Virginia Eastern District Court
Judge:M Hannah Lauck
Referred: Mark R Colombell
Case #: 3:23-cv-00356
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:May 31, 2023
Terminated:Aug 20, 2024

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Docket last updated: 05/09/2025 11:59 PM EDT
Tuesday, March 25, 2025
37 37 1 pgs order Order Tue 03/25 9:43 AM
MEMORANDUM ORDER (Directing Plaintiff's Place of Incarceration to Cease Collection the Filing Fee) - Plaintiff has paid the full filing fee for the present action. Accordingly, the accounting department at Plaintiff's place of incarceration is DIRECTED to cease collecting fees for the present action. The Clerk is DIRECTED to send a copy of this Memorandum Order to Plaintiff and the accounting department at Plaintiff's place of incarceration. Signed by Magistrate Judge Mark R. Colombell on 3/25/2025. Copies of Memorandum Order mailed as directed. (Kski, )
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Monday, March 10, 2025
36 36 misc Filing Fee Received Mon 03/10 10:27 AM
PLRA Filing fee: $ 350.00, receipt number 300006460 (Lgar, )
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Tuesday, August 20, 2024
35 35 order Judgment - Clerk Tue 08/20 4:28 PM
JUDGMENT IN A CIVIL CASE. IT IS ORDERED AND ADJUDGED that the action is DISMISSED WITHOUT PREJUDICE because Defendants have not opposed Plaintiff's Motion to Dismiss, and the Court finds that Defendants will not be substantially prejudiced. Judgment is hereby entered in favor of the Defendants: Harold W. Clarke, Mark Amonette MD, Steve Herrick, J.D. Oates, Dr. Alvin Harris, Dr. K. Sharma, N.P. Marrano, and R.N. J. Schnur. Signed by Clerk on 08/20/2024. Copy of Memorandum Opinion, Order, and Judgment mailed to Plaintiff. (Kski, )
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34 34 1 pgs order Order Dismissing Case Tue 08/20 4:25 PM
ORDER. It is ORDERED that: the Motion to Voluntarily Dismiss Action, (ECF No.32 ), is GRANTED; the action is DISMISSED WITHOUT PREJUDICE; and, the Clerk is DIRECTED to enter a final appealable Judgment in a Civil Case in favor of Defendants as a separate entry on the docket. Plaintiff does not request, and the Court does not grant, leave to amend, rendering this Order final and appealable. Should Plaintiff desire to appeal, a written notice of appeal must be filed with the Clerk of the Court within 30 days of the date of entry hereof. Failure to file a notice of appeal within that period may result in the loss of the ability to appeal. The Clerk is DIRECTED to send a copy of the Order and accompanying Memorandum Opinion to Plaintiff and counsel of record. It is so ORDERED. Signed by District Judge M. Hannah Lauck on 08/20/2024. (Kski, )
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33 33 1 pgs order Memorandum Opinion Tue 08/20 4:14 PM
MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 08/20/2024. (Kski, )
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Friday, July 19, 2024
32 32 motion Dismiss Voluntarily Fri 07/19 3:51 PM
MOTION to Voluntarily Dismiss Action by Daniel W. Phoenix.(Kski, )
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Att: 1 Envelope
Wednesday, July 10, 2024
31 31 1 pgs order Order Wed 07/10 10:36 AM
MEMORANDUM ORDER - Plaintiff, a Virginia inmate proceeding pro se and in forma pauperis, brings this action on June 4, 2024, the Court directed the Clerk to issue process for Defendants (ECF No.20 ). On July 2, 2024, Defendants Amonette, Clarke, Herrick, and Oates filed an Answer (ECF No.30 ). Accordingly, any party wishing to file a motion for summary judgment must do so within 60 days of the date of entry hereof. Signed by Magistrate Judge Mark R. Colombell on 07/10/2024. Copy of Order mailed to Plaintiff. (Kski, )
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Tuesday, July 02, 2024
30 30 answer Answer to Complaint Tue 07/02 2:56 PM
ANSWER to Complaint by Mark Amonette, MD, Harold W. Clarke, Steve Herrick, J.D. Oates.(Davis, Timothy)
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Monday, June 24, 2024
29 29 service Summons Returned Executed Mon 06/24 11:47 AM
SUMMONS Returned Executed Alvin Harris served on 6/18/2024, answer due 7/9/2024; Marrano served on 6/18/2024, answer due 7/9/2024; J. Schnur served on 6/18/2024, answer due 7/9/2024; K. Sharma served on 6/18/2024, answer due 7/9/2024 (Kski, )
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Thursday, June 13, 2024
28 28 service Summons Issued Fri 06/14 3:32 PM
Summons Issued as to Alvin Harris, Marrano, J. Schnur, K. Sharma. Clerk placed in USM box for service of process.(jenjones, )
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Att: 1 USM285 Forms
27 27 2 pgs order Order on Motion for Miscellaneous Relief Order on Motion to Substitute Attorney Order on Motion for Extension of Time to File Response/Reply Thu 06/13 11:20 AM
ORDER that: The Clerk is DIRECTED to issue process for Defendants Harris, Shanna, Marrano, and Schnur at the address provided by Plaintiff (see ECF No.19 , at 1); The Marshal is DIRECTED to serve Defendants in accordance with Federal Rule of Civil Procedure 4(e) and file his returns within thirty (30) days of the date of entry hereof. Service shall include a copy of this Memorandum Order along with the Complaint (ECF No.1 ). The Marshal shall send a copy of the USM 285 Form to Plaintiff. The Motion for Service19 is DENIED as unnecessary. The Motion to Substitute Counsel23 is GRANTED. The Clerk shall terminate Stacey Ann Sessoms as counsel and discontinue ECF notices to her. Counsel for the Virginia Department of Corrections Defendants has filed a Motion for Extension of Time seeking an additional twenty-one (21) days in which to file a response.26 . The Motion for Extension of Time26 is GRANTED to the extent that any response must be filed by July 2, 2024. It is so ORDERED. Signed by Magistrate Judge Mark R. Colombell on 6/13/2024. Copy of Memorandum Order mailed to Plaintiff as directed. (jenjones, )
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Tuesday, June 11, 2024
26 26 motion Extension of Time to File Response/Reply Tue 06/11 4:54 PM
MOTION for Extension of Time to File Response/Reply by Mark Amonette, MD, Harold W. Clarke, Steve Herrick, J.D. Oates.(Davis, Timothy)
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Att: 1 Proposed Order
24 24 service Summons Returned Unexecuted Tue 06/11 3:00 PM
Summons Returned Unexecuted as to J. Schnur. (Kski, )
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Thursday, June 06, 2024
23 23 motion Substitute Attorney Thu 06/06 3:47 PM
MOTION to Substitute Attorney and Request to Discontinue ECF Notices as to Stacie Ann Sessoms by Mark Amonette, MD, Harold W. Clarke, Steve Herrick, J.D. Oates.(Davis, Timothy)
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Att: 1 Proposed Order
Tuesday, June 04, 2024
21 21 service Summons Issued Wed 06/05 10:07 AM
Summons Issued as to J. Schnur. Placed in USM box for service.(Kski, )
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Att: 1 USM 285
20 20 2 pgs order Order Tue 06/04 4:27 PM
MEMORANDUM ORDER (Directing the Marshal to Serve Defendant) that the Clerk is DIRECTED to issue process for Defendant Schnur at the address provided by counsel UNDER SEAL 18 . The Marshal is DIRECTED to serve Defendant Schnur in accordance with Federal Rule of Civil Procedure 4( e) and file his return within 30 days of the date of entry hereof. Service shall include a copy of this Memorandum Order and the Complaint1 . The Marshal shall NOT send a copy of the USM 285 Form to Plaintiff or provide any information to Plaintiff that contains Defendant Schnur's address. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Mark R. Colombell on 06/04/2024. Copy of Order mailed to Plaintiff. (Kski, )
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Monday, June 03, 2024
19 19 motion Miscellaneous Relief (MOTION) Tue 06/04 2:34 PM
MOTION for Service by the U.S. Marshal Service by Daniel W. Phoenix.(Kski, )
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Att: 1 Attachments,
Att: 2 Envelope
Thursday, May 16, 2024
17 17 notice Notice (other) Thu 05/16 12:19 PM
NOTICE by Mark Amonette, MD, Harold W. Clarke, Steve Herrick, J.D. Oates Of Declination as to Dr. Alvin Harris, Dr. K. Sharma, N.P. Marrano and R.N. J. Schnur (Sessoms, Stacie)
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16 16 service Waiver of Service Executed Thu 05/16 11:58 AM
WAIVER OF SERVICE Returned Executed by Mark Amonette, MD, Harold W. Clarke, Steve Herrick, J.D. Oates. Mark Amonette, MD waiver sent on 4/12/2024, answer due 6/11/2024; Harold W. Clarke waiver sent on 4/12/2024, answer due 6/11/2024; Steve Herrick waiver sent on 4/12/2024, answer due 6/11/2024; J.D. Oates waiver sent on 4/12/2024, answer due 6/11/2024. (Sessoms, Stacie)
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15 15 notice Notice of Appearance Thu 05/16 11:55 AM
NOTICE of Appearance by Stacie Ann Sessoms on behalf of Mark Amonette, MD, Harold W. Clarke, Steve Herrick, J.D. Oates (Sessoms, Stacie)
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Friday, April 19, 2024
14 14 2 pgs order Order Prisoner Service (1983) Fri 04/19 12:01 PM
MEMORANDUM ORDER (Serving the Virginia Department of Corrections Defendants) - It is ORDERED that: Plaintiff has ninety (90) days from the date of entry hereof to serve the defendants. The Clerk is DIRECTED to transmit a copy of this Memorandum Order, a waiver of service of process, and the Complaint (ECF No.1 ) to the Attorney General's Office. Signed by Magistrate Judge Mark R. Colombell on 04/19/2024. (Copy mailed to Plaintiff)(Kski, )
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Att: 1 Waiver of Service of Summons
Thursday, October 12, 2023
13 13 misc Letter Fri 10/13 9:30 AM
Letter from Daniel Phoenix.(adun, )
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Att: 1 Envelope
Friday, September 01, 2023
12 12 2 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Fri 09/01 9:39 AM
MEMORANDUM ORDER (Filing Action and Screening Because Inmate Cannot Pay Initial Partial Filing Fee). It is ORDERED that: The action is FILED and Plaintiff is GRANTED leave to proceed in forma pauperis. The action will now be screened in conformity with 28 U.S.C. § 1915(e)(2). The institution where Plaintiff is confined will mail twenty percent (20%) of all of Plaintiffs deposits to the Court until the balance of $350.00 is paid. The Clerk is DIRECTED to update Plaintiff's name on the docket as reflected. It is so ORDERED. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Mark R. Colombell on 8/31/2023. (Kat) (Copy mailed to Plaintiff. Consent to Collection of Fees and copy of Memorandum Order mailed to Plaintiff's place of incarceration)
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Thursday, August 24, 2023
11 11 respoth Response Other Fri 08/25 8:57 AM
Response to8 Memorandum Order, filed by Daniel W. Jamison. (smej, )
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Att: 1 Daily Receipt,
Att: 2 Envelope
Monday, August 21, 2023
10 10 misc Prisoner Trust Fund Account Statement Tue 08/22 1:21 PM
Prisoner Trust Fund Account Statement as to Daniel W. Jamison. (smej, )
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Monday, August 14, 2023
9 9 notice Notice (other) Mon 08/14 3:35 PM
NOTICE of Name Change by Daniel W. Jamison (smej, )
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Att: 1 Envelope
Thursday, August 10, 2023
8 8 2 pgs order Order Thu 08/10 3:40 PM
MEMORANDUM ORDER (Assessing Initial Partial Filing Fee) - It is ORDERED that: Within thirty (30) days of the date of entry hereof, Plaintiff must submit an initial partial filing fee of $95.17 or state under penalty of perjury that he does not have sufficient assets to pay such a fee. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Mark R. Colombell on 8/10/2023. (Copy mailed to plaintiff) (smej, )
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Thursday, July 20, 2023
7 7 respoth Response Other Thu 07/20 3:08 PM
Response to3 Memorandum Order, filed by Daniel W. Jamison. (smej, )
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Att: 1 Envelope
6 6 motion Proceed In Forma Pauperis Thu 07/20 3:07 PM
MOTION for Leave to Proceed in forma pauperis by Daniel W. Jamison. (smej, )
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Att: 1 Account Receipt,
Att: 2 Envelope
5 5 misc Consent to Collection of Fees Thu 07/20 3:06 PM
Consent to Collection of Fees by Daniel W. Jamison. (smej, )
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Att: 1 Envelope
Friday, July 14, 2023
4 4 misc Letter Wed 07/19 12:42 PM
Letter from Daniel Jamison re copies. (smej, ) (Main Document 4 replaced on 7/19/2023) (smej, )
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Att: 1 Letter from Clerk's Office
Friday, June 30, 2023
3 3 3 pgs order Order Fri 06/30 3:08 PM
MEMORANDUM ORDER (Conditionally Docketing Action) - It is ORDERED that: this action is CONDITIONALLY docketed; Plaintiff to submit statement as set out herein within 30 days of entry hereof; Clerk to obtain certified copy of Plaintiffs trust fund account for 6-month period immediately preceding the initiation of this action; Plaintiff must affirm his intention to pay the entire $350.00 filing fee; Plaintiff to return the Consent to Collection of Fees form within thirty (30) days of entry hereof. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Mark R. Colombell on 6/30/2023. (Copy of Memorandum Order mailed to Plaintiff with IFP Form and Consent to Collection of Fees. Inmate Account Form and copy of Memorandum Order mailed to Plaintiff's Institution.) (smej, )
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Wednesday, May 31, 2023
2 2 motion Proceed In Forma Pauperis Thu 06/01 1:39 PM
MOTION for Leave to Proceed in forma pauperis by Daniel W. Jamison. (smej, )
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Att: 1 Pleading,
Att: 2 Statement,
Att: 3 Letter,
Att: 4 Envelope
1 1 cmp Complaint Prisoner (1983) Thu 06/01 1:38 PM
Prisoner COMPLAINT against Mark Amonette, MD, Harold W. Clarke, Alvin Harris, Steve Herrick, Marrano, J.D. Oates, J. Schnur, K. Sharma, filed by Daniel W. Jamison. (smej, )
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Att: 1 Letter,
Att: 2 Envelope