judge Cheryl A. Eifert on 5/23/2019. (cc: Plaintiff; Superintendent of the Western Regional Jail and Correctional Facility; Commissioner of the West Virginia Division of Corrections) (hkl)
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Filing 20
RESPONSE by Jennifer Salmons to the Court's #18 Order. (jsa)
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Filing 19
SUMMONS ISSUED by the Clerk on behalf of Jennifer Salmons for Western Regional Jail, re: #17 Amended Complaint, returnable 21 days. Original Summons and 2 copies forwarded to United States Marshals Service for service. (hkl)
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Filing 18
ORDER directing the Clerk of Court to issue a summons for the named defendant; directing the United States Marshals Service to serve the summons and amended complaint on the defendant, or its designated agent for service; directing Plaintiff to file a list of the individuals whom she wishes to formally add as named defendants in this case within the next ten days. Signed by Magistrate Judge Cheryl A. Eifert on 5/14/2019. (cc: Plaintiff; USM) (hkl)
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| Filing 17 AMENDED COMPLAINT by Jennifer Salmons against Western Regional Jail. (hkl) |
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Filing 16
ORDER denying Plaintiff's #15 MOTION for the Appointment of Counsel; directing Plaintiff to amend her complaint as previously explained in the #3 and #14 memorandum opinion and orders within fourteen days of receipt of this Order. Signed by Magistrate Judge Cheryl A. Eifert on 3/1/2019. (cc: Plaintiff with copies of ECF Nos. 3 and 14) (jsa) (Modified on 3/13/2019 to add links to the #3 and #14 memorandum opinion and orders) (mkw).
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| Filing 15 LETTER-FORM MOTION by Jennifer Salmons for Appointment of Counsel. Motion referred to Magistrate Judge Cheryl A. Eifert. (jsa) |
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Filing 14
MEMORANDUM OPINION AND ORDER granting #6 MOTION by Jennifer Salmons for Extension of Time to Amend #1 Complaint and for Extension of Time to File Application to Proceed Without Prepayment of Fees and Costs; granting #11 APPLICATION by Jennifer Salmons to Proceed without Prepayment of Fees or Costs; directing Plaintiff to make monthly payments beginning on 3/5/2019 until the full filing fee of $350.00 has been paid; directing and noticing 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; denying without prejudice the #7 MOTION by Jennifer Salmons for Appointment of Counsel; directing Plaintiff to amend the #1 Complaint within 30 days from the date of this Order, as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 1/16/2019. (cc: Plaintiff) (mkw)
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| Filing 13 LETTER to Clerk, USDC/SDWV, from Jennifer Salmons dated 1/10/2019, re: appointment of counsel. (Attachment: #1 Envelope) (hkl) |
| Filing 12 AUTHORIZATION TO RELEASE INSTITUTIONAL ACCOUNT INFORMATION by Jennifer Salmons. (Attachment: #1 Envelope) (hkl) |
| Filing 11 APPLICATION by Jennifer Salmons to Proceed without Prepayment of Fees or Costs. (Attachment: #1 Envelope) Motion referred to Magistrate Judge Cheryl A. Eifert. (hkl) |
| Filing 10 LETTER to Jennifer Lee Salmons, from Rory L. Perry II dated 1/9/2019, re: #9 letter regarding copies of documents and change of address. (brn) |
| Filing 9 LETTER to Clerk, USDC/SDWV, from Jennifer Salmons dated 12/27/2018, re: copies of documents and change of address. (jsa) |
| Filing 8 AUTHORIZATION TO RELEASE INSTITUTIONAL ACCOUNT INFORMATION by Jennifer Salmons. (jsa) |
| Filing 7 MOTION by Jennifer Salmons for Appointment of Counsel. Motion referred to Magistrate Judge Cheryl A. Eifert. (jsa) |
| Filing 6 MOTION by Jennifer Salmons for Extension of Time to Amend #1 Complaint and for Extension of Time to File Application to Proceed Without Prepayment of Fees and Costs to 1/25/2019; Motion referred to Magistrate Judge Cheryl A. Eifert. (jsa) |
| Filing 5 MAIL RETURNED AS UNDELIVERABLE. Mail sent to Jennifer Salmons at Western Regional Jail, One O'Hanlon Place, Barboursville, WV 25504. Mail resent to Jennifer Salmons at Lakin Correctional Center, 11264 Ohio River Road, West Columbia, WV 25287. (jsa) |
| Filing 4 MAIL RETURNED AS UNDELIVERABLE. Mail sent to Jennifer Salmons at WESTERN REGIONAL JAIL, One O'Hanlon Place, Barboursville, WV 25504. Mail resent to Jennifer Salmons at LAKIN CORRECTIONAL CENTER, 11264 Ohio River Road, West Columbia, WV 25287. (hkl) |
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Filing 3
MEMORANDUM OPINION AND ORDER directing Plaintiff to pay the filing fee of $400 or submit to the Court a completed and signed Application to Proceed Without Prepayment of Fees and Costs; further directing Plaintiff to amend her complaint as specified herein within thirty (30) days of the date of this Order. Signed by Magistrate Judge Cheryl A. Eifert on 11/30/2018. (cc: Plaintiff with a form Complaint under 42 U.S.C. 1983, an Application to Proceed Without Prepayment of Fees and Costs, and any available instructions for completing the forms) (jsa)
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| CASE assigned to Judge Robert C. Chambers. (klc) |
| Filing 2 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) (jsa) |
| Filing 1 COMPLAINT. (jsa) |
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