Baisi v. Hoffman et al
Plaintiff: Vincent Gregory Baisi
Defendant: Heather Grimmett, Travis Hoffman, Attorney General Patrick Morrissey and Governor Jim Justice
Case Number: 3:2024cv00400
Filed: August 5, 2024
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Omar J Aboulhosn
Referring Judge: Robert C Chambers
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2024 Opinion or Order Filing 38 REPLY by Travis Hoffman to #36 Response In Opposition. (Fuller, John)
September 30, 2024 Opinion or Order Filing 37 ORDER directing that Plaintiff's response to the #32 MOTION by Heather Grimmett to Dismiss #10 Amended Complaint shall be filed with the Clerk of this Court on or before 10/30/2024; following service of Plaintiff's response, if such is filed, Defendant will have seven (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 9/30/2024. (cc: Plaintiff; counsel of record) (jsa)
September 27, 2024 Opinion or Order Filing 36 RESPONSE by Vincent Gregory Baisi in opposition to #28 MOTION by Travis Hoffman to Dismiss With Prejudice, re: #10 Amended Complaint. (Attachment: #1 Envelope) (kew)
September 27, 2024 Opinion or Order Filing 35 AMENDED MEMORANDUM OF LAW by Heather Grimmett in support of #32 MOTION by Heather Grimmett to Dismiss #10 Amended Complaint (Bailey, Charles)
September 27, 2024 Opinion or Order Filing 34 RESPONSE by Vincent Gregory Baisi in opposition to #22 MOTION by Jim Justice to Dismiss With Prejudice and #25 MOTION by Patrick Morrissey to Dismiss With Prejudice. (Attachment: #1 Envelope) (kew)
September 26, 2024 Opinion or Order Filing 33 MEMORANDUM OF LAW by Heather Grimmett in support of #32 MOTION by Heather Grimmett to Dismiss #10 Amended Complaint. (Bailey, Charles)
September 26, 2024 Opinion or Order Filing 32 MOTION by Heather Grimmett to Dismiss #10 Amended Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Bailey, Charles) (Modified on 9/26/2024 to add link to #10 amended complaint) (ts).
September 23, 2024 Opinion or Order Filing 31 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Heather Grimmett, re: #2 Complaint. Heather Grimmett served on 9/19/2024, answer due 10/10/2024. (skm)
September 23, 2024 Opinion or Order Filing 30 ORDER directing that Plaintiff's response to Defendant Hoffman's #28 MOTION to Dismiss shall be filed with the Clerk of this Court on or before 10/18/2024; following service of Plaintiff's response to Defendant's Motion, if such is filed, Defendant will have seven (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 9/23/2024. (cc: Plaintiff; counsel of record) (jsa)
September 18, 2024 Opinion or Order Filing 29 MEMORANDUM OF LAW by Travis Hoffman in support of #28 MOTION by Travis Hoffman to Dismiss With Prejudice, re: #10 Amended Complaint. (Bailey, Charles)
September 18, 2024 Opinion or Order Filing 28 MOTION by Travis Hoffman to Dismiss With Prejudice, re: #10 Amended Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Attachment: #1 Exhibit A) (Bailey, Charles)
September 13, 2024 Opinion or Order Filing 27 ORDER directing that Plaintiff's response to Defendants Justice and Morrissey's #22 and #25 MOTIONS to Dismiss shall be filed with the Clerk of this Court on or before 10/15/2024; 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. Signed by Magistrate Judge Omar J. Aboulhosn on 9/13/2024. (cc: Plaintiff; counsel of record) (jsa)
September 12, 2024 Opinion or Order Filing 26 MEMORANDUM OF LAW by Patrick Morrissey in support of #25 MOTION by Patrick Morrissey to Dismiss With Prejudice, re: Plaintiff's #10 Amended Complaint in Lieu of an Answer. (Williams, Chip)
September 12, 2024 Opinion or Order Filing 25 MOTION by Patrick Morrissey to Dismiss With Prejudice, re: Plaintiff's #10 Amended Complaint in Lieu of an Answer. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Williams, Chip)
September 12, 2024 Opinion or Order Filing 24 NOTICE OF ATTORNEY APPEARANCE by Chip E. Williams and Jared C. Underwood on behalf of Patrick Morrissey. (Williams, Chip) (Modified on 9/12/2024 to add the name of additional attorney appearance) (mkw).
September 12, 2024 Opinion or Order Filing 23 MEMORANDUM OF LAW by Jim Justice in support of #22 MOTION by Jim Justice to Dismiss With Prejudice, re: #10 Amended Complaint in Lieu of an Answer. (Williams, Chip)
September 12, 2024 Opinion or Order Filing 22 MOTION by Jim Justice to Dismiss With Prejudice, re: #10 Amended Complaint in Lieu of an Answer. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Williams, Chip)
September 12, 2024 Opinion or Order Filing 21 NOTICE OF APPEARANCE by Jared C. Underwood on behalf of Jim Justice. (Underwood, Jared)
September 12, 2024 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Chip E. Williams on behalf of Jim Justice. (Williams, Chip)
September 12, 2024 Opinion or Order Filing 19 Partial Filing Fee Received: $4.00, Receipt Number 2002979. (skm)
September 6, 2024 Opinion or Order Filing 18 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Jim Justice, re: #2 Complaint, #10 Amended Complaint. Jim Justice served on 8/30/2024, answer due 9/20/2024. Person Served: Megan Duran, Receptionist. (jsa)
September 6, 2024 Opinion or Order Filing 17 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Patrick Morrissey, re: #2 Complaint, #10 Amended Complaint. Patrick Morrissey served on 8/30/2024, answer due 9/20/2024. Person Served: Steven Travis, General Counsel. (jsa)
September 6, 2024 Opinion or Order Filing 16 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Travis Hoffman, re: #2 Complaint. Travis Hoffman served on 8/29/2024, answer due 9/19/2024. (jsa)
September 4, 2024 Opinion or Order Filing 15 CLERK'S ORDER. For reasons appearing to the court, the referral of this civil action for total pretrial management and submission of proposed Findings of Fact and Recommendations for Disposition is transferred from Magistrate Judge Joseph Keith Reeder to Magistrate Judge Omar J. Aboulhosn. Signed by Clerk of Court Rory L. Perry II on 9/4/2024. (cc: counsel of record; any unrepresented party) (klc)
September 3, 2024 Opinion or Order Filing 14 CLERK'S ORDER. Due to the retirement of Magistrate Judge Cheryl A. Eifert, the above-styled civil action is referred to Honorable Joseph Keith Reeder for Findings of Fact and Recommendations for disposition. Signed by Clerk of Court Rory L. Perry II on 9/3/2024. (cc: counsel of record; any unrepresented party) (klc)
August 22, 2024 Opinion or Order Filing 13 SUMMONS ISSUED by the Clerk on behalf of Vincent Gregory Baisi for Jim Justice, re: #2 Complaint, #10 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
August 22, 2024 Opinion or Order Filing 12 SUMMONS ISSUED by the Clerk on behalf of Vincent Gregory Baisi for Patrick Morrissey, re: #2 Complaint, #10 Amended Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
August 22, 2024 Opinion or Order Filing 11 ORDER directing the Clerk to issue summonses for Defendants Patrick Morrissey and Governor Jim Justice pursuant to Plaintiff's filing of the #10 Amended Complaint; the Clerk shall provide the summonses and copies of the Complaint and Amended Complaint to the United States Marshals Service, who is directed to serve the summonses and complaints on Defendants Morrissey and Justice, or their designated agent for service. Signed by Magistrate Judge Cheryl A. Eifert on 8/22/2024. (cc: Plaintiff; USM) (jsa)
August 21, 2024 Opinion or Order Filing 10 AMENDED COMPLAINT by Vincent Gregory Baisi against Heather Grimmett, Travis Hoffman, Patrick Morrissey, Jim Justice. (Attachment: #1 Envelope) (jsa)
August 20, 2024 Opinion or Order Filing 9 MEMORANDUM OPINION AND ORDER denying Plaintiff's #3 MOTION for Appointment of Counsel; advising Plaintiff that is the circumstances of the case change he can renew his request for counsel. Signed by Magistrate Judge Cheryl A. Eifert on 8/20/2024. (cc: Plaintiff) (jsa)
August 19, 2024 Opinion or Order Filing 8 SUMMONS ISSUED by the Clerk on behalf of Vincent Gregory Baisi for Heather Grimmett, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
August 19, 2024 Opinion or Order Filing 7 SUMMONS ISSUED by the Clerk on behalf of Vincent Gregory Baisi for Travis Hoffman, re: #2 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)
August 19, 2024 Opinion or Order Filing 6 Partial Filing Fee Received: $4.00, Receipt Number 3000642. (jsa)
August 7, 2024 Opinion or Order Filing 5 MEMORANDUM OPINION AND ORDER granting Plaintiff's #1 APPLICATION to Proceed without Prepayment of Fees and Costs; directing Plaintiff to make an initial payment of $4.00 on or before 9/5/2024 and to make monthly payments thereafter, as more fully set forth herein; further 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; directing the Clerk of Court, upon receipt of the initial partial filing fee payment of $4.00, to issue a summons for Defendants Hoffman and Grimmett; directing the United States Marshals Service to serve the summons and complaint on Defendants Hoffman and Grimmett, or their designated agent for service; directing Plaintiff to amend his #2 Complaint within forty-five (45) days and cure the deficiencies in pleading as indicated herein; notifying Plaintiff that no action will occur on his case until the initial partial filing fee is paid and he is obligated as a pro se plaintiff to promptly advise the Clerk of Court of any changes in his address. Signed by Magistrate Judge Cheryl A. Eifert on 8/7/2024. (cc: Plaintiff; Western Regional Jail Administrator; USM) (skm)
August 5, 2024 Opinion or Order CASE assigned to Judge Robert C. Chambers. (klc)
August 5, 2024 Opinion or Order 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 and any pro se party) (skm)
August 5, 2024 Opinion or Order Filing 3 MOTION by Vincent Gregory Baisi for Appointment of Counsel. (Attachment: #1 Envelope) (skm)
August 5, 2024 Opinion or Order Filing 2 COMPLAINT. (Attachment: #1 Envelope) (skm)
August 5, 2024 Opinion or Order Filing 1 APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND COSTS by Vincent Gregory Baisi. (Attachment: #1 WVDCR Resident Average Balance Statement, #2 Envelope) (skm) (Modified on 8/5/2024 to add attachment #2) (ts).
August 5, 2024 Opinion or Order NOTICE OF DOCKET CORRECTION re: #1 Application to Proceed Without Prepayment of Fees and Costs by Vincent Gregory Baisi. ERROR: Attachment #2 inadvertently omitted. CORRECTION: Attachment #2 added. (ts)

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Defendant: Heather Grimmett
Represented By: Charles R. Bailey
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Defendant: Travis Hoffman
Represented By: John P. Fuller
Represented By: Charles R. Bailey
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Defendant: Attorney General Patrick Morrissey
Represented By: Jared C. Underwood
Represented By: Chip E. Williams
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Defendant: Governor Jim Justice
Represented By: Jared C. Underwood
Represented By: Chip E. Williams
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Plaintiff: Vincent Gregory Baisi
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