Damron v. Major D. J. et al
| Jonathan T. Damron, Randy Howerton, Brandon Michel Lane and Floyd Michel Lane |
| Southern Regional Jail and Correctional Center, Sgt. Cox, Corp. Sturgil, Corp. Mitchum, Corp. Haynes, Corp. Wimmer, Cpt. Burton, Corp. Clear, Corp. Grant, Corp. Hanes, Corp. Powers, Sgt. Lester, Corp. Sampson, Officer Maxwell, Major D. J., Counselor Martin, Corp. Pack, Corp. Booth, Corp. Coulture, Corp. Tony, Corp. Cox and Corp. Walls |
| 5:2021cv00085 |
| March 18, 2021 |
| US District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| Frank W Volk |
| Prisoner - (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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Filing 35
REPLY by Booth, Burton, Clear, Coulture, Cox, Grant, Hanes, Haynes, D. J., Lester, Martin, Maxwell, Mitchum, Pack, Powers, Sampson, Sturgil, Tony, Walls, Wimmer to #34 Response In Opposition. (Robinson, Kevin) (Modified on 5/5/2021 to remove terminated party filer) (mk).
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Filing 34
RESPONSE by Jonathan T. Damron in opposition to #31 MOTION by Certain Defendants to Dismiss re: #7 Amended Complaint. (msa)
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Filing 33
ORDER directing that if Plaintiff chooses to file a response in opposition to Defendants' #31 Motion to Dismiss, it shall be filed with the Clerk of this Court by 5/14/2021; 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 4/13/2021. (cc: Plaintiff - pro se; counsel of record) (btm)
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Filing 32
MEMORANDUM OF LAW by Booth, Burton, Clear, Coulture, Cox, Grant, D. J., Lester, Martin, Maxwell, Mitchum, Pack, Powers, Sampson, Sturgil, Tony, Walls, Wimmer in support of #31 MOTION by Booth, Burton, Clear, Coulture, Cox, Grant, Hanes, Haynes, D. J., Lester, Martin, Maxwell, Mitchum, Pack, Powers, Sampson, Southern Regional Jail and Correctional Center, Sturgil, Tony, Walls, Wimmer to Dismiss With Prejudice re: #5 Ame (Robinson, Kevin) (Modified on 4/12/2021 to remove terminated party filers and incorrect party filer)(mk).
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Filing 31
MOTION by Booth, Burton, Clear, Coulture, Cox, Grant, D. J., Lester, Martin, Maxwell, Mitchum, Pack, Powers, Sampson, Sturgil, Tony, Walls, Wimmer to Dismiss re: #7 Amended Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Robinson, Kevin) (Modified on 4/12/2021 to remove links to #1 Complaint and #5 Amended Complaint and to remove terminated party filers and incorrect party filer) (mk).
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Filing 30
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Counselor Martin, re: #10 Summons Issued on #7 Amended Complaint. Counselor Martin served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 29
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Officer Maxwell, re: #10 Summons Issued on #7 Amended Complaint. Officer Maxwell served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 28
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Sturgil, re: #10 Summons Issued on #7 Amended Complaint. Corp. Sturgil served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 27
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Booth, re: #10 Summons Issued on #7 Amended Complaint. Corp. Booth served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 26
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Mitchum, re: #10 Summons Issued on #7 Amended Complaint. Corp. Mitchum served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 25
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Pack, re: #10 Summons Issued on #7 Amended Complaint. Corp. Pack served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 24
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Powers, re: #10 Summons Issued on #7 Amended Complaint. Corp. Powers served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 23
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Wimmer, re: #10 Summons Issued on #7 Amended Complaint. Corp. Wimmer served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 22
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Grant, re: #10 Summons Issued on #7 Amended Complaint. Corp. Grant served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 21
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Coulture, re: #10 Summons Issued on #7 Amended Complaint. Corp. Coulture served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 20
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Sampson, re: #10 Summons Issued on #7 Amended Complaint. Corp. Sampson served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 19
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Haynes, re: #10 Summons Issued on #7 Amended Complaint. Corp. Haynes served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 18
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Tony, re: #10 Summons Issued on #7 Amended Complaint. Corp. Tony served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 17
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Cox, re: #10 Summons Issued on #7 Amended Complaint. Corp. Cox served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 16
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Walls, re: #10 Summons Issued on #7 Amended Complaint. Corp. Walls served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 15
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Corp. Clear, re: #10 Summons Issued on #7 Amended Complaint. Corp. Clear served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 14
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Sgt. Cox, re: #10 Summons Issued on #7 Amended Complaint. Sgt. Cox served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 13
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Sgt. Lester, re: #10 Summons Issued on #7 Amended Complaint. Sgt. Lester served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 12
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Cpt. Burton, re: #10 Summons Issued on #7 Amended Complaint. Burton served on 3/22/2021, answer due 4/12/2021. (btm)
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Filing 11
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Major D. J., re: #10 Summons Issued on #7 Amended Complaint. Major D. J. served on 3/22/2021, answer due 4/12/2021. (btm) (Modified on 3/31/2021 to add link to #7)(slr).
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Filing 10
SUMMONS ISSUED by the Clerk for Major D. J., Cpt. Burton, Sgt. Lester, Sgt. Cox, Corp. Clear, Corp. Walls, Corp. Cox, Corp. Tony, Corp. Haynes, Corp. Sampson, Corp. Coulture, Corp. Grant, Corp. Wimmer, Corp. Powers, Corp. Pack, Corp. Mitchum, Corp. Booth, Corp. Sturgil, Officer Maxwell, Counselor Martin re: #7 Amended Complaint, returnable 21 days; mailed via Certified Mail, Return Receipt Requested, Restricted Delivery. (Attachments: #1 Certified Return Receipts) (btm)
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Filing 9
ORDER GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES granting Plaintiff's #4 APPLICATION to Proceed Without Prepayment of Fees; Plaintiff shall pay the full amount of the filing fee of $350.00 by payments sent tot he Clerk of the Court by the prison where Plaintiff is incarcerated as more fully set forth herein. Signed by Magistrate Judge Omar J. Aboulhosn on 3/18/2021. (cc: Plaintiff; counsel of record; Officer at Southern Regional Jail having responsibility for administering prisoner accounts) (btm)
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Filing 8
LETTER to Clerk of Court, from Jonathan Damron, dated 2/19/2021, in support of #7 Amended Complaint. (slr)
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Filing 7
AMENDED COMPLAINT by Jonathan T. Damron against Major D. J., Capt. Burton, Sgt. Lester, Sgt. Cox, Corp. Clear, Corp. Walls, Corp. Cox, Corp. Tony, Corp. Haynes, Corp. Sampson, Corp. Coulture, Corp. Grant, Corp. Wimmer, Corp. Powers, Corp. Pack, Corp. Mitchum, Corp. Booth, Corp. Sturgil, Officer Maxwell, Counselor Martin. (msa)
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Filing 6
ORDER directing the Clerk to open a new Section 1983 civil action as to Plaintiffs F. Lane, B. Lane, and Howerton and include therein a copy of Plaintiff Damron's #5 Amended Complaint; the Clerk shall terminate Plaintiffs F. Lane, B. Lane, and Howerton from the Docket Sheet in this action; each Plaintiff has until 3/16/2021 to file a separate, Amended Complaint naming "persons" as defendants, specifically setting forth their constitutional claims, and stating specific facts as to how each defendant violated their constitutional rights; Plaintiffs F. Lane, B. Lane, and Howerton must pay the Court's filing fee and administrative fee totaling $402 or file an Application to Proceed Without Prepayment of Fees by 3/16/2021. Signed by Magistrate Judge Omar J. Aboulhosn on 2/16/2021. (cc: Plaintiff Damron with a form Complaint; Plaintiffs F. Lane, B. Lane, and Howerton with a form Complaint and Application to Proceed Without Prepayment of Fees) (btm)
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Filing 5
AMENDED COMPLAINT by Jonathan T. Damron, Floyd Michel Lane, Brandon Michel Lane, Randy Howerton against Major D. J., Cpt. Burton, Sgt. Lester, Sgt. Cox, Corp. Clear, Corp. Cox, Corp. Tony, Corp. Hanes, Corp. Coulture, Corp. Grant, Corp. Wimmer, Corp. Powers, Corp. Mitchum, Corp. Booth, Corp. Sturgil, Officer Maxwell, Corp. Sampson, Corp. Pack, Counselor Martin. (btm)
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Filing 4
APPLICATION by Jonathan T. Damron to Proceed Without Prepayment of Fees and Costs. Motion referred to Magistrate Judge Omar J. Aboulhosn. (btm)
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Filing 3
ORDER directing Plaintiff to either pay the filing and administrative fee totaling $402 or file an Application to Proceed in Forma Pauperis by 3/5/2021; Plaintiff has until 3/5/2021, to amend his #1 Complaint to specifically set forth his constitutional claims and state specific facts as to how each defendant violated his constitutional rights. Signed by Magistrate Judge Omar J. Aboulhosn on 2/4/2021. (cc: Plaintiff with form Complaint and blank Application to Proceed in Forma Pauperis) (btm)
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CASE assigned to Judge Frank W. Volk. (klc)
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Filing 2
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: Plaintiff) (slr)
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Filing 1
LETTER-FORM COMPLAINT. (slr)
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