This case was last updated from PACER on 04/05/2020 at 07:00:47 (UTC).

Cook v. Greenwood et al

Case Summary

On 02/05/2020 Cook filed a Prisoner - Civil Right lawsuit against Greenwood. This case was filed in U.S. District Courts, West Virginia Southern District. The Judges overseeing this case are Cheryl A. Eifert and Robert C. Chambers. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:20-CV-00011

  • Filing Date:

    02/05/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    West Virginia Southern District

Judge Details

Referral Judge

Cheryl A. Eifert

Presiding Judge

Robert C. Chambers

 

Party Details

Plaintiff

James Edward Cook, Jr.

Barboursville, WV 25504

Defendant

Brian Greenwood

Consolidated Defendants

Jeff S. Sandy

Thomas L. Kirk

Attorney/Law Firm Details

Defendant and Consolidated Defendant Attorney

William E. Murray

Attorney at ANSPACH MEEKS ELLENBERGER

Suite 1700, 900 Lee Street East

Charleston, WV 25301

 

Court Documents

#20

(#20) ORDER canceling the status conference currently scheduled for 4/1/2020 at 3:00 p.m.; Status Conference rescheduled for 5/6/2020 at 01:30 PM in Huntington before Magistrate Judge Cheryl A. Eifert; Plaintiff shall participate in the status conference via videoconference from the Western Regional Jail; counsel for defendants shall participate telephonically, as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 3/26/2020. (cc: attys, Plaintiff, any unrepresented party, Warden, Western Regional Jail, and Director of Inmate Services Jo Moore, Western Regional Jail) (mkw)

#19

(#19) ORDER directing that the Status Conference be reset for 4/1/2020 at 3:00 PM in Huntington before Magistrate Judge Cheryl A. Eifert. Signed by Magistrate Judge Cheryl A. Eifert on 3/23/2020. (cc: Plaintiff; counsel of record; any unrepresented party; Warden of WRJ; Director of Inmate Services at WRJ, Jo Moore) (hkl)

#18

(#18) Partial Filing Fee Received: $55.24, Receipt Number CHAR017158. (jsa)

#17

(#17) ORDER directing that a Status Conference is set for 3/24/2020 at 10:00 AM in Huntington before Magistrate Judge Cheryl A. Eifert; Plaintiff shall participate in the conference via videoconference from the Western Regional Jail. Signed by Magistrate Judge Cheryl A. Eifert on 3/11/2020. (cc: Plaintiff; counsel of record; any unrepresented party; WRJ Warden; WRJ Director of Inmate Services Jo Moore) (jsa)

#16

(#16) ANSWER TO #6 Complaint With Jury Demand by Brian Greenwood, Thomas L. Kirk, Jeff S. Sandy.(Murray, William) (Modified on 3/5/2020 to add jury demand) (ts).

#15

(#15) LETTER to James Cook, Jr., from Rory L. Perry II dated 2/27/2020, re: #14 letter requesting case information. (klc)

#14

(#14) LETTER to Clerk, USDC/SDWV, from James Cook Jr. dated 2/24/2020, re: requesting case information. (hkl)

#13

(#13) SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Jeff S. Sandy, re: #2 Complaint, #6 Complaint. Jeff S. Sandy served on 2/19/2020, answer due 3/11/2020. (hkl)

#12

(#12) SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Thomas L. Kirk, re: #2 Complaint, #6 Complaint. Thomas L. Kirk served on 2/19/2020, answer due 3/11/2020. Person Served: Jeff Sandy, Cabinet Secretary. (hkl)

#7

(#7) SUMMONS ISSUED by the Clerk on behalf of James Edward Cook, Jr. for Brian Greenwood, re: #2 Complaint, #6 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)

#6

(#11) SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Brian Greenwood, re: #2 Complaint, #6 Complaint. Brian Greenwood served on 2/19/2020, answer due 3/11/2020. Person Served: Sherissa Orr, OA3. (hkl)

#5

(#5) ORDER directing the Clerk of Court to consolidate cases 3:20-cv-00011 and 3:20-cv-00104; granting Plaintiff's #1 APPLICATION to Proceed Without Prepayment of Fees or Costs in both cases; directing Plaintiff to make monthly payments toward the filing fee beginning on 3/5/2020, as more fully set forth herein; further directing that the recovery, if any, obtained in this action shall be paid to the Clerk of Court, who shall collect therefrom all unpaid fees and costs taxed against Plaintiff and shall pay the balance, if any, to the Plaintiff; directing the Clerk of Court to issue a summons for Defendants Greenwood, Sandy, and Kirk and provide the summons and complaint to the United States Marshals Service; directing the United States Marshals Service to serve the summons and complaint on each defendant, or his designated agent for service of process. Signed by Magistrate Judge Cheryl A. Eifert on 2/5/2020. (cc: Plaintiff; USM; Administrator of the Western Regional Jail and Correctional Facility) (jsa)

#4

(#4) MEMORANDUM OPINION AND ORDER directing that Plaintiff has thirty (30) days to amend his #2 complaint and clarify his claims, as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 1/31/2020. (cc: Plaintiff) (mkw)

#3

(#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 Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (hkl)

2 #1

Envelope

#2

(#11) SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Brian Greenwood, re: #2 Complaint, #6 Complaint. Brian Greenwood served on 2/19/2020, answer due 3/11/2020. Person Served: Sherissa Orr, OA3. (hkl)

1 #1

Envelope

#1

(#5) ORDER directing the Clerk of Court to consolidate cases 3:20-cv-00011 and 3:20-cv-00104; granting Plaintiff's #1 APPLICATION to Proceed Without Prepayment of Fees or Costs in both cases; directing Plaintiff to make monthly payments toward the filing fee beginning on 3/5/2020, as more fully set forth herein; further directing that the recovery, if any, obtained in this action shall be paid to the Clerk of Court, who shall collect therefrom all unpaid fees and costs taxed against Plaintiff and shall pay the balance, if any, to the Plaintiff; directing the Clerk of Court to issue a summons for Defendants Greenwood, Sandy, and Kirk and provide the summons and complaint to the United States Marshals Service; directing the United States Marshals Service to serve the summons and complaint on each defendant, or his designated agent for service of process. Signed by Magistrate Judge Cheryl A. Eifert on 2/5/2020. (cc: Plaintiff; USM; Administrator of the Western Regional Jail and Correctional Facility) (jsa)

12 More Documents Available

 

Docket Entries

  • 03/26/2020
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  • Docket(#20) ORDER canceling the status conference currently scheduled for 4/1/2020 at 3:00 p.m.; Status Conference rescheduled for 5/6/2020 at 01:30 PM in Huntington before Magistrate Judge Cheryl A. Eifert; Plaintiff shall participate in the status conference via videoconference from the Western Regional Jail; counsel for defendants shall participate telephonically, as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 3/26/2020. (cc: attys, Plaintiff, any unrepresented party, Warden, Western Regional Jail, and Director of Inmate Services Jo Moore, Western Regional Jail) (mkw)

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  • 03/23/2020
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  • Docket(#19) ORDER directing that the Status Conference be reset for 4/1/2020 at 3:00 PM in Huntington before Magistrate Judge Cheryl A. Eifert. Signed by Magistrate Judge Cheryl A. Eifert on 3/23/2020. (cc: Plaintiff; counsel of record; any unrepresented party; Warden of WRJ; Director of Inmate Services at WRJ, Jo Moore) (hkl)

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  • 03/12/2020
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  • Docket(#18) Partial Filing Fee Received: $55.24, Receipt Number CHAR017158. (jsa)

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  • 03/11/2020
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  • Docket(#17) ORDER directing that a Status Conference is set for 3/24/2020 at 10:00 AM in Huntington before Magistrate Judge Cheryl A. Eifert; Plaintiff shall participate in the conference via videoconference from the Western Regional Jail. Signed by Magistrate Judge Cheryl A. Eifert on 3/11/2020. (cc: Plaintiff; counsel of record; any unrepresented party; WRJ Warden; WRJ Director of Inmate Services Jo Moore) (jsa)

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  • 03/05/2020
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  • Docket(#16) ANSWER TO #6 Complaint With Jury Demand by Brian Greenwood, Thomas L. Kirk, Jeff S. Sandy.(Murray, William) (Modified on 3/5/2020 to add jury demand) (ts).

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  • 02/27/2020
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  • Docket(#15) LETTER to James Cook, Jr., from Rory L. Perry II dated 2/27/2020, re: #14 letter requesting case information. (klc)

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  • 02/26/2020
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  • Docket(#14) LETTER to Clerk, USDC/SDWV, from James Cook Jr. dated 2/24/2020, re: requesting case information. (hkl)

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  • 02/24/2020
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  • Docket(#13) SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Jeff S. Sandy, re: #2 Complaint, #6 Complaint. Jeff S. Sandy served on 2/19/2020, answer due 3/11/2020. (hkl)

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  • 02/24/2020
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  • Docket(#12) SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Thomas L. Kirk, re: #2 Complaint, #6 Complaint. Thomas L. Kirk served on 2/19/2020, answer due 3/11/2020. Person Served: Jeff Sandy, Cabinet Secretary. (hkl)

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  • 02/24/2020
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  • Docket(#11) SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Brian Greenwood, re: #2 Complaint, #6 Complaint. Brian Greenwood served on 2/19/2020, answer due 3/11/2020. Person Served: Sherissa Orr, OA3. (hkl)

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2 More Docket Entries
  • 02/05/2020
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  • Docket(#8) SUMMONS ISSUED by the Clerk on behalf of James Edward Cook, Jr. for Jeff S. Sandy, re: #2 Complaint, #6 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)

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  • 02/05/2020
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  • Docket(#7) SUMMONS ISSUED by the Clerk on behalf of James Edward Cook, Jr. for Brian Greenwood, re: #2 Complaint, #6 Complaint, returnable 21 days. Original Summons and 1 copy delivered to U.S. Marshals for service. (jsa)

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  • 02/05/2020
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  • Docket(#6) COMPLAINT. (originally filed on 2/4/2020 in consolidated member case 3:20-cv-00104) (mkw)

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  • 02/05/2020
  • DocketTHIS CASE HAS BEEN CONSOLIDATED WITH CASE NUMBER 3:20-cv-00104. ALL FURTHER ENTRIES SHALL BE DOCKETED IN 3:20-cv-00011. (mkw)

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  • 02/05/2020
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  • Docket(#5) ORDER directing the Clerk of Court to consolidate cases 3:20-cv-00011 and 3:20-cv-00104; granting Plaintiff's #1 APPLICATION to Proceed Without Prepayment of Fees or Costs in both cases; directing Plaintiff to make monthly payments toward the filing fee beginning on 3/5/2020, as more fully set forth herein; further directing that the recovery, if any, obtained in this action shall be paid to the Clerk of Court, who shall collect therefrom all unpaid fees and costs taxed against Plaintiff and shall pay the balance, if any, to the Plaintiff; directing the Clerk of Court to issue a summons for Defendants Greenwood, Sandy, and Kirk and provide the summons and complaint to the United States Marshals Service; directing the United States Marshals Service to serve the summons and complaint on each defendant, or his designated agent for service of process. Signed by Magistrate Judge Cheryl A. Eifert on 2/5/2020. (cc: Plaintiff; USM; Administrator of the Western Regional Jail and Correctional Facility) (jsa)

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  • 01/31/2020
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  • Docket(#4) MEMORANDUM OPINION AND ORDER directing that Plaintiff has thirty (30) days to amend his #2 complaint and clarify his claims, as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 1/31/2020. (cc: Plaintiff) (mkw)

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  • 01/06/2020
  • DocketCASE assigned to Judge Robert C. Chambers. (klc) (Entered: 01/07/2020)

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  • 01/06/2020
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  • Docket(#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 Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (hkl)

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  • 01/06/2020
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  • Docket(#2) COMPLAINT. (Attachment: #1 Envelope) (hkl)

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  • 01/06/2020
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  • Docket(#1) APPLICATION by James Edward Cook, Jr. to Proceed without Prepayment of Fees or Costs (Attachment: #1 Envelope) (hkl)

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