Malone et al v. McCoy et al

Plaintiff: Danny Lee Malone, William Skeens and Eugene Lane
Defendant: Officer McCoy, Southern Regional Jail and Officer James MaCoy
Case Number: 5:2019cv00050
Filed: February 12, 2019
Court: US District Court for the Southern District of West Virginia
0 Judge: Omar J Aboulhosn
1 Judge: Irene C Berger
Nature of Suit: Prisoner - (Prison Condition)
Cause of Action: 42:1983
Jury Demanded By: Defendant

Docket Report

This docket was last retrieved on March 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2019 Opinion or Order Filing 11 SCHEDULING ORDER: Discovery to be completed by 7/8/2019. Dispositive Motions due by 8/8/2019 with responses due by 9/9/2019 and replies due by 9/23/2019. Signed by Magistrate Judge Omar J. Aboulhosn on 3/8/2019. (cc: Plaintiff, Counsel of Record) (msa)
March 6, 2019 Filing 10 ANSWER TO #5 Amended Complaint With Jury Demand by James MaCoy. (Attachment: #1 Civil Cover Sheet)(Morgan, Kelly) (Modified on 3/7/2019 to add jury demand) (ts).
February 25, 2019 Opinion or Order Filing 9 ORDER: Directing the Clerk to open a new 42 U.S.C. Section 1983 civil action as to each Plaintiff Skeens and Plaintiff Lane and include therein a Copy of Plaintiff Malone's #2 Complaint and this Order; Directing that Plaintiffs Skeens and Lane have until 03/25/2019, for each to file a separate, Amended Complaint and further are NOTIFIED that they must either pay the Court's filing fee and administrative fee totaling $400.00 or file an Application to Proceed Without Prepayment of Fees by 03/25/2019. Signed by Magistrate Judge Omar J. Aboulhosn on 2/25/2019. (cc: Plaintiffs, Plaintiffs Skeens and Lane-form Complaint, IFP and Pro se Handbook) (msa)
February 19, 2019 Filing 8 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for James MaCoy, re: #5 Amended Complaint. Return Receipt Card signed by Robyn Robertson. James MaCoy served on 2/14/2019, answer due 3/7/2019. (msa)
February 12, 2019 Filing 7 SUMMONS ISSUED by the Clerk on behalf of Danny Lee Malone for Officer James MaCoy, re: #5 Amended Complaint, returnable 21 days. Original Summons delivered via Certified Mail Return Receipt for service. (Attachments: #1 Certified Mail Receipt) (btm)
February 12, 2019 Opinion or Order Filing 6 ORDER GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES: Granting Plaintiff's #1 APPLICATION to Proceed Without Prepayment of Fees; advising that, due to Plaintiff's lack of funds, the Court does not assess an initial partial filing fee; directing Plaintiff to make monthly payments of 20 percent of the preceding month's income credited to his prisoner's account, until he has paid the total filing fee of $350.00; ordering the Clerk to issues process in this case by preparing and serving a Summons and a copy of Plaintiff's #5 Amended Complaint upon the Defendant as specified in Rule 4 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Omar J. Aboulhosn on 2/12/2019. (cc: Plaintiff; counsel of record; Southern Regional Jail - Prisoner Accounts) (btm)
February 4, 2019 Filing 5 AMENDED COMPLAINT by Danny Lee Malone against Southern Regional Jail and Officer James MaCoy. (btm)
January 18, 2019 Filing 4 NOTICE: Notifying Plaintiff Malone of the following: that if he wishes to proceed with his Section 1983 claim, he should amend his Complaint to exclude Plaintiffs Skeens and Lane as Plaintiffs; that in amending his Complaint, it will be insufficient for him to simply refer to his prior Complaint, or additional documentation, or to incorporate the same by reference in the Amended Complaint; that a Section 1983 claims must be directed at a "person"; and that the Prison Litigation Reform Act, 42 U.S.C. Section 1997e(a)(1996), requires that inmates exhaust available administrative remedies prior to filing civil actions though the administrative process may not afford them the relief they might obtain through civil proceedings. Signed by Magistrate Judge Omar J. Aboulhosn on 1/18/2019. (cc: Plaintiff Malone - Copy of this Order and a form Complaint; Plaintiffs Skeens and Lane - Copy of this Order, a form Complaint and a blank Application to Proceed in Forma Pauperis) (btm)
January 17, 2019 CASE assigned to Judge Irene C. Berger. (klc)
January 17, 2019 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 Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (msa)
January 17, 2019 Filing 2 COMPLAINT. (msa)
January 17, 2019 Filing 1 APPLICATION by Danny Lee Malone to Proceed without Prepayment of Fees or Costs. Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa)

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Defendant: Officer McCoy
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Defendant: Southern Regional Jail
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Defendant: Officer James MaCoy
Represented By: Adam K. Strider
Represented By: Kelly C. Morgan
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Plaintiff: Danny Lee Malone
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Plaintiff: William Skeens
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Plaintiff: Eugene Lane
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