Whitmore v. Western Regional Jail et al

Plaintiff: Zachary Whitmore
Defendant: C.O. Theuithen, C.O. Paul, Corp. Yourk, C.O. Napper, Corp. Eirwin, Sergeant Franklin, Captain Aldrage, C.O. Guice, Western Regional Jail, C.O. Indicot, C.O. Hughs, C.O. Napier and Corp. Erwin
Case Number: 3:2018cv01483
Filed: December 6, 2018
Court: US District Court for the Southern District of West Virginia
Office: Huntington Office
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 August 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2019 Filing 25 SUPPLEMENTAL MEMORANDUM by Erwin, Napier, Western Regional Jail re: #22 Memorandum in support of #21 MOTION by Eirwin, Napper, Western Regional Jail to Dismiss With Prejudice re: #3 Complaint (Attachments: #1 Exhibit A, #2 Exhibit B)(Storage, Michelle)
January 14, 2019 Filing 24 MAIL RETURNED AS UNDELIVERABLE. Mail sent to Zachary Whitmore at WESTERN REGIONAL JAIL, One O'Hanlon Place, Barboursville, WV 25504. Mail resent to Zachary Whitmore at MOUNT OLIVE CORRECTIONAL COMPLEX, 1 Mountainside Way, Mount Olive, WV 25185. (hkl)
January 3, 2019 SET DEADLINE as to #21 MOTION by Erwin, Napier, Western Regional Jail to Dismiss #3 Complaint; Response due by 1/31/2019, pursuant to the #23 Order. (jsa)
January 3, 2019 Opinion or Order Filing 23 ORDER directing that Plaintiff shall have through and including 1/31/2019 in which to file a response to the #21 MOTION by Defendants Corp. Erwin, C.O. Napier, and Western Regional Jail to Dismiss #3 Complaint; following service of Plaintiff's response, if such is filed, Defendants shall have ten days within which to reply; further directing that the Clerk correct the case docket to reflect defendants' correct names: Corp. Erwin and C.O. Napier. Signed by Magistrate Judge Cheryl A. Eifert on 1/3/2019. (cc: Plaintiff; counsel of record; any unrepresented parties) (jsa)
January 2, 2019 Filing 22 MEMORANDUM OF LAW by Eirwin, Napper, Western Regional Jail in support of #21 MOTION by Eirwin, Napper, Western Regional Jail to Dismiss With Prejudice re: #3 Complaint. (Storage, Michelle)
January 2, 2019 Filing 21 MOTION by Eirwin, Napper, Western Regional Jail to Dismiss With Prejudice re: #3 Complaint. Motion referred to Magistrate Judge Cheryl A. Eifert.(Storage, Michelle)
December 19, 2018 Filing 20 Partial Filing Fee Received: $5.70, Receipt Number CHAR015266. (jsa)
December 12, 2018 Filing 19 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Corp. Eirwin, re: #3 Complaint. Corp. Eirwin served on 12/12/2018, answer due 1/2/2019. (jsa)
December 12, 2018 Filing 18 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon C.O. Napper, re: #3 Complaint. C. O. Napper served on 12/12/2018, answer due 1/2/2019. (jsa)
December 12, 2018 Filing 17 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Western Regional Jail, re: #3 Complaint. Western Regional Jail served on 12/12/2018, answer due 1/2/2019. Person Served: Administrator Joseph Wood. (hkl)
December 6, 2018 Filing 16 SUMMONS ISSUED by the Clerk on behalf of Zachary Whitmore for C.O. Hughs, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
December 6, 2018 Filing 15 SUMMONS ISSUED by the Clerk on behalf of Zachary Whitmore for C.O. Paul, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
December 6, 2018 Filing 14 SUMMONS ISSUED by the Clerk on behalf of Zachary Whitmore for C.O. Theuithen, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
December 6, 2018 Filing 13 SUMMONS ISSUED by the Clerk on behalf of Zachary Whitmore for C.O. Indicot, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
December 6, 2018 Filing 12 SUMMONS ISSUED by the Clerk on behalf of Zachary Whitmore for C.O. Napper, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
December 6, 2018 Filing 11 SUMMONS ISSUED by the Clerk on behalf of Zachary Whitmore for C.O. Guice, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
December 6, 2018 Filing 10 SUMMONS ISSUED by the Clerk on behalf of Zachary Whitmore for Corp. Yourk, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
December 6, 2018 Filing 9 SUMMONS ISSUED by the Clerk on behalf of Zachary Whitmore for Sergeant Franklin, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
December 6, 2018 Filing 8 SUMMONS ISSUED by the Clerk on behalf of Zachary Whitmore for Corp. Eirwin, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
December 6, 2018 Filing 7 SUMMONS ISSUED by the Clerk on behalf of Zachary Whitmore for Captain Aldrage, re: #3 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
December 6, 2018 Filing 6 SUMMONS ISSUED by the Clerk on behalf of Zachary Whitmore for Western Regional Jail, re: #3 Complaint, returnable 21 days. Original Summons and 2 copies delivered to U.S. Marshals for service. (jsa)
December 6, 2018 Opinion or Order Filing 5 ORDER granting Plaintiff's #2 APPLICATION to Proceed Without Prepayment of Fees or Costs; directing Plaintiff to make an initial partial filing fee payment of $5.70 to the Clerk of Court on or before 12/31/2018 and to make monthly payments thereafter beginning on 2/5/2019, as more fully set forth herein; further 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 and 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 12/6/2018. (cc: Plaintiff; USM; WRJ Administrator) (jsa)
November 30, 2018 CASE assigned to Judge Robert C. Chambers. (klc)
November 30, 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) (jsa)
November 30, 2018 Filing 3 COMPLAINT. (jsa)
November 30, 2018 Filing 2 APPLICATION by Zachary Whitmore to Proceed without Prepayment of Fees or Costs (Attachment: #1 Average Resident Balance Statement) (jsa)
November 30, 2018 Opinion or Order Filing 1 MEMORANDUM OPINION AND ORDER directing the Clerk to open a new civil action for Zachary Whitmore, listing the same defendants as those in 3:18-cv-01471; once the new civil action is open, Zachary Whitmore shall be terminated as a party in 3:18-cv-01471. Signed by Magistrate Judge Cheryl A. Eifert on 11/30/2018. (cc: plaintiff) (jsa)

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Search for this case: Whitmore v. Western Regional Jail et al
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Defendant: C.O. Theuithen
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Defendant: C.O. Paul
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Defendant: Corp. Yourk
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Defendant: C.O. Napper
Represented By: Carrie A. Dysart
Represented By: Michelle R. Storage
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Defendant: Corp. Eirwin
Represented By: Carrie A. Dysart
Represented By: Michelle R. Storage
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Defendant: Sergeant Franklin
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Defendant: Captain Aldrage
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Defendant: C.O. Guice
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Defendant: Western Regional Jail
Represented By: Carrie A. Dysart
Represented By: Michelle R. Storage
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Defendant: C.O. Indicot
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Defendant: C.O. Hughs
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Defendant: C.O. Napier
Represented By: Carrie A. Dysart
Represented By: Michelle R. Storage
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Defendant: Corp. Erwin
Represented By: Carrie A. Dysart
Represented By: Michelle R. Storage
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Plaintiff: Zachary Whitmore
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