Henderson v. Diamond et al
Michael James Henderson |
Major Flemming, Corporal Littlejohn, Sgt. Akers, Superintendent Aldrige, Jo Moore, Capt Reid, Lt. Davis, Officer Albright, Lt. Irving, HSA Kelly, Officer Mays, Officer Jarvis, Capt. Pauley, Sgt. Brewer and Paul Diamond |
3:2020cv00612 |
September 22, 2020 |
US District Court for the Southern District of West Virginia |
Omar J Aboulhosn |
Robert C Chambers |
Cheryl A Eifert |
Prisoner - (Prison Condition) |
42 U.S.C. § 1983 |
None |
Docket Report
This docket was last retrieved on November 10, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 37 ANSWER TO #2 Complaint by Aldrige, Brewer, Paul Diamond, Flemming, Jarvis, Corporal Littlejohn, Mays, Jo Moore. (Wiley, Traci) (Modified on 11/17/2020 to remove party filers) (mkw). |
Filing 36 RESPONSE by Michael James Henderson in opposition to #29 MOTION by Kelly A. Mankin, BSN, RN, HSA to Dismiss for Failure to State a Claim, re: #2 Complaint. (jsa) |
Filing 35 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Sgt. Brewer, re: #2 Complaint. Sgt. Brewer served on 11/4/2020, answer due 11/25/2020. (hkl) |
Filing 34 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Officer Mays, re: #2 Complaint. Officer Mays served on 10/30/2020, answer due 11/20/2020. (Attachment: #1 Unredacted USM-285) (hkl) |
Filing 33 ORDER directing that Plaintiff's response to the #29 MOTION by Kelly A. Mankin, BSN, RN, HSA to Dismiss for Failure to State a Claim, re: #2 Complaint shall be filed with the Clerk of this Court by 11/13/2020; Defendant will have seven (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 10/15/2020. (cc: Plaintiff and to counsel of record) (mkw) |
Filing 32 CLERK'S ORDER. Pursuant to #31 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 Omar J. Aboulhosn. Signed by Clerk of Court Rory L. Perry II on 10/14/2020. (cc: Magistrate Judge Eifert; Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (klc) |
Filing 31 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 10/14/2020. (cc: counsel of record; any unrepresented parties) (jsa) |
Filing 30 MEMORANDUM OF LAW by Kelly A. Mankin, BSN, RN, HSA in support of #29 MOTION by Kelly A. Mankin, BSN, RN, HSA to Dismiss for Failure to State a Claim, re: #2 Complaint. (O'Hare, Anne) |
Filing 29 MOTION by Kelly A. Mankin, BSN, RN, HSA to Dismiss for Failure to State a Claim, re: #2 Complaint; Motion referred to Magistrate Judge Cheryl A. Eifert.(O'Hare, Anne) |
Filing 28 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon HSA Kelly, re: #2 Complaint. HSA Kelly served on 9/28/2020, answer due 10/19/2020. (hkl) |
Filing 27 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Officer Jarvis, re: #2 Complaint. Officer Jarvis served on 9/28/2020, answer due 10/19/2020. (hkl) |
Filing 26 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Paul Diamond, re: #2 Complaint. Paul Diamond served on 9/28/2020, answer due 10/19/2020. (hkl) |
Filing 25 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Jo Moore, re: #2 Complaint. Jo Moore served on 9/28/2020, answer due 10/19/2020. (hkl) |
Filing 24 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Major Flemming, re: #2 Complaint. Major Flemming served on 9/28/2020, answer due 10/19/2020. (hkl) |
Filing 23 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Superintendent Aldrige, re: #2 Complaint. Superintendent Aldrige served on 9/28/2020, answer due 10/19/2020. (hkl) |
Filing 22 SUMMONS RETURNED UNEXECUTED BY U. S. MARSHAL as to Lt. Irving, re: #2 Complaint. Returned unexecuted on 10/5/2020. (hkl) |
Filing 21 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Corporal Littlejohn, re: #2 Complaint. Corporal Littlejohn served on 10/5/2020, answer due 10/26/2020. (hkl) |
Filing 20 ADDITIONAL DOCUMENTATION by Michael James Henderson in support of #2 Complaint. (jsa) |
Filing 19 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Corporal Littlejohn, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 18 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for HSA Kelly, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 17 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Jo Moore, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 16 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Superintendent Aldrige, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 15 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Major Flemming, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 14 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Sgt. Brewer, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 13 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Sgt. Akers, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 12 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Lt. Irving, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 11 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Capt. Pauley, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 10 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Capt Reid, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 9 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Officer Jarvis, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 8 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Officer Albright, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 7 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Mays, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 6 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Lt. Davis, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 5 SUMMONS ISSUED by the Clerk on behalf of Michael James Henderson for Paul Diamond, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl) |
Filing 4 ORDER granting Plaintiff's #1 APPLICATION to Proceed Without Prepayment of Fees or Costs; the Court notes that Plaintiff has insufficient funds in his inmate account to make an initial partial filing fee payment; therefore, beginning on 10/5/2020, monthly payments shall be made, as more fully set forth herein; directing that 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; directing the United States Marshals Service to serve a summons and complaint on each defendant, or his or her designated agent for service. Signed by Magistrate Judge Cheryl A. Eifert on 9/22/2020. (cc: Plaintiff; USM; Administrator of WRJ) (hkl) |
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) |
Filing 2 COMPLAINT. (jsa) |
Filing 1 APPLICATION by Michael James Henderson to Proceed without Prepayment of Fees or Costs. (Attachments: #1 Average Resident Balance Statement, #2 Resident Transaction Details) (jsa) |
CASE assigned to Judge Robert C. Chambers. (klc) |
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