Murphy v. Western Regional Jail et al
| Walter Murphy and Walter Michael Murphy |
| Western Regional Jail, CO Colman, Corporal Gram, C.O. Shannon, PrimeCare, Captain Pauley, LT Erwin, Sgt. Alan and C.O. Danials |
| 3:2020cv00613 |
| October 6, 2020 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Cheryl A Eifert |
| Prisoner - (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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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)
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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)
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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)
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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)
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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)
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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).
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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).
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Filing 27
ADDITIONAL DOCUMENTATION by Walter Michael Murphy in support of #9 SECOND AMENDED COMPLAINT. (hkl)
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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)
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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)
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Filing 24
Partial Filing Fee Received: $10.00, Receipt Number CHAR018226. (hkl)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 11
APPLICATION by Walter Michael Murphy to Proceed without Prepayment of Fees or Costs. Motion referred to Magistrate Judge Cheryl A. Eifert. (hkl)
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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)
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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)
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Filing 8
APPLICATION by Walter Murphy to Proceed without Prepayment of Fees or Costs. Motion referred to Magistrate Judge Cheryl A. Eifert. (jsa)
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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)
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Filing 6
LETTER to Walter Murphy, from Rory L. Perry II dated 9/23/2020, re: #5 letter regarding witnesses and discovery requests. (klc)
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Filing 5
LETTER to Clerk, USDC/SDWV, from Walter Murphy received 9/22/2020, re: questions regarding witnesses and discovery requests. (jsa)
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Filing 4
AMENDED COMPLAINT by Walter Murphy against Western Regional Jail, PrimeCare, LT Erwin, CO Colman. (jsa)
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Filing 3
APPLICATION by Walter Murphy to Proceed without Prepayment of Fees or Costs. Motion referred to Magistrate Judge Cheryl A. Eifert. (jsa)
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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)
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Filing 1
COMPLAINT. (jsa)
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CASE assigned to Judge Robert C. Chambers. (klc)
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