Livesay v. Riverside Regional, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:98-cv-01351-JBF
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Summary

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Parties
No Logo John Livesay, Plaintiff
v.
No Logo W. O. Ward, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John Kenneth Byrum, Jr. +1 804 786 2071

Represented by Hirschler Fleischer, PC

Name Phone Fax E-Mail
Space Michael Paul Falzone +1 804 771 9560 mfalzone@hf-law.com
Space Chandra Dore Lantz +1 804 771 9586 +1 804 644 0957 clantz@hf-law.com
Attributes
Office Norfolk
Filed 11/24/1998
Jury Demand Plaintiff
Demand $250000
Nature of Suit 555 - Civil Rights (Prison Condition)
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Buchanan
Terminated 3/28/2001
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 01-6742[]
Def Custody Status
Flag CLOSED
Timeline
  Entries (58) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 8/15/2001, Entered: 8/16/2001 Appeal Record Returned
Record on Appeal returned from U.S. Court of Appeals (clerk)
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Blank 40 Filed: 8/14/2001, Entered: 8/14/2001 USCA Judgment
JUDGMENT OF USCA affirming the judgment of the District Court (certified copy) Re: [34-1] appeal, filed. ob. (clerk)
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Blank 39 Filed: 8/14/2001, Entered: 8/14/2001 USCA Mandate
Opinion of USCA re: [34-1] appeal by John Livesay (clerk)
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Blank 38 Filed: 7/23/2001, Entered: 7/24/2001 USCA Mandate
Advanced copy of Opinion of USCA re: [34-1] appeal by John Livesay (clerk)
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Blank -- Filed: 6/18/2001, Entered: 6/19/2001 USCA Appeal Fees
USCA appeal fee received $ 105.00. Receipt # 30132. (clerk)
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Blank -- Filed: 5/7/2001, Entered: 5/7/2001, Terminated: 8/15/2001 Initial Paper Record Transmitted to 4CCA
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [34-1] appeal by John Livesay (clerk)
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Blank -- Filed: 5/7/2001, Entered: 5/7/2001, Terminated: 8/15/2001 USCA Case Number
USCA Case Number Re: [34-1] appeal by John Livesay CASE MANAGER: Lisa Jernigan USCA NUMBER: 01-6742 (clerk)
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Blank 37 Filed: 5/2/2001, Entered: 5/3/2001 OrderCourt Filing
ORDER denying [35-1] motion by John Livesay for Appointment of Counsel and transferring same to the Fourth Circuit for consideration, entered and filed 5/2/01 ( signed by Judge Jerome B. Friedman ) Copies Mailed: 5/2/01 [EOD Date: 5/3/01] (clerk)
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Blank -- Filed: 5/1/2001, Entered: 5/1/2001, Terminated: 8/15/2001 Transmission of Notice of Appeal to 4CCA
Copy of Notice of Appeal, Order and Opinion, Judgment and docket sheet to USCA: copy of notice of appeal and PLRA Notice to plaintiff/appellant; copy of notice of appeal to counsel of record re: [34-1] appeal by John Livesay (clerk)
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Blank 36 Filed: 4/30/2001, Entered: 5/1/2001 Memorandum in Support
MEMORANDUM in support of [35-1] motion by John Livesay for Appointment of Counsel, received. (clerk)
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Blank 35 Filed: 4/30/2001, Entered: 5/1/2001, Terminated: 5/2/2001 Motion to Appoint Counsel
MOTION by John Livesay for Appointment of Counsel (clerk)
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Blank 34 Filed: 4/30/2001, Entered: 4/30/2001, Terminated: 8/14/2001 Notice of Appeal
NOTICE OF APPEAL by John Livesay. (clerk)
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Blank 33 Filed: 3/28/2001, Entered: 3/28/2001 Judgment*
JUDGMENT on decision that the defendant's motion for summary judgment is GRANTED and plaintiff's complaint is Dismissed; entered and filed 3/28/01 (o.b.), Copies Mailed: 3/28/01 [EOD DATE: 3/28/01] (clerk)
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Blank 32 Filed: 3/28/2001, Entered: 3/28/2001 OrderCourt Filing
ORDER and OPINION granting [27-2] motion by W. O. Ward for Summary Judgment and Dismissing plaintiff's complaint for failure to state a claim against Dr. Ward for which relief can be granted; noting appeal procedures; entered and filed 3/28/01 (signed by Judge Jerome B. Friedman) Copies Mailed: 3/28/01 [EOD Date: 3/28/01] (clerk)
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Blank -- Filed: 3/28/2001, Entered: 3/28/2001 Disposable Record
Disposable Record (clerk)
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Blank -- Filed: 3/28/2001, Entered: 3/28/2001 Terminated Case
Case closed (clerk)
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Blank 31 Filed: 2/9/2001, Entered: 2/9/2001 Remark
Document(s) filed by plaintiff John Livesay noting address change and adding exhibit x to file. (clerk)
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Blank 30 Filed: 12/18/2000, Entered: 12/20/2000 Remark
Certification filed by plaintiff John Livesay as to additional exhibits. (clerk)
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Blank -- Filed: 11/14/2000, Entered: 11/14/2000 Docket Annotation
File referred to JBF, no responses to plaintiff's submissions rec'd. (clerk)
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Blank 29 Filed: 10/30/2000, Entered: 10/31/2000 Response
Response by John Livesay to [27-1] motion by W. O. Ward to Dismiss by W. O. Ward, [27-2] motion by W. O. Ward for Summary Judgment by W. O. Ward (clerk)
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Blank 28 Filed: 10/6/2000, Entered: 10/12/2000 Memorandum in Support
MEMORANDUM in support of [27-1] motion to Dismiss by and [27-2] motion by W. O. Ward for Summary Judgment, received. (clerk)
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Blank 27 Filed: 10/6/2000, Entered: 10/12/2000 Roseboro Notice
Roseboro Notice by W. O. Ward (clerk)
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Blank 27 Filed: 10/6/2000, Entered: 10/12/2000 Motion to Dismiss
MOTION by W. O. Ward to Dismiss , and by W. O. Ward for Summary Judgment (clerk)
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Blank 26 Filed: 10/6/2000, Entered: 10/10/2000 OrderCourt Filing
ORDER directing the Clerk to send a copy of plainitiff's submission to counsel for defendant; defendant is further instructed to file a timely response to plaintiff's submission; plaintiff is further cautioned that future submissions that do not comply with the certificate of service requirement will not be considered by this court; entered and filed 10/6/00 (signed by Judge Jerome B. Friedman) Copies Mailed: 10/6/00 [EOD Date: 10/10/00] (clerk)
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Blank -- Filed: 10/6/2000, Entered: 10/12/2000 Memorandum in Support
MEMORANDUM in support of [27-1] motion to Dismiss [27-2] motion and for Summary Judgment by W. O. Ward (clerk)
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Blank 25 Filed: 7/24/2000, Entered: 7/25/2000 Response
RESPONSE by John Livesay to [24-1] order setting Prisoner response due 7/26/00 (rlam)
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Blank 24 Filed: 6/26/2000, Entered: 6/26/2000 OrderCourt Filing
ORDER granting [22-1] motion by W. O. Ward for More Definite Statement, and directing plaintiff to file a more definite statement within thirty (30) days from the date of this order or face dismissal of this action, set Prisoner response due 7/26/00 ; entered and filed 6/26/00 (signed by Judge Jerome B. Friedman) Copies Mailed: 6/26/00 [EOD Date: 6/26/00] (clerk)
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Blank 23 Filed: 4/28/2000, Entered: 5/1/2000 Summons Returned Executed
SUMMONS Returned Executed as to W. O. Ward 4/10/00 Answer due on 5/1/00 for W. O. Ward (clerk)
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Blank 22 Filed: 4/20/2000, Entered: 4/20/2000, Terminated: 6/26/2000 Motion for More Definite Statement
MOTION by W. O. Ward for More Definite Statement (clerk)
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Blank 21 Filed: 4/20/2000, Entered: 4/20/2000 Affidavit
AFFIDAVIT of W. O. Ward, Re: [21-1] Response by W. O. Ward (clerk)
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Blank 21 Filed: 4/20/2000, Entered: 4/20/2000 Response
Response by W. O. Ward to [20-1] order to Show Cause (clerk)
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Blank -- Filed: 4/20/2000, Entered: 4/20/2000 Docket Annotation
file referred to Judge Friedman (def't response to order to show cause rec'd) (clerk)
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Blank -- Filed: 3/22/2000, Entered: 3/22/2000 Summons Issued
SUMMONS(original with one copy) issued for W. O. Ward with one copy of order, complaint and amended complaint and delivered to U.S. Marshals for service, mag ntc etc. (clerk)
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Blank 20 Filed: 3/21/2000, Entered: 3/22/2000 OrderCourt Filing
ORDER directing Dr. Ward to show cause why he should not be required to bear costs of service of summons within thirty (30) days from the date of this order; in addition, Dr. Ward should file any responsive pleadings or motions to plaintiff's complaint within thirty days from the order date further directing Clerk to prepare summons with copy of complaint and amended complaint and forward to U.S. Marshals for service; entered 3/20/00 and filed 3/21/00 (signed by Judge Jerome B. Friedman) Copies Mailed: 3/22/00 [EOD Date: 3/22/00] (clerk) Modified on 03/28/2001
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Blank 19 Filed: 1/27/2000, Entered: 2/2/2000 OrderCourt Filing
ORDER directing defendant Ward to return waiver of service within thirty days from the date of this order [set deadline for return of waiver to 2/28/00], further directing defendant Ward to file any responsive pleadings within sixty (60) days from the date set forth on the notice of lawsuit; Defendant Ward is reminded that he is obligated under F.R.C.P. 4(d) to avoid unnecessary service of summons, if defendant Ward does not return waiver of service within (30) days and respond to the complaint within (60)ndays, he will be required to show cause why he should not be required to bear costs of service of summons; wntered 1/24/00 and filed 1/27/00 (signed by Judge Jerome B. Friedman) Copies Mailed: 1/28/00 [EOD Date: 2/2/00] (clerk)
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Blank 18 Filed: 12/2/1999, Entered: 12/2/1999 Response
Response by Riverside Regional Jail to [17-1] order requesting address, SEALED. (clerk) Modified on 12/02/1999
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Blank 17 Filed: 11/10/1999, Entered: 11/10/1999 OrderCourt Filing
ORDER requesting Riverside Regional Jail to provide defendant, Dr. Ward's address within ten (10)days; entered and filed 11/10/99 (signed by Judge Jerome B. Friedman) Copies Mailed: 11/10/99 [EOD Date: 11/10/99] (clerk)
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Blank 16 Filed: 8/18/1999, Entered: 8/19/1999 Waiver of Service Unexecuted
Waiver of Service Returned Unexecuted as to W. O. Ward with indication that defendant is no longer an employee of jail (ariv)
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Blank 15 Filed: 8/2/1999, Entered: 8/2/1999 OrderCourt Filing
ORDER requesting defendant Dr. Ward to return signed waiver of service within 30 days and, if he does so, directing defendant to file responsive pleadings within 60 days of the date set forth on the notice and waiver, entered 7/30/99 and filed 8/2/99, ( signed by Judge Jerome B. Friedman ) Copies Mailed: 8/2/99 [EOD Date: 8/2/99] (ariv)
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Blank -- Filed: 8/2/1999, Entered: 8/2/1999 Request for Waiver of Service
REQUEST FOR WAIVER of Service as to W. O. Ward 8/2/99 Waiver of Service due by 9/1/99 for W. O. Ward (ariv)
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Blank 14 Filed: 5/13/1999, Entered: 5/17/1999 OrderCourt Filing
ORDER filing plaintiff's complaint and amended complaint; directing Clerk to add Darnley Hodge as a defendant in this action; dismissing Riverside Regional Jail as a defendant as plaintiff no longer seeks to pursue this aciton against said defendant; dismissing plaintiff's claims #2, #3, and #4 without prejudice to plaintiff's right to submit these claims in another action once plaintiff has exhausted his administrative remedies; as defendant WArd is the only defendant named in plaintiff's remaining medical claim, defendant Hodge is dismissed as a defendant in this action; denying [13-1] motion by John Livesay for Appointment of Counsel; requesting defendant Ward to return the waiver of service within 30 days and, if he does so, file responsive pleadings within 60 days, entered and filed 5/13/99, ( signed by Judge Jerome B. Friedman ) O.B. Copies Mailed: 5/13/99 (ariv)
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Blank -- Filed: 5/13/1999, Entered: 5/17/1999 Request for Waiver of Service
REQUEST FOR WAIVER of Service as to W. O. Ward 5/13/99 Waiver of Service due by 6/14/99 for W. O. Ward (ariv)
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Blank 13 Filed: 5/10/1999, Entered: 5/11/1999 Jury Demand
DEMAND for jury trial by John Livesay (ariv)
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Blank 13 Filed: 5/10/1999, Entered: 5/11/1999, Terminated: 5/13/1999 Affidavit
AFFIDAVIT of John Livesay Re: [13-1] motion for Appointment of Counsel by John Livesay (ariv)
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Blank 13 Filed: 5/10/1999, Entered: 5/11/1999, Terminated: 5/13/1999 Motion to Appoint Counsel
MOTION by John Livesay for Appointment of Counsel (ariv)
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Blank 12 Filed: 5/6/1999, Entered: 5/7/1999 Response to Order to Show Cause
RESPONSE to order with money order in amount of $11.00 for copies of complaint and amended complaint, by John Livesay (ariv)
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Blank 11 Filed: 4/28/1999, Entered: 4/30/1999 OrderCourt Filing
ORDER directing plaintiff to submit two copies of his complaint and amended complaint within 30 days or face dismissal of this action, set Prisoner response due 6/1/99 , entered and filed 4/28/99, ( signed by Judge Jerome B. Friedman ) Copies Mailed: 4/28/99 (ariv)
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Blank 10 Filed: 4/14/1999, Entered: 4/20/1999 Amended Complaint
AMENDED COMPLAINT by John Livesay amending [1-1] complaint, conditionally filed. (ariv)
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Blank 9 Filed: 4/14/1999, Entered: 4/20/1999 Response to Order to Show Cause
RESPONSE to order regarding grievance procedures, by John Livesay, filed subject to defect. (ariv)
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Blank 8 Filed: 3/23/1999, Entered: 3/25/1999 Prisoner Trust Fund Account Statement
Inmate account report form from Riverside Regional Jail. (ariv)
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Blank 7 Filed: 3/15/1999, Entered: 3/19/1999 Prisoner Trust Fund Account Statement
Inmate account report form from Keen Mountain Correctional Center. (ariv)
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Blank 6 Filed: 3/12/1999, Entered: 3/12/1999 Prisoner Trust Fund Account Statement
Inmate account report form ffrom Powhatan Correctional Center. (ariv)
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Blank -- Filed: 3/11/1999, Entered: 3/11/1999 Filing Fee Received
Filing Fee Paid; FILING FEE $ 150.00 RECEIPT # 20240 (ariv)
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Blank 5 Filed: 3/9/1999, Entered: 3/10/1999 OrderCourt Filing
ORDER directing plaintiff to submit proof of exhaustion of administrative remedies, a completed questionnaire with service copies for defendants, and answers to the Court's interrogatories within 30 days or face dismissal of this action, set Prisoner response due 4/12/99 ; directing the Clerk to conditionally file the completed questionnaire as an amendment to plaintiff's complaint; advising plaintiff of certain procedural information; and advising plaintiff that the Court will not accept any other pleadings for filing or consideration until any assessed initial partial filing fee is paid, entered and filed 3/9/99, ( signed by Judge Jerome B. Friedman ) Copies Mailed: 3/10/99 (ariv)
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Blank 4 Filed: 2/22/1999, Entered: 2/26/1999 Miscellaneous Document
Consent to collection of fees by John Livesay (ariv)
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Blank 3 Filed: 1/25/1999, Entered: 1/29/1999 OrderCourt Filing
ORDER directing plaintiff to submit $150.00 filing fee or signed consent to collection of fees form within 30 days or face dismissal of this action, set Prisoner response due 3/1/99 , and advising plaintiff that the Court will not accept any other pleadings for filing or consideration until any assessed initial partial filing fee is paid, entered and filed 1/25/99, ( signed by Judge Jerome B. Friedman ) Copies Mailed: 1/25/99 (ariv)
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Blank 2 Filed: 11/24/1998, Entered: 11/25/1998 Motion for Leave to Proceed In Forma Pauperis
MOTION by John Livesay to Proceed in Forma Pauperis (ariv)
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Blank 1 Filed: 11/24/1998, Entered: 11/25/1998 Complaint
COMPLAINT, conditionally filed. (ariv)
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