Waters v. Brown et al
Plaintiff: Gregory A. Waters and Karlton Cherry
Defendant: Warden, S. Brown, J. McCalloum and S. Senko
Case Number: 5:2022cv00500
Filed: October 31, 2022
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Omar J Aboulhosn
Referring Judge: Frank W Volk
Nature of Suit: Prisoner - (Prison Condition)
Cause of Action: 28 U.S.C. § 1331 Federal Question: Bivens Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 29, 2022 Filing 21 AMENDED COMPLAINT by Gregory A. Waters against S. Brown, Warden, C/O J. McCalloum, C/O S. Senko. (msa)
December 29, 2022 Filing 20 APPLICATION by Gregory A. Waters to Proceed without Prepayment of Fees or Costs (Attachments: #1 Inmate Statement) Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa) (Modified on 12/29/2022 to update security of attachment) (msa). (Modified on 12/29/2022 to update party filer) (ts).
December 5, 2022 Filing 19 PRISONER TRUST ACCOUNT STATEMENT by Gregory A. Waters. (Attachments: #1 Inmate Statement) (msa)
December 5, 2022 Filing 18 LETTER to Clerk of Court, from Gregory Water dated 12/1/2022, re: Trust Account Report. (msa)
December 1, 2022 Filing 17 LETTER to the Court, from Gregory Waters dated 11/28/2022. (msa)
November 30, 2022 Opinion or Order Filing 16 ORDER directing the Clerk to open a new civil action as to Plaintiff David M. Allen and include therein a copy of Plaintiff Allen's #10 Complaint as filed by Plaintiff Waters and this Order; that the Clerk terminate Plaintiff Allen from the Docket Sheet in this action; that Plaintiff Allen must pay the Court's filing and administrative fee totaling $402 or file and Application to Proceed Without Prepayment of Fees by 12/30/2022. Signed by Magistrate Judge Omar J. Aboulhosn on 11/30/2022. (cc: Plaintiff Allen w/Application to Proceed Without Prepayment of Fees) (msa)
November 30, 2022 Opinion or Order Filing 15 ORDER directing the Clerk to open a new civil action as to Plaintiff Cherry and include therein a copy of Plaintiff Waters' (ECF No. 13) and #14 Complaint, the #12 Order regarding the sealing and redacting of the Complaint and this Order; that the Clerk terminate Plaintiff Cherry from the Docket Sheet in this action; that the Clerk file a copy of Plaintiff Cherry's letter-form #9 Motion for Order Not to Retaliate in Plaintiff Cherry's civil action and such as a pending motion in this action; that each Plaintiff has until 12/30/2022, 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; that Plaintiffs have until 12/30/2022 to pay the Court's filing and Administrative Fee totaling $402.00 or file an Application to Proceed Without Prepayment of Fees. Signed by Magistrate Judge Omar J. Aboulhosn on 11/30/2022. (cc: Plaintiff Waters w/Bivens form Complaint; Plaintiff Cherry w/Bivens form Complaint and Application to Proceed Without Prepayment of Fees) (msa)
November 29, 2022 Filing 14 AMENDED COMPLAINT (REDACTED) by Gregory A. Waters, Karlton Cherry against S. Brown, J. McCalloum, S. Senko. (msa)
November 29, 2022 Filing 13 AMENDED COMPLAINT by Gregory A. Waters, Karlton Cherry filed under SEAL pursuant to the Court's #12 Order. (msa)
November 29, 2022 Opinion or Order Filing 12 ORDER directing the Clerk to file the Plaintiffs Complaint filed on 11/29/2022 under SEAL and file the redacted copy of the Complaint for public access. Signed by Magistrate Judge Omar J. Aboulhosn on 11/29/2022. (cc: Plaintiffs) (msa)
November 29, 2022 Filing 11 APPLICATION by Gregory A. Waters to Proceed without Prepayment of Fees or Costs. (Attachments: #1 Copy of Order entered 11/01/2022) Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa)
November 28, 2022 Filing 10 COMPLAINT by David M. Allen against Warden S. Brown. (msa)
November 28, 2022 Filing 9 LETTER-FORM MOTION by Karlton R. Cherry for Order not to Retaliate Against Plaintiffs. Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa)
November 28, 2022 Filing 8 LETTER-FORM MOTION by Gregory A. Waters for Immediate Transfer out of West Virginia B.O.P. Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa)
November 28, 2022 Filing 7 Consent to Collection of Fees from Trust Account by Gregory A. Waters, Karlton R. Cherry. (msa)
November 28, 2022 Filing 6 EXHIBIT by Gregory A. Waters in support of #1 Complaint. (msa)
November 9, 2022 Filing 5 LETTER to Gregory A. Waters, from Rory L. Perry II dated 11/9/2022, re: #4 letter requesting proper forms. (klc)
November 9, 2022 Filing 4 LETTER to Clerk of Court, from Gregory A. Waters dated 11/6/2022, re: Request for proper forms. (btm)
November 1, 2022 Opinion or Order Filing 3 ORDER directing that Plaintiff shall either pay the filing and administrative fee totaling $402 or file an Application to Proceed in Forma Pauperis by 12/1/2022; Plaintiff has until 12/1/2022 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; the Clerk shall mail Plaintiff a form Complaint and a blank Application to Proceed in Forma Pauperis. Signed by Magistrate Judge Omar J. Aboulhosn on 11/1/2022. (cc: Plaintiff - pro se w/ form Complaint and blank Application to Proceed in Forma Pauperis) (btm)
October 31, 2022 CASE assigned to Judge Frank W. Volk. (klc)
October 31, 2022 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: counsel of record; any unrepresented party) (msa)
October 31, 2022 Filing 1 COMPLAINT. (msa)

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Plaintiff: Gregory A. Waters
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Plaintiff: Karlton Cherry
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Defendant: Warden
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Defendant: S. Brown
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Defendant: J. McCalloum
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Defendant: S. Senko
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