Jones v. West Virginia Department of Corrections and Rehabilitation et al
| Michael P. Jones |
| West Virginia Department of Corrections and Rehabilitation, Western Regional Jail, M. Bryant, Betsy Jividen, Carl Aldridge, C. Flemming, J. Moore, E. Adkins and J. Burdett |
| 3:2022cv00366 |
| August 30, 2022 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Robert C Chambers |
| Cheryl A Eifert |
| Prisoner - (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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Filing 59
ORDER granting Plaintiff's #54 MOTION for Order Allowing Plaintiff to Write Other Inmates, with the caveat that Plaintiff needs to abide by the policy directive; the policy directive requires, in part, that inmates receive written permission from the wardens of both facilities where the inmates are housed before inmates may correspond with each other; directing Defendant to not unreasonably withhold such permission. Signed by Magistrate Judge Cheryl A. Eifert on 1/27/2023. (cc: Plaintiff; counsel of record) (jsa)
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Filing 58
CERTIFICATE OF SERVICE by Michael P. Jones for Plaintiff's First Request for Production of Documents. (jsa)
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Filing 57
RESPONSE by E. Adkins, Carl Aldridge, M. Bryant, J. Burdett, C. Flemming, J. Moore, West Virginia Department of Corrections and Rehabilitation to #54 MOTION by Michael P. Jones for Order Allowing Plaintiff to Write Other Inmates. (Attachment: #1 Exhibit A)(Murray, William)
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Filing 56
ORDER directing Defendant West Virginia Division of Corrections and Rehabilitation to respond to Plaintiff's #54 MOTION for Order Allowing Plaintiff to write other inmates in order to obtain statements from them relevant to his claims in this case within 14 days of the date of this order. Signed by Magistrate Judge Cheryl A. Eifert on 12/30/2022. (cc: Plaintiff; counsel of record) (cla)
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Filing 55
RESPONSE by Michael P. Jones to the Court's #48 Scheduling Order, re: Initial Disclosure. (jsa)
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Filing 54
MOTION by Michael P. Jones for Order Allowing Plaintiff to Write Other Inmates. Motion referred to Magistrate Judge Cheryl A. Eifert. (jsa)
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Filing 53
NOTICE OF CHANGE OF ADDRESS by Michael P. Jones. (jsa)
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Filing 52
CERTIFICATE OF SERVICE by E. Adkins, Carl Aldridge, M. Bryant, C. Flemming, J. Moore, West Virginia Department of Corrections and Rehabilitation, Western Regional Jail for Rule 26(a)(1) Initial Disclosures. (Rhea, Jaden)
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Filing 51
Partial Filing Fee Received: $150.00, Receipt Number 3000151. (cla)
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Filing 50
WAIVER OF SERVICE EXECUTED. Waiver signed by Jaden P. Rhea on December 16, 2022. J. Burdett waiver mailed on 12/16/2022, answer due 2/14/2023. (Rhea, Jaden)
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Filing 49
NOTICE OF APPEARANCE by Jaden P. Rhea on behalf of E. Adkins, Carl Aldridge, M. Bryant, C. Flemming, J. Moore, West Virginia Department of Corrections and Rehabilitation, Western Regional Jail. (Rhea, Jaden)
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Filing 48
SCHEDULING ORDER directing that the parties shall file initial disclosures with the Clerk of Court on or before 12/30/2022, as more fully set forth herein. Joinder of Parties, amended pleadings due by 1/20/2023, with objections due within 14 days of receipt. Discovery requests to be completed by 3/17/2023 and all depositions by 6/16/2023; the parties may serve up to forty interrogatories on each party. Settlement negotiations by 6/23/2023, with a report of the outcome by 6/30/2023. Dispositive Motions except those filed under Rule 12(b) due by 7/19/2023; any response shall be filed no later than 8/4/2023, and reply memoranda are due on or before 8/18/2023. Signed by Magistrate Judge Cheryl A. Eifert on 11/30/2022. (cc: Plaintiff; counsel of record; any unrepresented party) (jsa)
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Filing 47
STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 11/30/2022; Court Reporter: CourtSmart. (cla)
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Filing 46
APPEAL OF MAGISTRATE JUDGE DECISION TO DISTRICT COURT by Michael P. Jones, re: #39 Order. (jsa)
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Filing 45
ORDER directing that an initial Status Conference is set for 11/30/2022 at 11:00 AM in Huntington before Magistrate Judge Cheryl A. Eifert; Plaintiff shall participate via video conference connection from the Huttonsville Correctional Center. Signed by Magistrate Judge Cheryl A. Eifert on 11/9/2022. (cc: Plaintiff; counsel of record; Warden, Huttonsville Correctional Center) (jsa)
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Filing 44
ORDER denying as moot Plaintiff's #43 MOTION for Extension of Time to File Response to #42 Answer to Amended Complaint. Signed by Magistrate Judge Cheryl A. Eifert on 11/9/2022. (cc: Plaintiff; counsel of record) (jsa)
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Filing 43
MOTION by Michael P. Jones for Extension of Time to File Response to #42 Answer to Amended Complaint to 12/30/2022. Motion referred to Magistrate Judge Cheryl A. Eifert. (jsa)
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Filing 42
ANSWER to #11 Amended Complaint by E. Adkins, Carl Aldridge, M. Bryant, C. Flemming, J. Moore, West Virginia Department of Corrections and Rehabilitation, Western Regional Jail; Jury demand. (Murray, William)
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Filing 41
Partial Filing Fee Received: $59.00, Receipt Number 3000098. (cla)
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Filing 40
Partial Filing Fee Received: $10, Receipt Number 3000097. (cla)
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Filing 39
ORDER denying Plaintiff's #38 MOTION asking the Court to order the Western Regional Jail and Correctional Facility to forward his mail; Plaintiff needs to request a form from the United States Postal Service officially changing his address and to also notify the Clerk of Court of any changes in his address. Signed by Magistrate Judge Cheryl A. Eifert on 10/27/2022. (cc: Plaintiff; counsel of record) (cla)
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Filing 38
MOTION by Michael P. Jones to Order Western Regional Jail to Forward Plaintiff's Mail. Motion referred to Magistrate Judge Cheryl A. Eifert. (cla)
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Filing 37
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon J. Moore, re: #11 Amended Complaint. J. Moore served on 10/5/2022, answer due 10/26/2022. Person Served: J. Moore, Unit Manager. (cla)
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Filing 36
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon C. Flemming, re: #11 Amended Complaint. C. Flemming served on 10/5/2022, answer due 10/26/2022. Person Served: C. Flemming, Major. (cla)
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Filing 35
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon M. Bryant, re: #11 Amended Complaint. M. Bryant served on 10/5/2022, answer due 10/26/2022. Person Served: M. Bryant, Staff. (cla)
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Filing 34
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon E. Adkins, re: #11 Amended Complaint. E. Adkins served on 10/5/2022, answer due 10/26/2022. Person Served: E. Adkins, Staff. (cla)
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Filing 33
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon West Virginia Department of Corrections and Rehabilitation, re: #11 Amended Complaint. West Virginia Department of Corrections and Rehabilitation served on 9/30/2022, answer due 10/21/2022. Person Served: Brad Douglas, Acting Commissioner. (cla)
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Filing 32
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Carl Aldridge, re: #11 Amended Complaint. Carl Aldridge served on 10/5/2022, answer due 10/26/2022. Person Served: Carl Aldridge, Superintendent. (cla)
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Filing 31
SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Western Regional Jail, re: #11 Amended Complaint. Western Regional Jail served on 10/5/2022, answer due 10/26/2022. Person Served: Carl Aldridge. (jsa)
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Filing 30
SUMMONS RETURNED UNEXECUTED BY U. S. MARSHAL as to J. Burdett re: #11 Amended Complaint. Returned unexecuted on 10/3/2022. (jsa)
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Filing 29
SUMMONS RETURNED UNEXECUTED BY U. S. MARSHAL as to Betsy Jividen re: #11 Amended Complaint. Returned unexecuted on 9/30/2022. (jsa)
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Filing 28
SUMMONS ISSUED by the Clerk on behalf of Michael P. Jones for J. Burdett, re: #11 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 27
SUMMONS ISSUED by the Clerk on behalf of Michael P. Jones for E. Adkins, re: #11 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 26
SUMMONS ISSUED by the Clerk on behalf of Michael P. Jones for M. Bryant, re: #11 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 25
SUMMONS ISSUED by the Clerk on behalf of Michael P. Jones for J. Moore, re: #11 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 24
SUMMONS ISSUED by the Clerk on behalf of Michael P. Jones for C. Flemming, re: #11 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 23
SUMMONS ISSUED by the Clerk on behalf of Michael P. Jones for Carl Aldridge, re: #11 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 22
SUMMONS ISSUED by the Clerk on behalf of Michael P. Jones for Betsy Jividen, re: #11 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
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Filing 21
SUMMONS ISSUED by the Clerk on behalf of Michael P. Jones for Western Regional Jail, re: #11 Amended Complaint, returnable 21 days. Original Summons and 2 copies delivered to U.S. Marshals for service. (jsa)
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Filing 20
SUMMONS ISSUED by the Clerk on behalf of Michael P. Jones for West Virginia Department of Corrections and Rehabilitation, re: #11 Amended Complaint, returnable 21 days. Original Summons and 2 copies delivered to U.S. Marshals for service. (jsa)
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Filing 19
Partial Filing Fee Received: $10.00, Receipt Number 3000071. (cla)
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Filing 18
ORDER granting Plaintiff's #17 MOTION to Extend Initial Partial Filing Fee Date; Plaintiff shall have thirty (30) days upon receipt of this Order in which to pay the initial filing fee of $10.00; upon receipt of the initial filing fee of $10.00, the Clerk of Court is directed to issue a summons for each named defendant in the amended complaint and provide the summonses and amended complaint to the United States Marshals Service, who is directed to serve the summonses and amended complaint on each defendant, or his/her designated agent for service of process. Signed by Magistrate Judge Cheryl A. Eifert on 9/28/2022. (cc: Plaintiff; USM; Administrator of the Huttonsville Correctional Center) (jsa)
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Filing 17
MOTION by Michael P. Jones to Extend Initial Partial Filing Fee Date. Motion referred to Magistrate Judge Cheryl A. Eifert. (jsa)
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Filing 16
LETTER to Michael P. Jones, from Rory L. Perry II dated 9/20/2022, re: #14 Motion/Letter updating mailing address and requesting copy of Amended Complaint. (klc)
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Filing 14
MOTION/LETTER to Clerk, USDC/SDWV, from Michael Jones received 9/19/2022, re: copy of amended complaint. (jsa)
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Filing 13
MOTION/NOTICE OF CHANGE OF ADDRESS by Michael P. Jones. (jsa)
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Filing 12
ORDER re: #11 Amended Complaint; directing that upon receipt of the initial filing fee of $10.00, the Clerk of Court is to issue a summons for each named defendant in the amended complaint and provide the summonses and amended complaint to the United States Marshals Service, who is directed to serve the summonses and amended complaint on each defendant, or his/her designated agent for service of process; the Marshals Service shall promptly file the proofs of service with the Clerk. Signed by Magistrate Judge Cheryl A. Eifert on 9/13/2022. (cc: Plaintiff; USMS; Administrator of the Western Regional Jail and Correctional Facility) (cla)
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Filing 11
AMENDED COMPLAINT by Michael P. Jones against West Virginia Department of Corrections and Rehabilitation, Western Regional Jail, Betsy Jividen, Carl Aldridge, C. Flemming, J. Moore, M. Bryant, E. Adkins, J. Burdett. (jsa)
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Filing 10
MEMORANDUM OPINION AND ORDER denying Plaintiff's #6 MOTION for Appointment of Counsel. Signed by Magistrate Judge Cheryl A. Eifert on 8/31/2022. (cc: Plaintiff; counsel of record; any unrepresented party) (jsa)
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CASE assigned to Judge Robert C. Chambers. (klc)
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Filing 9
LETTER to Michael Jones from Clerk SDWV dated 8/30/2022, re: reply for request of local rules and procedures; enclosed are Pro Se Handbook and Local Rules of Procedure. (cla)
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Filing 8
VERIFICATION by Michael P. Jones in support of #3 Complaint. (jsa)
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Filing 7
LETTER to Clerk, USDC/SDWV, from Michael Jones received 8/30/2022, re: request for local rules, policies, and procedures relating to civil suits. (cla)
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Filing 6
MOTION by Michael P. Jones for Appointment of Counsel. Motion referred to Magistrate Judge Cheryl A. Eifert. (jsa)
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Filing 5
ORDER granting Plaintiffs' #2 APPLICATION to Proceed Without Prepayment of Fees or Costs; directing Plaintiff to make an initial partial filing fee payment of $10.00 on or before 10/5/2022 and to make monthly payments beginning on 11/5/2022, 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; upon receipt of the initial filing fee of $10.00, the Clerk of Court is directed to issue a summons for each named defendant and 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 8/30/2022. (cc: Plaintiff; USM; Administrator of the Western Regional Jail and Correctional Facility) (jsa)
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Filing 4
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)
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Filing 3
COMPLAINT. (jsa)
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Filing 2
APPLICATION by Michael P. Jones to Proceed without Prepayment of Fees or Costs. (jsa)
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Filing 1
MEMORANDUM OPINION and ORDER directing the Clerk to open a new civil action for Michael P. Jones, styled Michael P. Jones v. West Virginia Department of Corrections and Rehabilitation, Western Regional Jail, and M. Bryant; once the new civil action is open, Michael P. Jones shall be terminated as a party in Civil Action 3:22-cv-00364; in the newly-opened action, this Order shall be docketed, followed by the Complaint filed herein, and the Standing Order in Re Assignment of Magistrate Judges. Signed by Magistrate Judge Cheryl A. Eifert on 8/30/2022. (cc: Plaintiff) (jsa)
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