Davis v. Jividen et al
Plaintiff: Andred Clinton Davis, Jr.
Defendant: Betsy Gevidin, Carl Aldridge, Paul Diamond, Christopher Fleming, Keefe LLC, Sgt. Brewer, Nurse Regina LNU, Lt. Davis and Betsy Jividen
Case Number: 3:2022cv00150
Filed: March 28, 2022
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Omar J Aboulhosn
Referring Judge: Robert C Chambers
2 Judge: Cheryl A Eifert
Nature of Suit: Prisoner - (Prison Condition)
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2022 Opinion or Order Filing 29 ORDER directing that Plaintiff's response to the #19 MOTION by Sgt. Brewer to Dismiss, #21 MOTION by Carl Aldridge, Davis, Paul Diamond, Christopher Fleming, Betsy Jividen to Dismiss, #23 MOTION by Regina LNU to Dismiss and ALTERNATIVE MOTION for Summary Judgment, and #25 MOTION by Keefe LLC to Dismiss for Failure to State a Claim shall be filed with the Clerk of this Court on or before 5/31/2022; following service of Plaintiff's response to Defendants' Motions, if such is filed, Defendants will have seven (7) business days within which to file a reply; further directing the Clerk to modify the Docket Sheet to reflect Betsy Jividen as the proper Defendant herein, both in the style of the case and the short style at the top of the Docket Sheet, and TERMINATE Betsy Gevidin. Signed by Magistrate Judge Omar J. Aboulhosn on 4/29/2022. (cc: Plaintiff; counsel of record) (jsa)
April 28, 2022 Opinion or Order Filing 28 CLERK'S ORDER. Pursuant to #27 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 4/28/2022. (cc: Magistrate Judge Eifert; Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (klc)
April 28, 2022 Opinion or Order Filing 27 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 4/28/2022. (cc: counsel of record; any unrepresented parties) (jsa)
April 21, 2022 Opinion or Order Filing 26 MEMORANDUM OF LAW by Keefe LLC in support of #25 MOTION by Keefe LLC to Dismiss for Failure to State a Claim, re: #1 Complaint. (Bowles, Jason)
April 21, 2022 Opinion or Order Filing 25 MOTION by Keefe LLC to Dismiss for Failure to State a Claim, re: #1 Complaint. Motion referred to Magistrate Judge Cheryl A. Eifert.(Bowles, Jason)
April 19, 2022 Opinion or Order Filing 24 MEMORANDUM OF LAW by Regina LNU in support of #23 MOTION by Regina LNU to Dismiss #1 Complaint and ALTERNATIVE MOTION for Summary Judgment. (O'Hare, Anne)
April 19, 2022 Opinion or Order Filing 23 MOTION by Regina LNU to Dismiss #1 Complaint and ALTERNATIVE MOTION for Summary Judgment. Motion referred to Magistrate Judge Cheryl A. Eifert. (Attachments: #1 Exhibit - Medical Record, #2 Exhibit - Sick Call Request) (O'Hare, Anne)
April 19, 2022 Opinion or Order Filing 22 MEMORANDUM OF LAW by Carl Aldridge, Lt. Davis, Paul Diamond, Christopher Fleming, Betsy Gevidin in support of #21 MOTION by Carl Aldridge, Lt. Davis, Paul Diamond, Christopher Fleming, Betsy Gevidin to Dismiss With Prejudice, re: #1 Complaint. (Murray, William)
April 19, 2022 Opinion or Order Filing 21 MOTION by Carl Aldridge, Davis, Paul Diamond, Christopher Fleming, Betsy Gevidin to Dismiss With Prejudice, re: #1 Complaint. Motion referred to Magistrate Judge Cheryl A. Eifert. (Murray, William)
April 19, 2022 Opinion or Order Filing 20 MEMORANDUM OF LAW by Sgt. Brewer in support of #19 MOTION by Sgt. Brewer to Dismiss With Prejudice, re: #1 Complaint. (Murray, William)
April 19, 2022 Opinion or Order Filing 19 MOTION by Sgt. Brewer to Dismiss With Prejudice, re: #1 Complaint. Motion referred to Magistrate Judge Cheryl A. Eifert.(Murray, William)
April 11, 2022 Opinion or Order Filing 18 SUMMONS RETURNED EXECUTED by Personal Service for Keefe LLC, re: #1 Complaint. Keefe LLC served on 4/1/2022, answer due 4/22/2022. Summons served on Darlene Shaeffer. (jsa) (Modified on 4/11/2022 to add link to #1 complaint) (mkw).
April 11, 2022 Opinion or Order Filing 17 SUMMONS RETURNED EXECUTED by Personal Service for Betsy Gevidin, re: #1 Complaint. Betsy Gevidin (Jividen) served on 4/5/2022, answer due 4/26/2022. Summons served on Dave Farmer. (jsa) (Modified on 4/11/2022 to add link to #1 complaint) (mkw).
April 4, 2022 Opinion or Order Filing 16 SUMMONS RETURNED EXECUTED by Personal Service for Lt. Davis. Sgt. Grahm served on 3/30/2022 on behalf of Lt. Davis, answer due 4/20/2022. (jsa)
April 4, 2022 Opinion or Order Filing 15 SUMMONS RETURNED EXECUTED by Personal Service for Christopher Fleming. Sgt. Grahm served on 3/30/3022 on behalf of Christopher Fleming, answer due 4/20/2022. (jsa)
April 4, 2022 Opinion or Order Filing 14 SUMMONS RETURNED EXECUTED by Personal Service for Paul Diamond. Sgt. Grahm served on 3/29/2022 on behalf of Paul Diamond, answer due 4/19/2022. (jsa) (Modified on 4/4/2022 to add the name of the party served) (mkw).
April 4, 2022 Opinion or Order Filing 13 SUMMONS RETURNED EXECUTED by Personal Service for Sgt. Brewer. Sgt. Brewer served on 3/29/2022, answer due 4/19/2022. (jsa)
April 4, 2022 Opinion or Order Filing 12 SUMMONS RETURNED EXECUTED by Personal Service for Carl Aldridge. Carl Aldridge served on 3/29/2022, answer due 4/19/2022. (jsa)
April 4, 2022 Opinion or Order Filing 11 SUMMONS RETURNED EXECUTED by Personal Service for Nurse Regina LNU. Regina LNU served on 3/29/2022, answer due 4/19/2022. (jsa)
March 28, 2022 Opinion or Order CASE assigned to Judge Robert C. Chambers. (klc)
March 28, 2022 Opinion or Order Filing 10 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: counsel of record; any unrepresented party) (jsa)
March 28, 2022 Opinion or Order Filing 9 SUMMONS ISSUED by the Clerk on behalf of Andred Clinton Davis, Jr. for Nurse Regina, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Plaintiff for service. (jsa)
March 28, 2022 Opinion or Order Filing 8 SUMMONS ISSUED by the Clerk on behalf of Andred Clinton Davis, Jr. for Keefe LLC, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies returned to Plaintiff for service. (jsa)
March 28, 2022 Opinion or Order Filing 7 SUMMONS ISSUED by the Clerk on behalf of Andred Clinton Davis, Jr. for Sgt. Brewer, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Plaintiff for service. (jsa)
March 28, 2022 Opinion or Order Filing 6 SUMMONS ISSUED by the Clerk on behalf of Andred Clinton Davis, Jr. for Christopher Fleming, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Plaintiff for service. (jsa)
March 28, 2022 Opinion or Order Filing 5 SUMMONS ISSUED by the Clerk on behalf of Andred Clinton Davis, Jr. for Paul Diamond, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Plaintiff for service. (jsa)
March 28, 2022 Opinion or Order Filing 4 SUMMONS ISSUED by the Clerk on behalf of Andred Clinton Davis, Jr. for Carl Aldridge, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Plaintiff for service. (jsa)
March 28, 2022 Opinion or Order Filing 3 SUMMONS ISSUED by the Clerk on behalf of Andred Clinton Davis, Jr. for Betsy Gevidin, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Plaintiff for service. (jsa)
March 28, 2022 Opinion or Order Filing 2 SUMMONS ISSUED by the Clerk on behalf of Andred Clinton Davis, Jr. for Lt. Davis, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Plaintiff for service. (jsa)
March 28, 2022 Opinion or Order Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # HUNT005101. (Attachments: #1 Filing Fee Receipt, #2 Proposed Summons as to Lt. Davis, #3 Proposed Summons as to Betsy Gividen, #4 Proposed Summons as to Carl Aldridge, #5 Proposed Summons as to Paul Diamond, #6 Proposed Summons as to Christopher Fleming, #7 Proposed Summons as to Sgt. Brewer, #8 Proposed Summons as to Keefe LLC, #9 Proposed Summons as to Nurse Regina LNU) (jsa)

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Plaintiff: Andred Clinton Davis, Jr.
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Defendant: Betsy Gevidin
Represented By: Jaden P. Rhea
Represented By: William E. Murray
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Defendant: Carl Aldridge
Represented By: Jaden P. Rhea
Represented By: William E. Murray
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Defendant: Paul Diamond
Represented By: Jaden P. Rhea
Represented By: William E. Murray
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Defendant: Christopher Fleming
Represented By: Jaden P. Rhea
Represented By: William E. Murray
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Defendant: Keefe LLC
Represented By: Jason David Bowles
Represented By: Xavier W. Staggs
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Defendant: Sgt. Brewer
Represented By: Jaden P. Rhea
Represented By: William E. Murray
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Defendant: Nurse Regina LNU
Represented By: Anne Liles O'Hare
Represented By: D. C. Offutt, Jr.
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Defendant: Lt. Davis
Represented By: Jaden P. Rhea
Represented By: William E. Murray
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Defendant: Betsy Jividen
Represented By: Jaden P. Rhea
Represented By: William E. Murray
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