Murphy v. Western Regional Jail et al
Plaintiff: Walter Murphy and Walter Michael Murphy
Defendant: Western Regional Jail, CO Colman, Corporal Gram, C.O. Shannon, PrimeCare, Captain Pauley, LT Erwin, Sgt. Alan and C.O. Danials
Case Number: 3:2020cv00613
Filed: October 6, 2020
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 July 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2020 Opinion or Order Filing 34 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon PrimeCare, re: #1 Complaint, #4 Amended Complaint, #9 Amended Complaint. PrimeCare served on 11/24/2020, answer due 12/15/2020. Person Served: Kathryn Peters, Corporate Counsel. (jsa)
November 19, 2020 Opinion or Order Filing 33 RESPONSE by Walter Michael Murphy to Defendants' #28 MOTION to Dismiss With Prejudice, re: #1 Complaint, #4 Amended Complaint and #9 Second Amended Complaint. (jsa)
November 12, 2020 Opinion or Order Filing 32 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon LT Erwin, re: #1 Complaint, #4 Amended Complaint, #9 Second Amended Complaint. LT Erwin served on 11/4/2020, answer due 11/25/2020. (hkl)
November 12, 2020 Opinion or Order Filing 31 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon C.O. Danials, re: #1 Complaint, #4 Amended Complaint, #9 Second Amended Complaint. C.O. Danials served on 11/4/2020, answer due 11/25/2020. (hkl)
November 12, 2020 Opinion or Order Filing 30 ORDER directing that Plaintiff shall have through and including 12/11/2020 in which to file a response to the #28 MOTION to Dismiss filed by Defendants Western Regional Jail, Lt. Lloyd Erwin, C.O. Tabitha Colman, C.O. Danials, C.O. Shannon, Captain Roger Pauley, Sgt. Christopher Alan, and Corporal Andrew Gram; following service of Plaintiff's response, if such is filed, Defendants shall have fourteen days within which to reply. Signed by Magistrate Judge Cheryl A. Eifert on 11/12/2020. (cc: Plaintiff; counsel of record) (jsa)
November 10, 2020 Opinion or Order Filing 29 MEMORANDUM OF LAW by Alan, Colman, Danials, Erwin, Gram, Pauley, Shannon, Western Regional Jail in support of #28 MOTION by Alan, Colman, Danials, Erwin, Gram, Pauley, Shannon, Western Regional Jail to Dismiss With Prejudice, re: #1 Complaint, #4 Amended Complaint and #9 Second Amended Complaint) (Fuller, John) (Modified on 11/10/2020 to add link to #1 complaint, #4 amended complaint and #9 second amended complaint) (mkw).
November 10, 2020 Opinion or Order Filing 28 MOTION by Alan, Colman, Danials, Erwin, Gram, Pauley, Shannon, Western Regional Jail to Dismiss With Prejudice, re: #1 Complaint, #4 Amended Complaint and #9 Second Amended Complaint; Motion referred to Magistrate Judge Cheryl A. Eifert. (Fuller, John) (Modified on 11/10/2020 to add link to #4 amended complaint and #9 second amended complaint) (mkw).
October 30, 2020 Opinion or Order Filing 27 ADDITIONAL DOCUMENTATION by Walter Michael Murphy in support of #9 SECOND AMENDED COMPLAINT. (hkl)
October 27, 2020 Opinion or Order Filing 26 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Captain Pauley, re: #1 Complaint, #4 Amended Complaint, #9 Amended Complaint. Captain Pauley served on 10/20/2020, answer due 11/10/2020. (jsa)
October 27, 2020 Opinion or Order Filing 25 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Western Regional Jail, re: #1 Complaint, #4 Amended Complaint, #9 Amended Complaint. Western Regional Jail served on 10/20/2020, answer due 11/10/2020. (jsa)
October 26, 2020 Opinion or Order Filing 24 Partial Filing Fee Received: $10.00, Receipt Number CHAR018226. (hkl)
October 16, 2020 Opinion or Order Filing 23 ORDER denying as moot Plaintiff's #22 APPLICATION to Proceed Without Prepayment of Fees or Costs. Signed by Magistrate Judge Cheryl A. Eifert on 10/16/2020. (cc: Plaintiff) (jsa)
October 15, 2020 Opinion or Order Filing 22 APPLICATION by Walter Michael Murphy to Proceed without Prepayment of Fees or Costs. (Attachment: #1 Average Resident Balance Statement) Motion referred to Magistrate Judge Cheryl A. Eifert. (jsa)
October 6, 2020 Opinion or Order Filing 21 SUMMONS ISSUED by the Clerk on behalf of Walter Michael Murphy for Corporal Gram, re: #1 Complaint, #4 Amended Complaint, #9 Second Amended Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
October 6, 2020 Opinion or Order Filing 20 SUMMONS ISSUED by the Clerk on behalf of Walter Michael Murphy for Sgt. Alan, re: #1 Complaint, #4 Amended Complaint, #9 Second Amended Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
October 6, 2020 Opinion or Order Filing 19 SUMMONS ISSUED by the Clerk on behalf of Walter Michael Murphy for Captain Pauley, re: #1 Complaint, #4 Amended Complaint, #9 Second Amended Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
October 6, 2020 Opinion or Order Filing 18 SUMMONS ISSUED by the Clerk on behalf of Walter Michael Murphy for C.O. Shannon, re: #1 Complaint, #4 Amended Complaint, #9 Second Amended Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
October 6, 2020 Opinion or Order Filing 17 SUMMONS ISSUED by the Clerk on behalf of Walter Michael Murphy for C.O. Danials, re: #1 Complaint, #4 Amended Complaint, #9 Second Amended Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
October 6, 2020 Opinion or Order Filing 16 SUMMONS ISSUED by the Clerk on behalf of Walter Michael Murphy for CO Colman, re: #1 Complaint, #4 Amended Complaint, #9 Second Amended Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
October 6, 2020 Opinion or Order Filing 15 SUMMONS ISSUED by the Clerk on behalf of Walter Michael Murphy for LT Erwin, re: #1 Complaint, #4 Amended Complaint, #9 Second Amended Complaint, returnable 21 days. Original Summons and 1 copy forwarded to United States Marshal Service for service. (hkl)
October 6, 2020 Opinion or Order Filing 14 SUMMONS ISSUED by the Clerk on behalf of Walter Michael Murphy for PrimeCare, re: #1 Complaint, #4 Amended Complaint, #9 Second Amended Complaint, returnable 21 days. Original Summons and 2 copies forwarded to United States Marshal Service for service. (hkl)
October 6, 2020 Opinion or Order Filing 13 SUMMONS ISSUED by the Clerk on behalf of Walter Michael Murphy for Western Regional Jail, re: #1 Complaint, #4 Amended Complaint, #9 Second Amended Complaint, returnable 21 days. Original Summons and 2 copies forwarded to United States Marshal Service for service. (hkl)
October 6, 2020 Opinion or Order Filing 12 ORDER granting Plaintiff's #3 , #8 , #11 APPLICATIONS to Proceed Without Prepayment of Fees or Costs; directing Plaintiff to make monthly payments beginning on or before 11/5/2020, 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 named defendant; directing the United States Marshals Service to serve the summons and complaint on each defendant, or its/his designated agent for service of process. Signed by Magistrate Judge Cheryl A. Eifert on 10/6/2020. (cc: Plaintiff; Administrator of WRJ) (hkl)
October 5, 2020 Opinion or Order Filing 11 APPLICATION by Walter Michael Murphy to Proceed without Prepayment of Fees or Costs. Motion referred to Magistrate Judge Cheryl A. Eifert. (hkl)
October 5, 2020 Opinion or Order Filing 10 ORDER directing Plaintiff to pay the filing fee of $400, or submit a completed Application to Proceed Without Prepayment of Fees and Costs; Plaintiff is notified that failure to pay the fee or submit an amended Application, as instructed, within thirty (30) days of the date of this Order may result in a recommendation that the complaint be dismissed. Signed by Magistrate Judge Cheryl A. Eifert on 10/5/2020. (cc: Plaintiff with Application to Proceed Without Prepayment of Fees and Costs) (hkl)
September 25, 2020 Opinion or Order Filing 9 SECOND AMENDED COMPLAINT by Walter Michael Murphy against C.O. Colman, Lt. Erwin, PrimeCare, Western Regional Jail, C.O. Danials, C.O. Shannon, Captain Pauley, Sgt. Alan, Corporal Gram. (jsa)
September 25, 2020 Opinion or Order Filing 8 APPLICATION by Walter Murphy to Proceed without Prepayment of Fees or Costs. Motion referred to Magistrate Judge Cheryl A. Eifert. (jsa)
September 24, 2020 Opinion or Order Filing 7 ORDER directing Plaintiff to pay the filing fee of $400 or submit a completed Application to Proceed Without Prepayment of Fees and Costs; Plaintiff is notified that failure to pay the fee or submit an amended Application, as instructed, within thirty (30) days of the date of this Order may result in a recommendation that the complaint be dismissed. Signed by Magistrate Judge Cheryl A. Eifert on 9/24/2020. (cc: Plaintiff with Application to Proceed Without Prepayment of Fees and Costs) (jsa)
September 23, 2020 Opinion or Order Filing 6 LETTER to Walter Murphy, from Rory L. Perry II dated 9/23/2020, re: #5 letter regarding witnesses and discovery requests. (klc)
September 22, 2020 Opinion or Order Filing 5 LETTER to Clerk, USDC/SDWV, from Walter Murphy received 9/22/2020, re: questions regarding witnesses and discovery requests. (jsa)
September 22, 2020 Opinion or Order Filing 4 AMENDED COMPLAINT by Walter Murphy against Western Regional Jail, PrimeCare, LT Erwin, CO Colman. (jsa)
September 22, 2020 Opinion or Order Filing 3 APPLICATION by Walter Murphy to Proceed without Prepayment of Fees or Costs. Motion referred to Magistrate Judge Cheryl A. Eifert. (jsa)
September 17, 2020 Opinion or Order 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)
September 17, 2020 Opinion or Order Filing 1 COMPLAINT. (jsa)
September 17, 2020 Opinion or Order CASE assigned to Judge Robert C. Chambers. (klc)

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Search for this case: Murphy v. Western Regional Jail et al
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Defendant: Western Regional Jail
Represented By: John P. Fuller
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Defendant: CO Colman
Represented By: John P. Fuller
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Defendant: Corporal Gram
Represented By: John P. Fuller
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Defendant: C.O. Shannon
Represented By: John P. Fuller
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Defendant: PrimeCare
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Defendant: Captain Pauley
Represented By: John P. Fuller
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Defendant: LT Erwin
Represented By: John P. Fuller
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Defendant: Sgt. Alan
Represented By: John P. Fuller
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Defendant: C.O. Danials
Represented By: John P. Fuller
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Plaintiff: Walter Murphy
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Plaintiff: Walter Michael Murphy
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