Jackson v. Moore et al
Plaintiff: Mark Anthony Jackson, II
Defendant: Unit Manager Moore, Active Superintendent, Betsy Jividen, Secretary of State WV and Sgt. Petticrew
Case Number: 3:2022cv00452
Filed: October 27, 2022
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 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2022 Opinion or Order Filing 25 RESPONSE by Mark Anthony Jackson, II to #20 MOTION by Secretary of State WV to Dismiss Secretary of State With Prejudice, re: #2 Complaint. (jsa)
December 21, 2022 Opinion or Order Filing 24 MEMORANDUM OF LAW by Active Superintendent, Betsy Jividen, Moore, Petticrew in support of #23 MOTION by Active Superintendent, Betsy Jividen, Moore, Petticrew to Dismiss Without Prejudice, re: #2 Complaint. (Tyler, Jodi)
December 21, 2022 Opinion or Order Filing 23 MOTION by Active Superintendent, Betsy Jividen, Moore, Petticrew to Dismiss Without Prejudice, re: #2 Complaint. Motion referred to Magistrate Judge Cheryl A. Eifert. (Attachments: #1 Exhibit, #2 Exhibit) (Tyler, Jodi)
December 19, 2022 Opinion or Order Filing 22 ORDER directing that the Plaintiff has through and including 1/21/2023 to file a response to the #20 MOTION by Secretary of State WV to Dismiss Secretary of State With Prejudice; following service of Plaintiff's response, if such is filed, Defendant shall have 10 days within which to reply. Signed by Magistrate Judge Cheryl A. Eifert on 12/19/2022. (cc: Plaintiff; counsel of record) (cla)
December 17, 2022 Opinion or Order Filing 21 MEMORANDUM OF LAW by Secretary of State WV in support of #20 MOTION by Secretary of State WV to Dismiss Secretary of State With Prejudice, re: #2 Complaint. (Capehart, Curtis)
December 17, 2022 Opinion or Order Filing 20 MOTION by Secretary of State WV to Dismiss Secretary of State With Prejudice, re: #2 Complaint. Motion referred to Magistrate Judge Cheryl A. Eifert.(Capehart, Curtis) (Modified on 12/19/2022 to add link to #2 complaint) (mkw).
December 8, 2022 Opinion or Order Filing 19 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Unit Manager Moore, re: #2 Complaint. Unit Manager Moore served on 12/2/2022, answer due 12/23/2022. Person Served: Jo Moore. (jsa)
December 8, 2022 Opinion or Order Filing 18 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Active Superintendent, re: #2 Complaint. Active Superintendent served on 12/2/2022, answer due 12/23/2022. Person Served: Carl Aldridge. (jsa)
December 8, 2022 Opinion or Order Filing 17 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Sgt. Petticrew, re: #2 Complaint. Sgt. Petticrew served on 12/2/2022, answer due 12/23/2022. Person Served: Zachary Petticrew. (jsa)
December 1, 2022 Opinion or Order Filing 16 SUMMONS RETURNED UNEXECUTED BY U. S. MARSHAL as to Betsy Jividen re: #2 Complaint. Returned unexecuted on 11/29/2022. (jsa)
December 1, 2022 Opinion or Order Filing 15 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Secretary of State WV, re: #2 Complaint. Secretary of State WV served on 11/29/2022, answer due 12/20/2022. Person Served: Chuck Flannery, Chief of Staff. (jsa)
October 28, 2022 Opinion or Order Filing 14 SUMMONS ISSUED by the Clerk on behalf of Mark Anthony Jackson, II, for Sgt. Petticrew, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (cla)
October 28, 2022 Opinion or Order Filing 13 SUMMONS ISSUED by the Clerk on behalf of Mark Anthony Jackson, II, for Secretary of State WV, unknown, re: #2 Complaint, returnable 21 days. Original Summons and 2 copies delivered to U.S. Marshals for service. (cla)
October 28, 2022 Opinion or Order Filing 12 SUMMONS ISSUED by the Clerk on behalf of Mark Anthony Jackson, II, for Betsy Jividen, Commissioner, WVDOC, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (cla)
October 28, 2022 Opinion or Order Filing 11 SUMMONS ISSUED by the Clerk on behalf of Mark Anthony Jackson, II for Active Superintendent, name unknown, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (cla)
October 28, 2022 Opinion or Order Filing 10 SUMMONS ISSUED by the Clerk on behalf of Mark Anthony Jackson, II, for Unit Manager Moore, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (cla)
October 27, 2022 Opinion or Order Filing 9 ORDER granting Plaintiff's #1 Application to Proceed Without Prepayment of Fees and Costs; directing Plaintiff to make monthly payments beginning on 12/5/2022 equal to 20 percent of the preceding month's income credited to his prisoner account until the full filing fee of $350.00 has been paid; these payments shall be due by the fifth day of each month thereafter; directing and noticing 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; further directing the Clerk of Court to issue a summons for the named defendants; directing the United States Marshals Service to serve the summons and complaint on the defendants, or their designated agents 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 10/27/2022. (cc: Plaintiff; USM; Administrator, Western Regional Jail and Correctional Facility) (cla)
October 27, 2022 Opinion or Order Filing 8 APPLICATION by Mark Anthony Jackson, II to Proceed without Prepayment of Fees or Costs. Motion referred to Magistrate Judge Cheryl A. Eifert. (cla)
October 27, 2022 Opinion or Order Filing 7 COMPLETED CERTIFICATE received by Melissa Romans, Procurement Associate, at the Western Regional Jail & Correctional Facility on behalf of Mark Anthony Jackson, II, re: #1 APPLICATION by Mark Anthony Jackson, II to Proceed without Prepayment of Fees or Costs. (mkw)
October 20, 2022 Opinion or Order Filing 6 ORDER as to Mark Anthony Jackson, II re: #1 APPLICATION to Proceed without Prepayment of Fees or Costs; the Application cannot be considered until the institution's certificate is completed. Plaintiff shall renew his request to the institution for completion of the certificate and shall file a grievance if necessary. If the certificate is not completed by the institution and returned to Plaintiff before 11/3/2022, he shall notify the Court. Plaintiff is reminded of his obligation to advise the Clerk of Court of any changes in his address. No action will be taken on his complaint until the Application is completed and accepted by the Court. Signed by Magistrate Judge Cheryl A. Eifert on 10/20/2022. (cc: Plaintiff; Superintendent, Western Regional Jail and Correctional Facility) (cla)
October 14, 2022 Opinion or Order CASE assigned to Judge Robert C. Chambers. (klc)
October 14, 2022 Opinion or Order Filing 5 LETTER to Mark Anthony Jackson, II, from Clerk, USDC/SDWV dated 10/12/2022, re: copy of docket sheet. (cla)
October 14, 2022 Opinion or Order Filing 4 LETTER to Clerk, USDC/SDWV, from Mark Anthony Jackson, II dated 10/12/2022, re: copy of docket sheet. (cla)
October 14, 2022 Opinion or Order 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) (cla)
October 14, 2022 Opinion or Order Filing 2 COMPLAINT. (cla) (Modified on 10/14/2022 to replace image) (mk).
October 14, 2022 Opinion or Order Filing 1 APPLICATION by Mark Anthony Jackson, II, to Proceed without Prepayment of Fees or Costs. (cla)
October 14, 2022 Opinion or Order NOTICE OF DOCKET CORRECTION re: #2 Complaint. ERROR: Incorrect image attached. CORRECTION: Image replaced. (mk)

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Search for this case: Jackson v. Moore et al
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Plaintiff: Mark Anthony Jackson, II
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Defendant: Unit Manager Moore
Represented By: Jodi B. Tyler
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Defendant: Active Superintendent
Represented By: Jodi B. Tyler
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Defendant: Betsy Jividen
Represented By: Jodi B. Tyler
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Defendant: Secretary of State WV
Represented By: Curtis R. Capehart
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Defendant: Sgt. Petticrew
Represented By: Jodi B. Tyler
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