Brejwo v. Kincaid

West Virginia Southern District Court
Judge:John T Copenhaver, Jr
Referred: Dwane L Tinsley
Case #: 2:23-cv-00121
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1331 Violation of First Amendment
Case Filed:Feb 14, 2023
Terminated:Mar 05, 2024
Case in other court:Circuit Court of Wood County, West Virginia, 22-C-26 Circuit Court of Wood County, West Virginia, 22-C-27 Magistrate Court of Wood County, West Virginia, 22-MC-255
Last checked: Sunday Aug 13, 2023 6:53 AM EDT
Defendant
Yvonne Kincaid
10571 Staunton Turnpike
Smithville, WV 26178
Plaintiff
Linda Brejwo
2800 Norwood Avenue
Parkersburg, WV 26101


Docket last updated: 05/20/2024 11:59 PM EDT
Tuesday, April 09, 2024
29 29 appeal Assembled Electronic Record On Appeal Transmitted To 4CCA Tue 04/09 12:46 PM
ASSEMBLED ELECTRONIC RECORD ON APPEAL TRANSMITTED TO 4CCA re:24 Notice of Appeal to 4CCA in 4CCA Case Number 24-1296 (klc)
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28 28 appeal Record Request From 4CCA Tue 04/09 10:56 AM
RECORD REQUEST in 4CCA Case Number 24-1296 (lca)
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27 27 appeal Notice Of Appellate Case Opening From 4CCA Tue 04/09 10:55 AM
NOTICE OF APPELLATE CASE OPENING BY 4CCA re:24 Notice of Appeal to 4CCA in 4CCA Case No. 24-1296 Case Manager: Rachel Phillips. (lca)
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Friday, April 05, 2024
26 26 appeal Transmittal Of Notice Of Appeal To 4CCA Fri 04/05 1:38 PM
TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via APPEAL TRANSMITTAL SHEET re:24 Notice of Appeal to 4CCA. (kew)
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25 25 notice Notice (Other) Fri 04/05 1:33 PM
ADDITIONAL DOCUMENTATION by Yvonne Kincaid in support of24 Notice of Appeal to 4CCA. (Attachment: #1 Envelope) (kew)
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24 24 appeal Notice Of Appeal to 4CCA Fri 04/05 1:22 PM
NOTICE OF APPEAL by Yvonne Kincaid as to20 Judgment Order and REQUEST to Proceed on Appeal without Prepayment of Fees. (Attachment: #1 Envelope) (kew)
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Monday, March 11, 2024
23 23 utility Remark (Receives Document Number) Mon 03/11 1:23 PM
ACKNOWLEDGEMENT by Clerk, Circuit Court of Wood County, West Virginia, of receipt of case file pursuant to the19 Memorandum Opinion and Order remanding this civil action. (mfo)
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Wednesday, March 06, 2024
22 22 respoth Objection To Proposed Findings And Recommendations Wed 03/06 12:56 PM
OBJECTIONS to18 Proposed Findings and Recommendations. (lca)
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Att: 1 Exhibit,
Att: 2 Envelope
Tuesday, March 05, 2024
21 21 misc Letter Tue 03/05 12:25 PM
LETTER to Clerk, Circuit Court of Wood County, West Virginia, from Clerk, USDC/SDWV dated 3/5/2024, re: transmitting case file pursuant to the Court's19 Memorandum Opinion and Order entered 3/5/2024, remanding this civil action. (kew)
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20 20 order Judgment Tue 03/05 12:03 PM
JUDGMENT ORDER directing that this civil action is REMANDED to the Circuit Court of Wood County, West Virginia. Signed by Senior Judge John T. Copenhaver, Jr. on 3/5/2024. (cc: counsel of record; any unrepresented parties; United States Magistrate Judge; certified copy to the clerk of court for the Circuit Court of Wood County) (kew)
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19 19 4 pgs order Order Adopting Proposed Findings and Recommendations Tue 03/05 12:00 PM
MEMORANDUM OPINION AND ORDER directing that the18 Proposed Findings and Recommendation is ADOPTED; Defendant's17 Request for Court Appointed Counsel is DENIED AS MOOT; this civil action is REMANDED to the Circuit Court of Wood County, West Virginia. Signed by Senior Judge John T. Copenhaver, Jr. on 3/5/2024. (cc: counsel of record; any unrepresented parties; United States Magistrate Judge; certified copy to clerk of court for the Circuit Court of Wood County) (kew)
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Wednesday, February 07, 2024
18 18 motion Proposed Findings and Recommendations By Magistrate Judge Wed 02/07 1:01 PM
PROPOSED FINDINGS AND RECOMMENDATION recommending that the17 REQUEST by Yvonne Kincaid for Court Appointed Counsel be denied as moot and this case be remanded to the Circuit Court of Wood County. This case no longer referred to Magistrate Judge Dwane L. Tinsley. If the PF&R was served electronically, Objections are due by 2/21/2024. If the PF&R was served by mail, Objections are due by 2/26/2024. Signed by Magistrate Judge Dwane L. Tinsley on 2/7/2024. (cc: counsel of record; any unrepresented party) (lca)
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Friday, January 05, 2024
misc Notice Of Docket Correction Fri 01/05 2:34 PM
NOTICE OF DOCKET CORRECTION re:17 REQUEST. Error: The image was missing a page. Correction: Replaced incorrect image with correct image. (mkw)
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Wednesday, January 03, 2024
17 17 motion Appointment Of Counsel Wed 01/03 2:35 PM
REQUEST by Yvonne Kincaid for Court Appointed Counsel. (Attachment: #1 Envelope) Motion referred to Magistrate Judge Dwane L. Tinsley. (kew)
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Tuesday, December 05, 2023
16 16 3 pgs order Order ~Util - Set/Reset Deadlines/Hearings ~Util - Terminate Motions Tue 12/05 4:14 PM
ORDER granting the14 MOTION by Yvonne Kincaid to Stay Proceedings Pending Recovery and the Retrieval of Documents; directing that Defendant's deadline to respond in compliance with the Court's5 Order to Show Cause is hereby EXTENDED to no later than 5:00 p.m. on 12/20/2023 (inclusive of the three-day mailing period set forth in Rule 6(d) of the Federal Rules of Civil Procedure); further directing that Defendant's response shall comply with the directives set forth herein; notifying Defendant that no further extensions will be granted, and continued failure to substantively respond to the Court's Show-Cause Order WILL result in a recommendation to the presiding District Judge that this matter be remanded to the Circuit Court of Wood County, West Virginia. Signed by Magistrate Judge Dwane L. Tinsley on 12/5/2023. (cc: counsel of record; any unrepresented party) (jsa)
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Monday, June 26, 2023
15 15 respm Exhibits In Support Mon 06/26 4:43 PM
ATTACHMENTS by Yvonne Kincaid in support of14 MOTION by Yvonne Kincaid to Stay Proceedings Pending Recovery and the Retrieval of Documents. (kew)
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Att: 1 Cover Letter,
Att: 2 Envelope
14 14 motion Stay - General Mon 06/26 4:40 PM
MOTION by Yvonne Kincaid to Stay Proceedings Pending Recovery and the Retrieval of Documents. Motion referred to Magistrate Judge Dwane L. Tinsley. (kew)
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13 13 1 pgs order Order Mon 06/26 4:08 PM
ORDER directing that defendant's motion and covering letter are filed; the Clerk is directed to refer this motion to the magistrate judge for further proceedings. Signed by Senior Judge John T. Copenhaver, Jr. on 6/26/2023. (cc: counsel of record; any unrepresented parties) (kew)
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Wednesday, April 12, 2023
12 12 2 pgs order Order Referring Case to Magistrate Judge ~Util - Set/Clear Flags ~Util - Terminate Motions Wed 04/12 1:23 PM
ORDER withdrawing the undersigned's March 29, 20236 Proposed Findings and Recommendation; granting the construed10 MOTION by Yvonne Kincaid for Enlargement of Time; extending the deadline for Defendant to comply with the5 Order to Show Cause to no later than 5:00 PM on 5/29/2023. Defendant is NOTIFIED that additional extensions of time will not be permitted absent a showing of good cause made prior to the expiration of the amended deadline set forth in this Order. Defendant is further NOTIFIED of her continuing obligation to notify the Court in writing immediately if any time her address changes. Finally, Defendant is further NOTIFIED that failure to comply with this Order in a timely manner will result in a renewed recommendation that this matter be remanded to the Circuit Court of Wood County, WV. Case is RE-REFERRED to Magistrate Judge Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. Signed by Magistrate Judge Dwane L. Tinsley on 4/12/2023. (cc: Plaintiff, pro se and Defendant, pro se) (arb)
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Tuesday, April 11, 2023
11 11 1 pgs order Order Tue 04/11 12:07 PM
ORDER re:10 MOTION by Yvonne Kincaid for Enlargement of Time; directing that the motion be filed and the Clerk is directed to refer the motion to Magistrate Tinsley. Signed by Senior Judge John T. Copenhaver, Jr. on 4/11/2023. (cc: counsel of record; any unrepresented parties) (lca)
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10 10 motion Miscellaneous Relief Tue 04/11 11:55 AM
MOTION by Yvonne Kincaid for Enlargement of Time re:5 Order to Show Cause (filed pursuant to #11 order). (lca) (Modified on 4/11/2023 to add link to #5 Order) (ts)
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utility Motions Referred Tue 04/11 12:01 PM
MOTION REFERRED to Magistrate Judge Dwane L. Tinsley:10 MOTION by Yvonne Kincaid for Enlargement of Time. (lca)
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Wednesday, March 29, 2023
6 6 motion Proposed Findings and Recommendations By Magistrate Judge Wed 03/29 4:13 PM
PROPOSED FINDINGS AND RECOMMENDATION that this case be REMANDED to the Circuit Court of Wood County, West Virginia. This case no longer referred to Magistrate Judge Dwane L. Tinsley. If the PF&R was served electronically, Objections are due by 4/12/2023. If the PF&R was served by mail, Objections are due by 4/17/2023. Signed by Magistrate Judge Dwane L. Tinsley on 3/29/2023. (cc: counsel of record; any unrepresented party) (mk) (Modified on 3/29/2023 to flatten signature; image replaced) (mk)
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Monday, March 06, 2023
5 5 3 pgs order Order to Show Cause Mon 03/06 10:51 AM
ORDER TO SHOW CAUSE directing that Defendant shall, no later than 3/20/2023, show cause as to why this action should not be remanded to the Circuit Court of Wood County for lack of subject-matter jurisdiction; to the extent she has not already done so, file a copy of the2 Notice of Removal with the Clerk of Court for the Circuit Court of Wood County, West Virginia; serve a copy of the Notice of Removal upon all parties in this civil action; and pursuant to 28 U.S.C. § 1447(a), file with the Clerk of Court for the United States District Court, Southern District of West Virginia, Charleston Division, a complete copy of all records of the proceedings before the State court as reflected on that court's docket sheet; Plaintiff Linda Brejwo may file a response by 3/31/2023, at which time the matter will be submitted to the undersigned. Signed by Magistrate Judge Dwane L. Tinsley on 3/6/2023. (cc: counsel of record; any unrepresented party) (btm)
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Friday, March 03, 2023
4 4 1 pgs order Order on Motion / Application / Petition to Proceed Without Prepayment of Fees or Costs Fri 03/03 4:10 PM
ORDER granting1 Application to Proceed Without Prepayment of Fees and Costs. Signed by Magistrate Judge Dwane L. Tinsley on 3/3/2023. (cc: counsel of record; any unrepresented party) (mfo)
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Wednesday, February 15, 2023
3 3 order Mag. Judge Tinsley - Standing Order For Assignment And Referral of Civil Actions And Matters Wed 02/15 10:01 AM
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 Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (klc)
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Tuesday, February 14, 2023
2 2 cmp Notice Of Removal Tue 02/14 1:13 PM
NOTICE OF REMOVAL by Yvonne Kincaid from Circuit Court of Wood County. (Attachment: #1 Envelope) (mfo)
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1 1 motion Proceed Without Prepayment Of Fees Or Costs Tue 02/14 1:11 PM
AFFIDAVIT by Yvonne Kincaid to Proceed without Prepayment of Fees or Costs. (mfo)
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utility Case Assigned Wed 02/15 9:59 AM
CASE assigned to Senior Judge John T. Copenhaver, Jr. (klc)
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