Davis v. Aldridge et al
Plaintiff: Kelly Davis, Danny N/A, Stewart Jordan, Brendan Gardner, Shauntique Whitfield, Marty Womble, Andred Davis, Jr., Jacquez White, Rodney Toney and Davone McClinton
Defendant: Lt. Davis, Medical Staff, Amanda McGrew, Karl Aldridge, Major Fleming, Carl Aldridge and Major Christopher Fleming
Case Number: 3:2020cv00592
Filed: September 11, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Referring Judge: Cheryl A Eifert
2 Judge: Dwane L Tinsley
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2020 Filing 34 RESPONSE by Carl Aldridge, Christopher Fleming, Amanda McGrew to #33 MOTION by Andred Davis, Jr. to Dismiss Without Prejudice, re: #2 Complaint. (McGhee, Mark)
November 6, 2020 Filing 33 MOTION by Andred Davis, Jr. to Dismiss #2 Complaint Without Prejudice; Motion referred to Magistrate Judge Dwane L. Tinsley. (hkl)
November 5, 2020 Opinion or Order Filing 32 ORDER directing that, by 11/20/2020, counsel for defendant Aldridge, who is the Superintendent of the WRJ, shall obtain and provide to the undersigned's staff by telephone or electronic mail the last known residential address for Lt. Davis that is on file at the West Virginia Division of Corrections and Rehabilitation, which officers of the court shall use to attempt service of process upon defendant Davis, in accordance with 28 U.S.C. 1915(d); Alternatively, counsel shall advise the court's staff of whether he may accept service of process or waive the same on behalf of Davis; directing the Clerk to modify the docket sheet to correct the names of Carl Aldridge and Christopher Fleming. Signed by Magistrate Judge Dwane L. Tinsley on 11/5/2020. (cc: Plaintiff; counsel of record) (hkl)
November 4, 2020 Filing 31 CLERK'S ORDER. Pursuant to #30 Order, 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 Dwane L. Tinsley. Signed by Clerk of Court Rory L. Perry II on 11/4/2020. (cc: Magistrate Judge Eifert; Magistrate Judge Tinsley; counsel of record; any unrepresented party) (klc)
November 4, 2020 Opinion or Order Filing 30 ORDER directing this case 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 11/4/2020. (cc: Plaintiff; counsel of record; any unrepresented parties) (jsa)
October 30, 2020 Filing 29 LETTER to Andred Davis, Jr., from Rory L. Perry II dated 10/30/2020, re: #28 letter requesting a copy of the complaint. (klc)
October 28, 2020 Filing 28 LETTER to Clerk, USDC/SDWV, from Andred Davis Jr. dated 10/25/2020, re: request for copy of complaint. (hkl)
October 27, 2020 Filing 27 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Amanda McGrew, re: #2 Complaint. Answer previously filed on 10/26/2020. (jsa)
October 26, 2020 Filing 26 MEMORANDUM OF LAW by Karl Aldridge, Christopher Fleming, Amanda McGrew in support of #25 MOTION by Karl Aldridge, Christopher Fleming, Amanda McGrew to Dismiss With Prejudice, re: #2 Complaint. (McGhee, Mark)
October 26, 2020 Filing 25 MOTION by Karl Aldridge, Christopher Fleming, Amanda McGrew to Dismiss With Prejudice, re: #2 Complaint; Motion referred to Magistrate Judge Cheryl A. Eifert. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(McGhee, Mark)
October 26, 2020 Filing 24 ANSWER TO #2 Complaint by Karl Aldridge, Christopher Fleming, Amanda McGrew; Jury demand. (McGhee, Mark)
October 26, 2020 Filing 23 MEMORANDUM OF LAW by Medical Staff in support of #22 MOTION by Medical Staff to Dismiss for Failure to State a Claim, re: #2 Complaint. (O'Hare, Anne)
October 26, 2020 Filing 22 MOTION by Medical Staff to Dismiss for Failure to State a Claim, re: #2 Complaint; Motion referred to Magistrate Judge Cheryl A. Eifert.(O'Hare, Anne)
October 19, 2020 Filing 21 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Amanda McGrew, re: #2 Complaint. Amanda McGrew served on 10/9/2020, answer due 10/30/2020. (Attachment: #1 Unredacted USM-285) (hkl)
October 13, 2020 Filing 20 LETTER to Andred Clinton Davis, Jr., from Rory L. Perry II dated 10/13/2020, re: #19 letter requesting copies of documents. (klc)
October 9, 2020 Filing 19 LETTER to Clerk, USDC/SDWV, from Andred Davis dated 10/5/2020, re: change of address and copies of documents. (jsa)
October 8, 2020 Filing 18 SUMMONS RETURNED EXECUTED for Major Fleming, re: #2 Complaint. Major Fleming served on 10/5/2020, answer due 10/26/2020. (jsa)
October 8, 2020 Filing 17 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Karl Aldridge, re: #2 Complaint. Karl Aldridge served on 10/5/2020, answer due 10/26/2020. (jsa)
October 8, 2020 Filing 16 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Medical Staff, re: #2 Complaint. Medical Staff served on 10/5/2020, answer due 10/26/2020. Person Served: Kelli Mankin, Health Service admin. (jsa)
September 23, 2020 Filing 15 SUMMONS ISSUED by the Clerk on behalf of Andred Davis, Jr. for Medical Staff, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
September 23, 2020 Filing 14 SUMMONS ISSUED by the Clerk on behalf of Andred Davis, Jr. for Amanda McGrew, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
September 23, 2020 Filing 13 SUMMONS ISSUED by the Clerk on behalf of Andred Davis, Jr. for Lt. Davis, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
September 23, 2020 Filing 12 SUMMONS ISSUED by the Clerk on behalf of Andred Davis, Jr. for Major Fleming, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
September 23, 2020 Filing 11 SUMMONS ISSUED by the Clerk on behalf of Andred Davis, Jr. for Karl Aldridge, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
September 23, 2020 Filing 10 Partial Filing Fee Received: $150.00, Receipt Number CHAR018091. (jsa)
September 11, 2020 Opinion or Order Filing 5 ORDER granting Plaintiff's #1 APPLICATION to Proceed Without Prepayment of Fees or Costs; directing Plaintiff to pay an initial partial filing fee payment of $150.00 on or before 10/2/2020; further directing Plaintiff to make monthly payments beginning on 11/5/2020, 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 named defendant upon receipt of the initial filing fee of $150.00; the Clerk shall provide the summonses and complaint to the United States Marshals Service, who is directed to serve the summonses and complaint on each defendant, or his/her designated agent for service of process. Signed by Magistrate Judge Cheryl A. Eifert on 9/11/2020. (cc: Plaintiff; USM; Administrator of the Western Regional Jail) (jsa)
September 11, 2020 Opinion or Order Filing 4 MEMORANDUM OPINION and ORDER directing the Clerk to open a new civil action for each of the following plaintiffs, listing the same defendants as those named herein: Stewart Jordan, Marty Womble, Jacquez White, Rodney Toney, Davone McClinton, Kelly Davis, and Brendan Gardner; further directing the Clerk to remove Danny N/A and Shauntique Whitfield as plaintiffs in this action and withhold opening a new case on their behalf until they request the opening of a case; directing the Clerk to provide each Plaintiff with a form complaint under 1983 and an Application to Proceed Without Prepayment of Fees and Costs; directing each plaintiff to complete, sign, and file a complaint on his own behalf, stating factual allegations pertinent to his experience at the Western Regional Jail and Correctional Facility, and to either pay the $400 filing fee or submit the fully completed Application within twenty days of the date of this Order. Signed by Magistrate Judge Cheryl A. Eifert on 9/11/2020. (cc: Plaintiffs) (jsa)
September 10, 2020 CASE assigned to Judge Robert C. Chambers. (klc)
September 10, 2020 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 Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (jsa)
September 10, 2020 Filing 2 COMPLAINT. (jsa)
September 10, 2020 Filing 1 APPLICATION by Andred Davis, Jr to Proceed without Prepayment of Fees or Costs. (jsa)

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Plaintiff: Kelly Davis
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Plaintiff: Danny N/A
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Plaintiff: Stewart Jordan
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Plaintiff: Brendan Gardner
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Plaintiff: Shauntique Whitfield
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Plaintiff: Marty Womble
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Plaintiff: Andred Davis, Jr.
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Plaintiff: Jacquez White
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Plaintiff: Rodney Toney
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Plaintiff: Davone McClinton
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Defendant: Lt. Davis
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Defendant: Medical Staff
Represented By: D. C. Offutt, Jr.
Represented By: Anne Liles O'Hare
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Defendant: Amanda McGrew
Represented By: Mark Jeffrey McGhee
Represented By: William E. Murray
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Defendant: Karl Aldridge
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Defendant: Major Fleming
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Defendant: Carl Aldridge
Represented By: Mark Jeffrey McGhee
Represented By: William E. Murray
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Defendant: Major Christopher Fleming
Represented By: Mark Jeffrey McGhee
Represented By: William E. Murray
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