Mallo v. Maston et al

5:24-cv-00053 | West Virginia Northern District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division Wheeling
Judge District Judge John Preston Bailey
Filed March 18, 2024
Terminated April 12, 2024
Case Flags CLOSED
Magistrate Magistrate Judge James P. Mazzone
Nature of Suit 550 Prisoner - Civil Rights
Cause 42:1983 Prisoner Civil Rights
Jury Demand None
Last Updated: 10 months ago Show Interactive Timeline
Filing Date # Docket Text
4/22/2024RETURN RECEIPT as to 18 Clerk's Judgment, 17 Order Dismissing Case. PER USPS website SERVICE ACCEPTED on 4/15/2024. (ag) (Entered: 04/22/2024)
4/12/2024
  • Motion for Judgment
CLERK'S JUDGMENT in favor of Nichols, Kristen Nichols, Martin Logan, Russell Maston against Farris E. Mallo Signed by Deputy Clerk on 4/12/2024. (ag)(pro se PLA cm rrr) (Additional attachment(s) added on 4/12/2024: # 1 Certified Mail Return Receipt) (ag). (Entered: 04/12/2024)
4/12/2024
  • Order
ORDER. The magistrate judge's report and recommendation [Doc. 11 ] is hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Plaintiffs response/objections [Doc. 14 ] are OVERRULED. Plaintiff's Complaint [Doc. 1 ] is hereby DISMISSED WITH PREJUDICE for failure to state a claim. The Motion to Add Two More Defendants [Doc. 5 ], the Motion to Prevent Division of Correction and Rehabilitation and/or Any of its Employee or its Actor Within the D.C.R. [Doc. 6 ], the Motion for Appointment of Guardian Ad Litem [Doc. 9 ], the Motion for Appointment of Counsel for Good Cause Shown [Doc. 13 ] are DENIED. The Motion for Leave to Appeal In Forma Pauperis [Doc. 15 ] is DENIED AS MOOT. This Court further DIRECTS the Clerk to enter judgment in favor of defendants and to STRIKE this case from the active docket of this Court. Signed by District Judge John Preston Bailey on 4/12/2024. (ag)(pro se PLA cm rrr) (Additional attachment(s) added on 4/12/2024: # 1 Certified Mail Return Receipt) (ag). (Entered: 04/12/2024)
4/9/2024RETURN RECEIPT as to 10 Order on Motion for Leave to Proceed in forma pauperis. SERVICE ACCEPTED on 4/01/2024. (ag) (Entered: 04/09/2024)
4/8/2024
  • Motion
MOTION for Leave to Appeal in forma pauperis by Farris E. Mallo. (Attachments: # 1 Envelope)(ag) (Entered: 04/08/2024)
4/8/2024
  • Motion for Judgment
JUDGMENT ON APPEAL OF MAGISTRATE JUDGE DECISION TO DISTRICT JUDGE re 10 Order and Objection to R&R 11 . (Attachments: # 1 Exhibit 1- Copy of doc 11, # 2 Exhibit 2- Copy of doc 10, # 3 Envelope)(ag) (Entered: 04/08/2024)
4/8/2024
  • Motion to Appoint Counsel
MOTION FOR APPOINTMENT OF COUNSEL FOR GOOD CAUSE SHOWN by Farris E. Mallo. (Attachments: # 1 Envelope)(ag) (Entered: 04/08/2024)
4/5/2024RETURN RECEIPT as to 11 REPORT AND RECOMMENDATION. SERVICE ACCEPTED on 4/01/2024. (ag) (Entered: 04/05/2024)
3/29/2024
  • Order
REPORT AND RECOMMENDATION: it is RECOMMENDED that the plaintiff's case be DISMISSED WITH PREJUDICE for failure to state a claim. It is further recommended that the 5 Motion to Add Two More Defendants, the 6 Motion to Prevent Division of Correction and Rehabilitation and/or Any of its Employee or its Actor Within the D.C.R. be DENIED, as well as the 9 Motion for Appointment of Guardian Ad Litem be DENIED. Written objections may be filed within fourteen days of the entry of this Report and Recommendation. Failure to file written objections shall constitute a waiver of de novo review by the District Court and a waiver of appellate review. Signed by Magistrate Judge James P. Mazzone on 3/29/2024. (copy to pro se plaintiff via cm,rrr) (nmm) (Additional attachment(s) added on 3/29/2024: # 1 Certified Mail Return Receipt) (nmm). (Entered: 03/29/2024)
3/28/2024
  • Order
ORDER: the Court will waive the initial filing fee and plaintiff's 2 Application and Affidavit to Proceed Without Prepayment of Fees is hereby GRANTED. Signed by Magistrate Judge James P. Mazzone on 3/28/2024. (copy to pro se plaintiff via cm,rrr; copy to Fin. Deputy and Trustee Clerk w/Consent to Collections) (nmm) (Additional attachment(s) added on 3/28/2024: # 1 Certified Mail Return Receipt) (nmm). (Entered: 03/28/2024)
3/25/2024
  • Motion
MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM by Farris E. Mallo. (Attachments: # 1 Envelope)(nmm) (Entered: 03/25/2024)
3/25/2024RETURN RECEIPT as to 7 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. SERVICE ACCEPTED on 3/21/2024. (nmm) (Entered: 03/25/2024)
3/18/2024NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. (ag)(pro se PLA cm rrr) (Additional attachment(s) added on 3/18/2024: # 1 Certified Mail Return Receipt) (ag). (Entered: 03/18/2024)
3/18/2024
  • Motion
MOTION TO PREVENT DIVISION OF CORRECTION AND REHABILITATION AND/OR ANY OF ITS EMPLOYEE OR ITS ACTOR WITHIN THE D.C.R by Farris E. Mallo. (Attachments: # 1 Envelope)(ag) (Entered: 03/18/2024)
3/18/2024 MOTION to Amend/Correct styled "MOTION TO ADD TWO MORE DEFENDANTS" by Farris E. Mallo. (Attachments: # 1 Envelope)(ag) (Entered: 03/18/2024)
3/18/2024** SEALED ** Prisoner Trust Fund Account Statement by Farris E. Mallo. (Attachments: # 1 Ledger Sheets, # 2 Envelope)(ag) (Entered: 03/18/2024)
3/18/2024** SEALED ** Consent to Collection of Fees from Trust Account by Farris E. Mallo. (Attachments: # 1 Envelope)(ag) (Entered: 03/18/2024)
3/18/2024
  • Motion to Proceed in Forma Pauperis
** SEALED** MOTION for Leave to Proceed in forma pauperis by Farris E. Mallo. (Attachments: # 1 Envelope)(ag) (Entered: 03/18/2024)
3/18/2024
  • Complaint
COMPLAINT against Martin Logan, Russell Maston, Nichols, Kristen Nichols, filed by Farris E. Mallo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Envelope)(ag) (Entered: 03/18/2024)