This case was last updated from PACER on 11/03/2018 at 07:55:56 (UTC).

Devine v. Warden, Huttonsville Correctional Center

Case Summary

On 09/04/2018 Devine filed a Prisoner - Other Prisoner lawsuit against Warden, Huttonsville Correctional Center. This case was filed in U.S. District Courts, West Virginia Northern District. The Judges overseeing this case are James P. Mazzone and Frederick P. Stamp, Jr. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:18-CV-00148

  • Filing Date:

    09/04/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Other Prisoner

  • Court:

    U.S. District Courts

  • Courthouse:

    West Virginia Northern District

Judge Details

Referral Judge

James P. Mazzone

Presiding Judge

Frederick P. Stamp, Jr

 

Party Details

Petitioners

Richard Devine

Huttonsville, WV 26273

Richard C. Devine

Huttonsville, WV 26273

Respondents

Warden, FCI Huttonsville

Warden, Huttonsville Correctional Center

Attorney/Law Firm Details

Respondent Attorneys

Zachary A. Viglianco

Attorney at WV Office of the Attorney General

812 Quarrier Street, 6Th Floor

Charleston, WV 25301

Robert L. Hogan

Attorney at WV Office of the Attorney General

812 Quarrier Street, 6Th Floor

Charleston, WV 25301

 

Court Documents

#17

(#17) RETURN RECEIPT as to #15 Order on Motion for Miscellaneous Relief, Add and Terminate Attorneys. SERVICE ACCEPTED on 10/18/18. (soa) (Entered: 10/24/2018)

16 #1

Envelope

#16

(#16) LETTER from Richard Devine to Inmate Litigation Clerk regarding #12 Filing Fee Received and requesting copy of receipt. (copy of receipt sent via US Mail this day) (Attachments: #1 Envelope) (copy to counsel via CM/ECF; copy to Judge Stamp) (nmm) (Entered: 10/22/2018)

15 #1

Certified Mail Return Receipt

#15

(#15) ORDER GRANTING MOTION TO WITHDRAW AND TERMINATE RESPONDENT'S REPRESENTATION BY ROBERT L. HOGAN: Granting #13 Motion Withdraw as attorney; Attorney Robert L. Hogan terminated. Signed by Senior Judge Frederick P. Stamp, Jr on 10/16/18. (soa) Modified on 10/16/2018 to note that copy was went to Petitioner by cet. mail) (soa). (Additional attachment(s) added on 10/16/2018: #1 Certified Mail Return Receipt) (soa). (Entered: 10/16/2018)

#14

(#14) NOTICE of Appearance by Zachary A. Viglianco on behalf of Warden, Huttonsville Correctional Center (Viglianco, Zachary) (Entered: 10/12/2018)

#13

(#13) MOTION to Withdraw Appearance by Zachary A. Viglianco on behalf of Warden, Huttonsville Correctional Center (Viglianco, Zachary) Modified on 10/12/2018 wrong event used by attorney, deputy clerk correct event type and regen NEF. (cmd). (Entered: 10/12/2018)

#12

RESTRICTED

#11

(#11) RETURN RECEIPT as to #10 Order on Motion for Leave to Proceed in forma pauperis, Order on Public Motion. SERVICE ACCEPTED on 9/26/18. (soa) (Entered: 09/28/2018)

10 #1

Certified Mail Return Receipt

#10

(#10) ORDER GRANTING IN FORMA PAUPERIS BUT REQUIRING THE PETITIONER TO PAY THE $5 FILING FEE: Granting #8 Motion for Leave to Proceed in forma pauperis; Petitioner to pay $5.00 filing fee within 21 days. Signed by Magistrate Judge James P. Mazzone on 9/24/18. (soa)(copy to petitioner by cert. mail) (Additional attachment(s) added on 9/24/2018: #1 Certified Mail Return Receipt) (soa). (Entered: 09/24/2018)

#8

DOCUMENT UNAVAILABLE

#7

(#7) COURT-APPROVED FORM (2254 Petition) re #4 Notice filed by Richard C. Devine. (soa) Modified on 9/21/2018 to describe document and regenerate NEF) (soa). (Entered: 09/21/2018)

4 #2

Certified Mail Return Receipt

4 #1

2254 Packet

#4

(#4) NOTICE OF DEFICIENT PLEADING re #1 Petition for Writ of Habeas Corpus mailed to Petitioner by cert. mail (Attachments: #1 2254 Packet)(soa) (Additional attachment(s) added on 9/10/2018: #2 Certified Mail Return Receipt) (soa). (Entered: 09/10/2018)

3 #1

Certified Mail Return Receipt

21 More Documents Available

 

Docket Entries

  • 10/23/2018
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  • (#17) RETURN RECEIPT as to #15 Order on Motion for Miscellaneous Relief, Add and Terminate Attorneys. SERVICE ACCEPTED on 10/18/18. (soa) (Entered: 10/24/2018)

    Read MoreRead Less
  • 10/22/2018
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  • (#16) LETTER from Richard Devine to Inmate Litigation Clerk regarding #12 Filing Fee Received and requesting copy of receipt. (copy of receipt sent via US Mail this day) (Attachments: #1 Envelope) (copy to counsel via CM/ECF; copy to Judge Stamp) (nmm) (Entered: 10/22/2018)

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  • 10/16/2018
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  • (#15) ORDER GRANTING MOTION TO WITHDRAW AND TERMINATE RESPONDENT'S REPRESENTATION BY ROBERT L. HOGAN: Granting #13 Motion Withdraw as attorney; Attorney Robert L. Hogan terminated. Signed by Senior Judge Frederick P. Stamp, Jr on 10/16/18. (soa) Modified on 10/16/2018 to note that copy was went to Petitioner by cet. mail) (soa). (Additional attachment(s) added on 10/16/2018: #1 Certified Mail Return Receipt) (soa). (Entered: 10/16/2018)

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  • 10/12/2018
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  • (#14) NOTICE of Appearance by Zachary A. Viglianco on behalf of Warden, Huttonsville Correctional Center (Viglianco, Zachary) (Entered: 10/12/2018)

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  • 10/12/2018
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  • (#13) MOTION to Withdraw Appearance by Zachary A. Viglianco on behalf of Warden, Huttonsville Correctional Center (Viglianco, Zachary) Modified on 10/12/2018 wrong event used by attorney, deputy clerk correct event type and regen NEF. (cmd). (Entered: 10/12/2018)

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  • 10/09/2018
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  • (#12) Filing fee: $ 5.00, receipt number WVNE013130. (soa) (Entered: 10/09/2018)

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  • 09/28/2018
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  • (#11) RETURN RECEIPT as to #10 Order on Motion for Leave to Proceed in forma pauperis, Order on Public Motion. SERVICE ACCEPTED on 9/26/18. (soa) (Entered: 09/28/2018)

    Read MoreRead Less
  • 09/24/2018
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  • (#10) ORDER GRANTING IN FORMA PAUPERIS BUT REQUIRING THE PETITIONER TO PAY THE $5 FILING FEE: Granting #8 Motion for Leave to Proceed in forma pauperis; Petitioner to pay $5.00 filing fee within 21 days. Signed by Magistrate Judge James P. Mazzone on 9/24/18. (soa)(copy to petitioner by cert. mail) (Additional attachment(s) added on 9/24/2018: #1 Certified Mail Return Receipt) (soa). (Entered: 09/24/2018)

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  • 09/21/2018
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  • (#9) ** SEALED ** Prisoner Trust Fund Account Statement by Richard C. Devine. (Attachments: #1 Ledger Sheets, #2 Envelope containing #7 , #8 , & #9 )(soa) (Entered: 09/21/2018)

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  • 09/21/2018
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  • (#8) ** SEALED** APPLICATION AND AFFIDAVIT To Proceed Without Prepayment of fees, re #4 Notice (Other), by Richard C. Devine. (soa) (Entered: 09/21/2018)

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  • 09/21/2018
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  • (#7) COURT-APPROVED FORM (2254 Petition) re #4 Notice filed by Richard C. Devine. (soa) Modified on 9/21/2018 to describe document and regenerate NEF) (soa). (Entered: 09/21/2018)

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  • 09/18/2018
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  • (#6) RETURN RECEIPT as to #4 Notice (Other), #3 Notice (Other). SERVICE ACCEPTED on 9/12/18. (soa) (Entered: 09/18/2018)

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  • 09/12/2018
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  • (#5) RETURN RECEIPT as to #2 Notice (Other). SERVICE ACCEPTED on 9/7/18. (soa) (Entered: 09/12/2018)

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  • 09/10/2018
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  • (#4) NOTICE OF DEFICIENT PLEADING re #1 Petition for Writ of Habeas Corpus mailed to Petitioner by cert. mail (Attachments: #1 2254 Packet)(soa) (Additional attachment(s) added on 9/10/2018: #2 Certified Mail Return Receipt) (soa). (Entered: 09/10/2018)

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  • 09/10/2018
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  • (#3) NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT re #1 Petition for Writ of Habeas Corpus sent to Petitioner by cert. mail. (soa) (Additional attachment(s) added on 9/10/2018: #1 Certified Mail Return Receipt) (soa). (Entered: 09/10/2018)

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  • 09/05/2018
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  • (#2) NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS re #1 Petition for Writ of Habeas Corpus, sent to Petitioner by cert. mail. (Attachments: #1 2241 packet)(soa) (Additional attachment(s) added on 9/5/2018: #2 Certified Mail Return Receipt) (soa). (Entered: 09/05/2018)

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  • 09/04/2018
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  • (#1) PETITION for Writ of Habeas Corpus against Warden, FCI Huttonsville, filed by Richard C. Devine. (Attachments: #1 Envelope)(soa) (Entered: 09/05/2018)

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