Saunders v. Raleigh County et al
| Rayco Saunders |
| Charles R. Humphreys, The Honorable Adam Dimlich, T A Bowers, City of Beckley, Scott E. Johnson, Kristen Keller, Donnie R. White, Raleigh County, Brian Parsons, Tomi S. Peck, Southern Regional Jail, West Virginia Department of Military Affairs and Public Safety and Thee County Commission of Raleigh County |
| 5:2020cv00221 |
| March 27, 2020 |
| US District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| Frank W Volk |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 29, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 59 PROPOSED FINDINGS AND RECOMMENDATION directing that Defendants #51 , #53 , #55 and #57 Motions to Dismiss are DENIED as MOOT; RECOMMENDING that the District Court GRANT the Defendants' #35 , #38 , #41 , #44 and #46 Motions to Dismiss, DISMISS Plaintiff's #3 Complaint WITH PREJUDICE, and remove this matter from the Court's docket. This case no longer referred to Magistrate Judge Omar J. Aboulhosn. If the PF&R was served electronically, Objections are due by 6/1/2020. If the PF&R was served by mail, Objections are due by 6/4/2020. Signed by Magistrate Judge Omar J. Aboulhosn on 5/18/2020. (Attachments: #1 Raleigh County Circuit Court Order - referenced in Footnote #29) (cc: Plaintiff - pro se; counsel of record) (btm) |
| Filing 58 MEMORANDUM OF LAW by Adam Dimlich, Charles R. Humphreys, Scott E. Johnson, Tomi S. Peck, Southern Regional Jail in support of #57 MOTION by Adam Dimlich, Charles R. Humphreys, Scott E. Johnson, Tomi S. Peck, Southern Regional Jail to Dismiss #50 Amended Complaint (Buck, Thomas) |
| Filing 57 MOTION by Adam Dimlich, Charles R. Humphreys, Scott E. Johnson, Tomi S. Peck, Southern Regional Jail to Dismiss #50 Amended Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Buck, Thomas) |
| Filing 56 MEMORANDUM OF LAW by Kristen Keller, Brian Parsons, Raleigh County in support of #55 MOTION by Kristen Keller, Brian Parsons, Raleigh County to Dismiss With Prejudice re: #50 Amended Complaint (Flanagan, J.) |
| Filing 55 MOTION by Kristen Keller, Brian Parsons, Raleigh County to Dismiss With Prejudice re: #50 Amended Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Flanagan, J.) M |
| Filing 54 MEMORANDUM OF LAW by T A Bowers, Donnie R. White in support of #53 MOTION by T A Bowers, Donnie R. White to Dismiss #50 Amended Complaint (Ryan, Robert) |
| Filing 53 MOTION by T A Bowers, Donnie R. White to Dismiss #50 Amended Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Ryan, Robert) (Modified on 5/8/2020 to add link to #50 amended complaint)(ts). |
| Filing 52 MEMORANDUM OF LAW by City of Beckley in support of #51 MOTION by City of Beckley to Dismiss #50 Amended Complaint (Williams, Chip) |
| Filing 51 MOTION by City of Beckley to Dismiss #50 Amended Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Williams, Chip) |
| Filing 50 AMENDED COMPLAINT by Rayco Saunders against Raleigh County, Thee County Commission of Raleigh County, City of Beckley, West Virginia Department of Military Affairs and Public Safety, Southern Regional Jail, Trooper T A Bowers, Donnie R. White, Assistant Attorney General Scott E. Johnson, Judge Adam Dimlich, Tomi S. Peck, Charles R. Humphreys, Brian Parsons APA, Kristen Keller PA. (Attachments: #1 Proposed Order, #2 Exhibit Part 1, #3 Exhibit Part 2 - CD in Envelope, #4 Exhibit Part 3, #5 Envelope) (btm) |
| NOTICE OF DOCKET CORRECTION re: #38 Motion to Dismiss #3 Complaint. ERROR: Incomplete image attached. CORRECTION: Image replaced. (ts) |
Filing 48
ORDER directing that if Plaintiff chooses to file a response in opposition to the #46 MOTION by Kristen Keller, Brian Parsons, Raleigh County to Dismiss in Lieu of an Answer, it shall be filed with the Clerk of Court on or before 4/24/2020; following service of Plaintiff's response to Defendants' Motion, Defendants will have seen (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 4/10/2020. (cc: Plaintiff-pro se; counsel of record) (msa)
|
| Filing 47 MEMORANDUM OF LAW by Kristen Keller, Brian Parsons, Raleigh County in support of #46 MOTION by Kristen Keller, Brian Parsons, Raleigh County to Dismiss #3 Complaint (Flanagan, J.) |
| Filing 46 MOTION by Kristen Keller, Brian Parsons, Raleigh County to Dismiss #3 Complaint. (Attachment: #1 Exhibit A) Motion referred to Magistrate Judge Omar J. Aboulhosn.(Flanagan, J.) (Modified on 4/10/2020 to add link to #3 complaint) (ts). |
|
Filing 45
ORDER directing that if Plaintiff chooses to file a response in opposition to Defendants, Sgt. T.A. Bowers' and Cpl. D.R. White's #44 MOTION to Dismiss, it shall be filed with the Clerk of this Court by 4/24/2020; following service of Plaintiff's response to Defendants' Motion, if such is filed, Defendants will have 7 business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 4/10/2020. (cc: Plaintiff - pro se; counsel of record) (btm)
|
| Filing 49 MEMORANDUM OF LAW by T A Bowers, Donnie R. White in support of #44 MOTION by T A Bowers, Donnie R. White to Dismiss #3 Complaint. (ts) |
| Filing 44 MOTION by T A Bowers, Donnie R. White to Dismiss #3 Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Ryan, Robert) (Modified on 4/10/2020 to add link to #3 complaint and to remove memorandum of law and file as ECF #49) (ts). |
|
Filing 43
ORDER directing that if Plaintiff chooses to file a response in opposition to Defendant City of Beckley's #41 Amended Motion to Dismiss in Lieu of an Answer, it shall be filed with the Clerk of this Court by 4/23/2020; following service of Plaintiff's response to Defendant's Motion, if such is filed, Defendant will have 7 business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 4/9/2020. (cc: Plaintiff - pro se; counsel of record) (btm)
|
| Filing 42 NOTICE of Withdrawal by Edward A. Miller of Appearance by City of Beckley (Miller, Edward) |
| Filing 41 AMENDED MOTION by City of Beckley to Dismiss re: #35 MOTION by City of Beckley to Dismiss With Prejudice re: #3 Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Williams, Chip) |
|
Filing 40
ORDER: Directing the Plaintiff to file any response to the #38 MOTION by Adam Dimlich, Charles R. Humphreys, Scott E. Johnson, Tomi S. Peck, and Southern Regional Jail to Dismiss With Prejudice, on or before 4/22/2020; directing that Defendants will have seven (7) business days within which to reply. Signed by Magistrate Judge Omar J. Aboulhosn on 4/8/2020. (cc: Plaintiff, pro se; counsel of record) (slr)
|
| Filing 39 MEMORANDUM OF LAW by Adam Dimlich, Charles R. Humphreys, Scott E. Johnson, Tomi S. Peck, Southern Regional Jail in support of #38 MOTION by Adam Dimlich, Charles R. Humphreys, Scott E. Johnson, Tomi S. Peck, Southern Regional Jail to Dismiss #3 Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Buck, Thomas) |
| Filing 38 MOTION by Adam Dimlich, Charles R. Humphreys, Scott E. Johnson, Tomi S. Peck, Southern Regional Jail to Dismiss #3 Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Buck, Thomas) (Modified on 4/10/2020 to add link to #3 complaint and to replace incomplete image) (ts). |
|
Filing 37
ORDER directing Plaintiff to file any Response in opposition to the #35 MOTION by City of Beckley to Dismiss With Prejudice with the Clerk of Court on or before 4/21/2020; following service of Plaintiff's response to Defendant's Motion, Defendant will have seven (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 4/7/2020. (cc: Plaintiff-pro se, counsel of record) (msa)
|
| Filing 36 MEMORANDUM OF LAW by City of Beckley in support of #35 MOTION by City of Beckley to Dismiss #3 Complaint. (Williams, Chip) |
| Filing 35 MOTION by City of Beckley to Dismiss #3 Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Williams, Chip) |
| Filing 34 NOTICE OF APPEARANCE by Thomas E. Buck on behalf of Adam Dimlich, Charles R. Humphreys, Scott E. Johnson, Tomi S. Peck, Southern Regional Jail. (Buck, Thomas) |
| Filing 33 AMENDED CERTIFICATE OF SERVICE by T A Bowers, Donnie R. White for Notice of Appearance. (Mullins, Michael) |
| Filing 32 NOTICE OF ATTORNEY APPEARANCE by Michael D. Mullins on behalf of T A Bowers, Donnie R. White. (Mullins, Michael) |
| Filing 31 NOTICE OF APPEARANCE by J. Victor Flanagan and Daniel J. Burns on behalf of Kristen Keller, Brian Parsons, Raleigh County. (Flanagan, J.) |
| Filing 30 NOTICE OF APPEARANCE by Chip E. Williams, Jared C. Underwood on behalf of City of Beckley. (Williams, Chip) |
| CASE assigned to Judge Frank W. Volk. (klc) |
| Filing 29 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) (slr) |
| Filing 28 CASE TRANSFERRED IN from the Pennsylvania Western; Case Number 2:20-cv-00016. Original file certified copy of transfer order and docket sheet received. |
|
Filing 27
MEMORANDUM OPINION and ORDER GRANTING IN PART the pending motions as to the requests for transfer only. The requests for dismissal are TERMINATED to be re-filed in the proper venue. The Clerk of Court shall transfer this matter to the Southern District of West Virginia. A copy of this Order will be mailed to Plaintiff this day, 03/26/20. Signed by Judge William S. Stickman on 03/26/20. (eca) [Transferred from Pennsylvania Western on 3/27/2020.]
|
| Filing 26 NOTICE of Change of Address by Robert E. Ryan (Ryan, Robert) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 25 OBJECTION to #19 Motion for Preliminary Injunction, by RAYCO SAUNDERS. (Attachments: #1 Exhibit O, #2 Exhibit P, #3 Exhibit Q, #4 Exhibit R, #5 Exhibit S, #6 Proposed Order) (ma) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 24 REPLY to Response to Motion re #18 Brief in Opposition to Motion, #14 Motion to Dismiss filed by TA BOWERS, DONNIE R. WHITE. (Ryan, Robert) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 23 REPLY to Response to Motion re #18 Brief in Opposition to Motion, filed by CHARLES R. HUMPHREY, SCOTT E, JOHNSON, TOMI S. PECK, SOUTHERN REGIONAL JAIL, THEE HONORABLE ADAM DIMLICH. (Attachments: #1 Proposed Order) (Buck, Thomas) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 22 REPLY to Response to Motion re #18 Brief in Opposition to Motion, to Dismiss filed by KRISTEN KELLER PA, BRIAN PARSONS APA, RALEIGH COUNTY. (Shimborske, Kerri) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 21 REPLY to Response to Motion re #18 Brief in Opposition to Motion, to Dismiss filed by CITY OF BECKLEY. (Miller, Edward) [Transferred from Pennsylvania Western on 3/27/2020.] |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #19 Motion for Preliminary Injunction,. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (ma) [Transferred from Pennsylvania Western on 3/27/2020.] |
|
Filing 20
SCHEDULING ORDER. Response to #19 Motion to Enjoin Plaintiff from Filing Liens due by 3/20/2020. Signed by Judge William S. Stickman on 03/05/20. A copy of this Order will be mailed to Plaintiff this day, 03/05/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) [Transferred from Pennsylvania Western on 3/27/2020.]
|
| Filing 19 MOTION for Preliminary Injunction TO ENJOIN PLAINTIFF FROM FILING LIENS AGAINST PARTIES, COUNSEL, OR JUDGES IN RELATION TO THIS LAWSUIT by CHARLES R. HUMPHREY, SCOTT E, JOHNSON, TOMI S. PECK, SOUTHERN REGIONAL JAIL, THEE HONORABLE ADAM DIMLICH. (Attachments: #1 Exhibit A) (Buck, Thomas) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 18 BRIEF in Opposition re #7 Motion to Dismiss/Lack of Jurisdiction, #5 Motion to Dismiss/Lack of Jurisdiction, Motion to Transfer Case, #10 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss Case as Frivolous, Motion to Dismiss/Lack of Jurisdiction, Motion to Transfer Case, #14 Motion to Dismiss filed by RAYCO SAUNDERS. (Attachments: #1 Proposed Order, #2 Exhibit M, #3 Exhibit N) (cel) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 17 RESPONSE to Motion re #7 Motion to Dismiss/Lack of Jurisdiction, #5 Motion to Dismiss/Lack of Jurisdiction,, Motion to Transfer Case, #14 Motion to Dismiss DEFENDANTS SOUTHERN REGIONAL JAIL, SCOTT E. JOHNSON, ADAM DIMLICH, TOMI S. PECK, AND CHARLES R. HUMPHREY'S OMNIBUS RESPONSE TO CODEFENDANTS' MOTION TO DISMISS filed by CHARLES R. HUMPHREY, SCOTT E, JOHNSON, TOMI S. PECK, SOUTHERN REGIONAL JAIL, THEE HONORABLE ADAM DIMLICH. (Buck, Thomas) Modified text on 3/6/2020. (ept) [Transferred from Pennsylvania Western on 3/27/2020.] |
|
Filing 16
ORDER SETTING BRIEFING SCHEDULE. Response to #14 Motion to Dismiss due by 3/9/2020; Reply due by 3/16/2020. Page limitations outlined herein. Signed by Judge William S. Stickman on 02/20/20. A copy of this Order will be mailed to Plaintiff this day, 02/20/20. (eca) [Transferred from Pennsylvania Western on 3/27/2020.]
|
| Filing 15 MEMORANDUM OF LAW IN SUPPORT OF #14 Motion to Dismiss filed by TA BOWERS and DONNIE R. WHITE. (Ryan, Robert) Modified text on 2/20/2020. (eca) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 14 MOTION to Dismiss by TA BOWERS, DONNIE R. WHITE. (Attachments: #1 Exhibit Order for Motion to Dismiss) (Ryan, Robert) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 13 Proposed Order re #10 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss Case as Frivolous, Motion to Dismiss/Lack of Jurisdiction, by CHARLES R. HUMPHREY, SCOTT E, JOHNSON, TOMI S. PECK, SOUTHERN REGIONAL JAIL, THEE HONORABLE ADAM DIMLICH. (Buck, Thomas) [Transferred from Pennsylvania Western on 3/27/2020.] |
|
Filing 12
ORDER SETTING BRIEFING SCHEDULE re #10 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss Case as Frivolous, Motion to Dismiss/Lack of Jurisdiction: Response due by 3/9/2020; Reply due by 3/16/2020. Signed by Judge William S. Stickman on 02/14/2020. (rgm) [Transferred from Pennsylvania Western on 3/27/2020.]
|
| Filing 11 BRIEF in Support re #10 Motion to Dismiss for Failure to State a Claim,, Motion to Dismiss Case as Frivolous,, Motion to Dismiss/Lack of Jurisdiction, filed by CHARLES R. HUMPHREY, SCOTT E, JOHNSON, TOMI S. PECK, SOUTHERN REGIONAL JAIL, THEE HONORABLE ADAM DIMLICH. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P) (Buck, Thomas) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss Case as Frivolous , MOTION to Dismiss for Lack of Jurisdiction re #3 Complaint by CHARLES R. HUMPHREY, SCOTT E, JOHNSON, TOMI S. PECK, SOUTHERN REGIONAL JAIL, THEE HONORABLE ADAM DIMLICH. (Buck, Thomas) Modified text on 2/14/2020. (cjo). Added MOTION to Transfer Case on 2/20/2020 (cjo) Modified text on 2/20/2020 Removed M/Transfer Case as it was put on wrong docket entry. (cjo) [Transferred from Pennsylvania Western on 3/27/2020.] |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #10 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss Case as Frivolous, Motion to Dismiss/Lack of Jurisdiction. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (cjo) [Transferred from Pennsylvania Western on 3/27/2020.] |
|
Filing 9
ORDER SETTING BRIEFING SCHEDULE re #7 Motion to Dismiss/Lack of Jurisdiction, #5 Motion to Dismiss/Lack of Jurisdiction: Plaintiff's response and brief in opposition, not to exceed 20 pages, due by 3/4/2020; Defendants' reply briefs, not to exceed 15 pages, due by 3/11/2020. Signed by Judge William S. Stickman on 02/12/2020. (rgm) [Transferred from Pennsylvania Western on 3/27/2020.]
|
| Filing 8 BRIEF in Support re #7 Motion to Dismiss/Lack of Jurisdiction filed by CITY OF BECKLEY. (Miller, Edward) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction re #3 Complaint by CITY OF BECKLEY. (Attachments: #1 Proposed Order) (Miller, Edward) Modified text on 2/12/2020. (cjo) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 6 BRIEF in Support re #5 Motion to Dismiss/Lack of Jurisdiction filed by KRISTEN KELLER PA, BRIAN PARSONS APA, RALEIGH COUNTY. (Shimborske, Kerri) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 5 MOTION to Dismiss for Lack of Jurisdiction re #3 Complaint by KRISTEN KELLER PA, BRIAN PARSONS APA, RALEIGH COUNTY. (Attachments: #1 Proposed Order, #2 Certification) (Shimborske, Kerri) Modified text on 2/12/2020. (cjo). Added MOTION to Transfer Case on 2/20/2020 (cjo) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 4 NOTICE of Appearance by Kerri A. Shimborske on behalf of KRISTEN KELLER PA, BRIAN PARSONS APA, RALEIGH COUNTY. (Shimborske, Kerri) [Transferred from Pennsylvania Western on 3/27/2020.] |
| Filing 3 COMPLAINT against TA BOWERS, CITY OF BECKLEY, CHARLES R. HUMPHREY, SCOTT E, JOHNSON, KRISTEN KELLER PA, BRIAN PARSONS APA, TOMI S. PECK, RALEIGH COUNTY, SOUTHERN REGIONAL JAIL, THEE HONORABLE ADAM DIMLICH, DONNIE R. WHITE ), filed by RAYCO SAUNDERS. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L) (cjo) [Transferred from Pennsylvania Western on 3/27/2020.] |
|
Filing 2
ORDER GRANTING #1 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to file the complaint. Signed by Judge William S. Stickman on 01/07/20. A copy of this Order will be mailed to Plaintiff this day, 01/07/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) [Transferred from Pennsylvania Western on 3/27/2020.]
|
| Filing 1 MOTION for Leave to Proceed in forma pauperis by RAYCO SAUNDERS. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Proposed Order, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L) (cjo) [Transferred from Pennsylvania Western on 3/27/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
