Mack v. Turner et al
| Bennie Austin Mack, Jr. |
| Charles Turner, Travis Elmore, Charles E. Samuels, Jr., Joel Coakley, David LeMaster and E. Stock |
| 5:2015cv03589 |
| March 25, 2015 |
| US District Court for the Southern District of West Virginia |
| Beckley Office |
| Raleigh |
| Irene C. Berger |
| R. Clarke VanDervort |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
108
MEMORANDUM OPINION AND ORDER: The Court ORDERS that the Plaintiff's 105 MOTION for Reconsideration of the Court's 104 Order of Dismissal for Failure to Prosecute Based on Plaintiff's Excusable Neglect be DENIED. Signed by Judge Irene C. Berger on 3/3/2017. (cc: attys; any unrepresented party) (slr)
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Filing
101
ORDER: After thorough review and careful consideration, the Court ORDERS that the Defendants' 92 Objections to Report and Recommendation be OVERRULED and that the Magistrate Judge's 91 Proposed Findings and Recommendation be ADOPTED. The Court further ORDERS that Defendant Stock's 66 Motion for Summary Judgment, Defendant Elmore's 68 Motion for Summary Judgment, and Defendant Turner's 70 Motion for Summary Judgment be DENIED. Signed by Judge Irene C. Berger on 01/18/2017. (cc: attys; any unrepresented party) (msa)
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Filing
54
MEMORANDUM OPINON AND ORDER: The Court ORDERS that Plaintiff's 42 REQUEST for Reconsideration of Court's 3/14/16 Order Denying Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Document 25) Based on New Evidence, and the Plaintiff's 46 REQUEST for Access to the Courts be DENIED. Signed by Judge Irene C. Berger on 4/29/2016. (cc: attys; any unrepresented party) (slr)
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Filing
40
MEMORANDUM OPINION AND ORDER: The Court ORDERS that the Plaintiff's 38 Objections to 32 Proposed Findings and Recommendations of Magistrate Judge be SUSTAINED IN PART AND OVERRULED IN PART; the Court ORDERS that the Defendants' 18 Mot ion to Dismiss, or in the Alternative, Motion for Summary Judgment be GRANTED as to all claims against any Defendant in his or her official capacity, all claims against Defendants Charles E. Samuels, Joel Coakley, and David LeMaster, and all tort cla ims; however, the Court ORDERS that the motion be DENIED as to the Bivens claims asserted against Defendants Charles Turner, Travis Elmore, and Erica Stock; the Court ORDERS that the Plaintiff's 24 Request to Enter the Default of Defendants Ch arles Turner, Et. Al. be DENIED and that the Plaintiff's 25 Motion for Temporary Restraining Order and Preliminary Injunction be DENIED; the Court ORDERS that this matter be REFERRED to the Honorable Omar J. Aboulhosn for presentation of evidence and submission of Proposed Findings and Recommendation with respect to the Plaintiff's Bivens claims. Signed by Judge Irene C. Berger on 3/14/2016. (cc: Magistrate Judge Aboulhosn; attys; any unrepresented party) (slr)
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