Robinson v. Sharp

Federal Civil Lawsuit South Carolina District Court, Case No. 5:17-cv-01011
District Judge J. Michelle Childs, presiding
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District Judge J. Michelle Childs
Last Updated July 29, 2025 at 5:33 PM EDT (9.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [04A2728], Plaintiff
v.
No Logo Anonymized Party [439170E], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Whittington Clement
Space Benjamin Houston Joyce

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com
Space William Marshall O'Neil bill.oneil@hoodlaw.com
No Logo Anonymized Party [6120EC6], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Whittington Clement
Space Benjamin Houston Joyce

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com
Space William Marshall O'Neil bill.oneil@hoodlaw.com
No Logo Anonymized Party [8E02901], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Whittington Clement
Space Benjamin Houston Joyce

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com
Space William Marshall O'Neil bill.oneil@hoodlaw.com
No Logo Anonymized Party [BB7C55F], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Whittington Clement
Space Benjamin Houston Joyce

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com
Space William Marshall O'Neil bill.oneil@hoodlaw.com
No Logo Anonymized Party [C18AA9A], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Whittington Clement
Space Benjamin Houston Joyce

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com
Space William Marshall O'Neil bill.oneil@hoodlaw.com
No Logo Anonymized Party [DF383A6], Defendant

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space James Whittington Clement jim.clement@hoodlaw.com
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com
Space William Marshall O'Neil bill.oneil@hoodlaw.com

Represented by Lesemann and Associates LLC

Name Phone Fax E-Mail
Space Benjamin Houston Joyce bhj@lalawsc.com
No Logo Classification Department, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Whittington Clement

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com
No Logo Classification McKensey, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Whittington Clement
Space Benjamin Houston Joyce

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com
Space William Marshall O'Neil bill.oneil@hoodlaw.com
No Logo Lt K Gregg, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Whittington Clement
Space Benjamin Houston Joyce

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com
Space William Marshall O'Neil bill.oneil@hoodlaw.com
No Logo Lt R Sowell, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Whittington Clement
Space Benjamin Houston Joyce

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com
Space William Marshall O'Neil bill.oneil@hoodlaw.com
No Logo Unit Counsel Foster, Defendant
No Logo Unit Counsel McCall, Defendant
No Logo Unit Manager McCullough, Defendant
Attributes
Citation Section 42 U.S.C. § 1983
Nature of Suit Prisoner: Civil Rights
Jurisdiction Federal Question
Case Status closed
Jury Demand Both
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 125 Filed: 12/21/2018, Entered: 12/21/2018
USCA MANDATE and Order as to 120 Notice of Appeal. (Attachments: # 1 Order)(hcic, )
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Blank 123 Filed: 10/18/2018, Entered: 10/18/2018
ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re 120 Notice of Appeal, Electronic record successfully transmitted. (lsut, )
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Blank 122 Filed: 10/18/2018, Entered: 10/18/2018
***DOCUMENT MAILED: 120 Notice of Appeal w/NEF, 121 Transmittal Sheet for Notice of Appeal to USCA w/NEF, placed in U.S. Mail to 04A2728 #294233 Lee Correctional Institution, F-1-2241-B 990 Wisacky Hwy Bishopville, SC 29010. (lsut, )
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Legal Document (Payment Possibly Required) 121 Filed: 10/18/2018, Entered: 10/18/2018
Transmittal Sheet for Notice of Appeal to USCA re 120 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (lsut, ) Modified on 10/19/2018 to edit text (prou, ).
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Legal Document (Payment Possibly Required) 120 Filed: 10/9/2018, Entered: 10/18/2018
NOTICE OF APPEAL as to 117 Order Ruling on Report and Recommendation by 04A2728. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov. (Attachments: # 1 Letter from Fourth Circuit, # 2 Envelope)(lsut, )
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Blank 119 Filed: 9/28/2018, Entered: 9/28/2018
***DOCUMENTS MAILED: 117 Order Ruling on Report and Recommendation w/NEF, 118 Summary Judgment w/NEF, placed in U.S. Mail to 04A2728, #294233, Lee Correctional Institution, F-1-2241-B, 990 Wisacky Hwy, Bishopville, SC 29010. (prou, )
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Legal Document (Payment Possibly Required) 118 Filed: 9/28/2018, Entered: 9/28/2018
SUMMARY JUDGMENT: Summary Judgment is entered in favor of the Defendants and this case is closed. (prou, )
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Legal Document (Payment Possibly Required) 117 Filed: 9/28/2018, Entered: 9/28/2018 Court Filing
ORDER RULING ON REPORT AND RECOMMENDATION: After a thorough review of the Report and the record in this case, the court ACCEPTS the Magistrate Judge's Report and Recommendation (ECF No. 108 ) and GRANTS Defendants' Motion To Dismiss Or In The Alternative Motion For Summary Judgment (ECF No. 83 ). IT IS SO ORDERED. Signed by Honorable J Michelle Childs on 9/28/2018. (prou, )
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Legal Document (Payment Possibly Required) 116 Filed: 9/6/2018, Entered: 9/7/2018
Letter from 04A2728 regarding change of address. (Attachments: # 1 Envelope)(prou, )
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Legal Document (Payment Possibly Required) 115 Filed: 9/4/2018, Entered: 9/5/2018
NOTICE of Change of Address by 04A2728 from 04A2728, #294233, Turbeville Correctional Institution, 1578 Clarence Coker Hwy, Turbeville, SC 29162 **TO** 04A2728, #294233, Lee Correctional Institution, F-1-2241-B, 990 Wisacky Hwy, Bishopville, SC 29010. (Attachments: # 1 Envelope)(prou, )
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Legal Document (Payment Possibly Required) 112 Filed: 7/27/2018, Entered: 7/27/2018
REPLY by 8E02901, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell to 108 REPORT AND RECOMMENDATION re 83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative MOTION for Summary Judgment filed by R Sowell, C18AA9A, 439170E, DF383A6, 6120EC6, Classification, 110 Objection to Report and Recommendation . (Ganes, Elloree)
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Legal Document (Payment Possibly Required) 110 Filed: 7/13/2018, Entered: 7/13/2018
OBJECTION to 108 Report and Recommendation by 04A2728. Reply to Objections due by 7/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Envelope)(prou, )
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Blank 109 Filed: 7/3/2018, Entered: 7/3/2018
***DOCUMENT MAILED: 108 REPORT AND RECOMMENDATION w/NEF, placed in U.S. Mail to 04A2728, #294233, Turbeville Correctional Institution, 1578 Clarence Coker Hwy, Turbeville, SC 29462. (prou, )
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Legal Document (Payment Possibly Required) 108 Filed: 7/3/2018, Entered: 7/3/2018 Court Filing
REPORT AND RECOMMENDATION: It is recommended that Defendants DF383A6, McKensey, Sowell, 439170E, 8E02901, C18AA9A, Gregg, McCullough, BB7C55F, Foster, McCall, and 6120EC6 Motion for Summary Judgment, ECF No. 83 , as to all of Plaintiff 04A2728 claims be granted. Objections to R&R due by 7/17/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 7/3/2018. (Attachments: # 1 Notice of Right to File Objections)(prou, )
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Blank 107 Filed: 6/26/2018, Entered: 6/26/2018
DELETION OF DOCKET ENTRY NUMBER Entry #107 Reason: per chambers (dsto, )
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Blank 106 Filed: 6/5/2018, Entered: 6/5/2018
DELETION OF DOCKET ENTRY NUMBER 106 Reason: Document was entered in error. (prou, )
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Blank 105 Filed: 6/4/2018, Entered: 6/4/2018
***DOCUMENT MAILED: 104 Text Order on Motion to Supplement the Record with Evidence, placed in U.S. Mail to 04A2728, #294233, Turbeville Correctional Institution, EB-253-AB, 1578 Clarence Coker Hwy, Turbeville, SC 29462. (prou, )
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Blank 104 Filed: 6/4/2018, Entered: 6/4/2018 Court Filing
TEXT ORDER: Plaintiff 04A2728 Motion to Supplement the Record With Evidence, ECF No. 103 , is granted. Signed by Magistrate Judge Kaymani D West on 6/4/2018.(prou, )
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Legal Document (Payment Possibly Required) 103 Filed: 5/25/2018, Entered: 5/25/2018
MOTION to Supplement the Record with Evidence by 04A2728. Response to Motion due by 6/8/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents, # 2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, )
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Legal Document (Payment Possibly Required) 102 Filed: 5/14/2018, Entered: 5/16/2018
Letter from 04A2728 regarding address change. (Attachments: # 1 Envelope)(prou, )
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Legal Document (Payment Possibly Required) 101 Filed: 5/9/2018, Entered: 5/9/2018
NOTICE of Change of Address by 04A2728 from 04A2728, #294233, Broad River Correctional Institution, Moultrie Rm #2255-B, 4460 Broad River Road, Columbia, SC 29210 **TO** 04A2728, #294233, Turbeville Correctional Institution, EB-253-AB, 1578 Clarence Coker Hwy, Turbeville, SC 29462. (Attachments: # 1 Envelope)(prou, )
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Legal Document (Payment Possibly Required) 99 Filed: 2/22/2018, Entered: 2/22/2018
STATUS REPORT by 8E02901, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell. (Attachments: # 1 Exhibit A - 04A2728 RRFP 0337, 0340, 0342, 0344)(Clement, James)
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Legal Document (Payment Possibly Required) 98 Filed: 2/14/2018, Entered: 2/15/2018
RESPONSE in Opposition re 83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative MOTION for Summary Judgment Response filed by 04A2728.Reply to Response to Motion due by 2/21/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Declaration of 04A2728, # 2 Supporting Documents, # 3 Envelope)(prou, )
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Legal Document (Payment Possibly Required) 97 Filed: 2/12/2018, Entered: 2/12/2018
REPLY to Response to Motion re 80 MOTION to Compel Response filed by 04A2728. (Attachments: # 1 Envelope)(prou, )
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Legal Document (Payment Possibly Required) 96 Filed: 2/9/2018, Entered: 2/9/2018
REPLY to Response to Motion re 78 MOTION for Reconsideration re 76 Order on Motion to Compel. Response filed by 04A2728. (Attachments: # 1 Envelope)(prou, )
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Blank 94 Filed: 2/8/2018, Entered: 2/8/2018
***DOCUMENT MAILED: 93 Text Order on Motion to Compel, placed in U.S. Mail to 04A2728, #294233, Broad River Correctional Institution, Moultrie Rm #2255-B, 4460 Broad River Road, Columbia, SC 29210. (prou, )
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Blank 93 Filed: 2/8/2018, Entered: 2/8/2018 Court Filing
TEXT ORDER: Plaintiff moves to compel production of certain documents that he requested that Defendants produce. ECF No. 80 . Defendants respond and aver that they have supplemented their responses to Plaintiff's request for production and have provided most of the documents that Plaintiff asserted had not been provided in connection with Defendants' response to his request for production of documents. ECF No. 82 . Defendants assert, however, that they have not produced 1) a copy of a form document that Plaintiff signed requesting protected-concerns status (RFP #6), or 2) the recommendation filed at Broad River Correctional Institution in 2016 releasing Plaintiff to Lee Correctional Institution (RFP #11), because "Defendants are not in possession of" the requested documents. Id. Plaintiff does not reply. Defendants do not provide any information about why they are not in possession of the documents, each of which appear to be the type of document that the South Carolina Department of Corrections ("SCDC") would maintain in the usual course of business. Defendants also fail to explain any steps that they have taken to obtain those documents. Defendants are directed to undertake efforts to obtain the requested documents from SCDC records and to provide them to Plaintiff on or before February 22, 2018. If Defendants are unable to locate the documents following a diligent search, Defendants shall file a status report to the court to such effect on or before February 22, 2018. In any status report, Defendants must inform that court of the efforts they made to obtain the requested documents and must explain why they were unable to obtain possession of them. Accordingly, Plaintiff's Motion to Compel is partially denied insofar as it seeks to compel production of the documents that Defendants have now provided and partially granted insofar as it seeks the forms that Defendants say are not currently in their possession. IT IS SO ORDERED. Signed by Magistrate Judge Kaymani D West on 2/8/2018.(prou, )
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Blank 92 Filed: 2/8/2018, Entered: 2/8/2018
***DOCUMENT MAILED: 91 Text Order on Motion for Reconsideration, placed in U.S. Mail to 04A2728, #294233, Broad River Correctional Institution, Moultrie Rm #2255-B, 4460 Broad River Road, Columbia, SC 29210. (prou, )
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Blank 91 Filed: 2/8/2018, Entered: 2/8/2018 Court Filing
TEXT ORDER: Plaintiff submitted a Motion, ECF No. 78 , seeking reconsideration of the court's Text Order denying his two motions to compel as moot, ECF No. 76 . In an earlier Text Order, ECF No. 68 , the court instructed Defendants to provide an update on the status of their responses to discovery. In response, Defendants filed ECF No. 71 , a status report indicating they served responses to Plaintiff's discovery on January 2, 2018. Plaintiff asserts in his Motion for Reconsideration that as of the date of his motion he had not received any discovery responses and had not received a copy of ECF No. 71 . Defendants filed a Response in Opposition to Plaintiff's Motion for Reconsideration, ECF No. 81 , noting that in a separate motion to compel Plaintiff acknowledged receipt of ECF No. 71 . Having been advised by Plaintiff that he received Defendants' status report, ECF No. 80 at 1, Plaintiff's Motion for Reconsideration of the Text Order at ECF No. 76 is denied as moot. IT IS SO ORDERED. Signed by Magistrate Judge Kaymani D West on 2/8/2018.(prou, )
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Blank 89 Filed: 2/8/2018, Entered: 2/8/2018
***DOCUMENT MAILED: 87 Order Ruling on Report and Recommendation w/NEF, placed in U.S. Mail to 04A2728, #294233, Broad River Correctional Institution, Moultrie Rm #2255-B, 4460 Broad River Road, Columbia, SC 29210. (prou, )
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Legal Document (Payment Possibly Required) 87 Filed: 2/7/2018, Entered: 2/8/2018 Court Filing
ORDER RULING ON REPORT AND RECOMMENDATION: The court ACCEPTS the Magistrate Judge's Report and Recommendation (ECF No. 27 ) and incorporates it herein. Therefore, the court partially DISMISSES, without prejudice, Plaintiff's Complaint as to his claims regarding 14th Amendment retaliation, 14th Amendment disciplinary action, attempted murder, 14th Amendment job loss, and all claims against the Classification Department (ECF No. 1 ). IT IS SO ORDERED. Signed by Honorable J Michelle Childs on 2/7/2018. (prou, )
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Blank 86 Filed: 2/7/2018, Entered: 2/7/2018
***DOCUMENT MAILED: 85 Roseboro Order w/NEF, placed in U.S. Mail to 04A2728, #294233, Broad River Correctional Institution, Moultrie Rm #2255-B, 4460 Broad River Road, Columbia, SC 29210. (prou, )
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Legal Document (Payment Possibly Required) 85 Filed: 2/7/2018, Entered: 2/7/2018 Court Filing
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to 83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative MOTION for Summary Judgment . Response to Motion due by 3/12/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 2/7/2018. (prou, )
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Legal Document (Payment Possibly Required) 83 Filed: 2/2/2018, Entered: 2/2/2018
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative, MOTION for Summary Judgment ( Response to Motion due by 2/16/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by 8E02901, Classification Department, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell. (Attachments: # 1 Memo in Support, # 2 Exhibit Inmate History, # 3 Exhibit Discipline, # 4 Exhibit Grievance History, # 5 Exhibit Protective Custody Documents)No proposed order.Motions referred to Kaymani D West.(Ganes, Elloree)
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Legal Document (Payment Possibly Required) 82 Filed: 2/2/2018, Entered: 2/2/2018
RESPONSE in Opposition re 80 MOTION to Compel Response filed by 8E02901, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell.Reply to Response to Motion due by 2/9/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ganes, Elloree)
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Legal Document (Payment Possibly Required) 81 Filed: 1/25/2018, Entered: 1/25/2018
RESPONSE in Opposition re 78 MOTION for Reconsideration re 76 Order on Motion to Compel,,, Response filed by 8E02901, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell.Reply to Response to Motion due by 2/1/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ganes, Elloree)
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Legal Document (Payment Possibly Required) 80 Filed: 1/19/2018, Entered: 1/19/2018
MOTION to Compel Production by 04A2728. Response to Motion due by 2/2/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Defendants' Responses to Plaintiff's Motion for Production, # 2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, )
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Legal Document (Payment Possibly Required) 78 Filed: 1/11/2018, Entered: 1/11/2018
MOTION for Reconsideration re 76 Text Order on Motion to Compel, by 04A2728. Response to Motion due by 1/25/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, )
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Blank 77 Filed: 1/3/2018, Entered: 1/3/2018
***DOCUMENT MAILED: 76 Text Order on Motion to Compel, placed in U.S. Mail to 04A2728, #294233, Broad River Correctional Institution, Moultrie Rm #2255-B, 4460 Broad River Road, Columbia, SC 29210. (prou, )
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Blank 76 Filed: 1/3/2018, Entered: 1/3/2018 Court Filing
TEXT ORDER: Having been advised by defense counsel that Plaintiff has been served with responses to his discovery requests, see ECF No. 71 , Plaintiff's Motions to Compel, ECF Nos. 55 , 58 , are denied as moot. Signed by Magistrate Judge Kaymani D West on 1/3/2018.(prou, )
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Blank 75 Filed: 1/3/2018, Entered: 1/3/2018
***DOCUMENT MAILED: 73 Text Order on Motion to Substitute Attorney, placed in U.S. Mail to 04A2728, #294233, Broad River Correctional Institution, Moultrie Rm #2255-B, 4460 Broad River Road, Columbia, SC 29210. (prou, )
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Blank 73 Filed: 1/3/2018, Entered: 1/3/2018 Court Filing
TEXT ORDER: The Motion of Defendants DF383A6; Classification McKensey; Lt. R. Sowell; 439170E; D.H.O. 8E02901; D.H.O. C18AA9A; Lt. K. Gregg; BB7C55F; and 6120EC6 to Withdraw Benjamin H. Joyce, Esquire as Counsel in this matter, ECF No. 72 , is granted. Joyce is no longer associated with the Hood Law Firm, LLC. Elloree A. Ganes, Esquire and William M. ONeil, Esquire, attorneys with the Hood Law Firm, LLC, will continue to represent these Defendants. The Clerk should reflect this change on the docket. Signed by Magistrate Judge Kaymani D West on 1/3/2018.(prou, )
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Legal Document (Payment Possibly Required) 72 Filed: 1/2/2018, Entered: 1/2/2018
MOTION to Substitute Attorney Benjamin H. Joyce with William M. O'Neil (within firm) by 8E02901, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell. Response to Motion due by 1/16/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Kaymani D West.(Ganes, Elloree)
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Legal Document (Payment Possibly Required) 71 Filed: 1/2/2018, Entered: 1/2/2018
REPLY by 8E02901, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell to 68 Order on Motion for Extension of Time,,,,, . (Ganes, Elloree)
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Blank 69 Filed: 12/20/2017, Entered: 12/20/2017
***DOCUMENT MAILED: 68 Text Order on Motion for Extension of Time, placed in U.S. Mail to 04A2728, #294233, Broad River Correctional Institution, Moultrie Rm #2255-B, 4460 Broad River Road, Columbia, SC 29210. (prou, )
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Blank 68 Filed: 12/19/2017, Entered: 12/20/2017 Court Filing
TEXT ORDER: On November 6, 2017, Plaintiff filed a Motion to Compel production of certain discovery. ECF No. 55 . Thereafter, Plaintiff filed a Motion to Compel production of answers to interrogatories. ECF No. 58 . In Defendants' Responses to these Motions, they represent that they are still in the process of preparing and compiling responses to Plaintiff's discovery requests, ECF Nos. 62 , 63 , and they seek an additional 30 days in which to respond to Plaintiff's requests. Defendants' request for additional time to respond to Plaintiff's discovery is granted. Defendants are instructed to provide the court with a status update concerning their forthcoming responses to Plaintiff's discovery requests on or before January 2, 2018. In the meantime, Plaintiff's Motions to Compel will remain outstanding. Additionally, the current discovery deadline will be extended until January 2, 2018. On December 12, 2017, Defendants DF383A6, McKensey, Sowell, 439170E, 8E02901, C18AA9A, Gregg, BB7C55F, and 6120EC6 filed a Motion requesting an extension of time to file dispositive motions. ECF No. 66 . These Defendants' Motion is granted. The current dispositive motions deadline will be extended for all parties until February 2, 2018. IT IS SO ORDERED. Signed by Magistrate Judge Kaymani D West on 12/19/2017.(prou, )
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Legal Document (Payment Possibly Required) 66 Filed: 12/12/2017, Entered: 12/12/2017
MOTION for Extension of Time Dispositive Motion Deadline by 8E02901, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell. Response to Motion due by 12/27/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Kaymani D West.(Ganes, Elloree)
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Legal Document (Payment Possibly Required) 65 Filed: 12/11/2017, Entered: 12/12/2017
REPLY to Response to Motion re 55 MOTION to Compel. Response filed by 04A2728. (Attachments: # 1 Envelope)(prou, )
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Legal Document (Payment Possibly Required) 63 Filed: 12/1/2017, Entered: 12/1/2017
RESPONSE to Motion re 58 MOTION to Compel Response filed by 8E02901, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell.Reply to Response to Motion due by 12/8/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ganes, Elloree)
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Legal Document (Payment Possibly Required) 62 Filed: 11/30/2017, Entered: 11/30/2017
RESPONSE to Motion re 55 MOTION to Compel Response filed by 8E02901, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell.Reply to Response to Motion due by 12/7/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ganes, Elloree)
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Blank 61 Filed: 11/29/2017, Entered: 11/29/2017
***DOCUMENT MAILED: 60 Text Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to 04A2728, #294233, Broad River Correctional Institution, Moultrie Rm #2255-B, 4460 Broad River Road, Columbia, SC 29210. (prou, )
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Blank 60 Filed: 11/29/2017, Entered: 11/29/2017 Court Filing
TEXT ORDER granting 57 Motion for Extension of Time to File Response/Reply re 55 MOTION to Compel. Response to Motion due by 11/30/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 11/29/2017.(prou, )
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Legal Document (Payment Possibly Required) 58 Filed: 11/27/2017, Entered: 11/28/2017
MOTION to Compel Interrogatories by 04A2728. Response to Motion due by 12/11/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Motion for Interrogatories, # 2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, )
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Legal Document (Payment Possibly Required) 57 Filed: 11/20/2017, Entered: 11/20/2017
MOTION for Extension of Time to File Response/Reply as to 55 MOTION to Compel by 8E02901, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell. Response to Motion due by 12/4/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Kaymani D West.(Joyce, Benjamin)
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Legal Document (Payment Possibly Required) 55 Filed: 11/6/2017, Entered: 11/6/2017
MOTION to Compel Production by 04A2728. Response to Motion due by 11/20/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Motion for Production, # 2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, )
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Legal Document (Payment Possibly Required) 54 Filed: 10/26/2017, Entered: 10/26/2017
NOTICE of Change of Address by 04A2728 from #294233, Perry Correctional Institution Q3-215-B, 430 Oak Lawn Road, Pelzer, SC 29669 **TO** 04A2728, #294233, Broad River Correctional Institution, Moultrie Rm #2255-B, 4460 Broad River Road, Columbia, SC 29210. (Attachments: # 1 Envelope)(prou, )
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Legal Document (Payment Possibly Required) 53 Filed: 10/25/2017, Entered: 10/26/2017
Letter from 04A2728. (Attachments: # 1 Envelope)(prou, )
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Legal Document (Payment Possibly Required) 52 Filed: 10/25/2017, Entered: 10/26/2017
Letter from 04A2728. (Attachments: # 1 Envelope)(prou, )
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Legal Document (Payment Possibly Required) 51 Filed: 9/29/2017, Entered: 9/29/2017
Letter from 04A2728. (Attachments: # 1 Envelope)(prou, )
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Blank 50 Filed: 9/19/2017, Entered: 9/19/2017
***DOCUMENT MAILED: 49 Scheduling Order w/NEF placed in U.S. Mail to 04A2728, #294233, Perry Correctional Institution Q3-215-B, 430 Oak Lawn Road, Pelzer, SC 29669. (prou, )
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Legal Document (Payment Possibly Required) 49 Filed: 9/19/2017, Entered: 9/19/2017 Court Filing
SCHEDULING ORDER: Motions to Amend Pleadings due by 10/19/2017, Discovery due by 11/17/2017, Motions due by 12/27/2017. Signed by Magistrate Judge Kaymani D West on 9/19/2017. (prou, )
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Legal Document (Payment Possibly Required) 48 Filed: 9/18/2017, Entered: 9/18/2017
NOTICE of Appearance by Benjamin Houston Joyce on behalf of 8E02901, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell (Joyce, Benjamin)
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Legal Document (Payment Possibly Required) 47 Filed: 9/13/2017, Entered: 9/13/2017
ANSWER to 1 Complaint,, by 8E02901, 6120EC6, K Gregg, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell.(Ganes, Elloree)
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Legal Document (Payment Possibly Required) 46 Filed: 9/1/2017, Entered: 9/5/2017
USM-285 Returned Unexecuted (Restricted Access) as to Unit Manager McCullough. (prou, )
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Legal Document (Payment Possibly Required) 45 Filed: 9/1/2017, Entered: 9/5/2017
USM-285 Returned Unexecuted (Restricted Access) as to Unit Counsel Foster. (prou, )
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Legal Document (Payment Possibly Required) 44 Filed: 9/1/2017, Entered: 9/5/2017
USM-285 Returned Unexecuted (Restricted Access) as to Unit Counsel McCall. (prou, )
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Legal Document (Payment Possibly Required) 43 Filed: 9/1/2017, Entered: 9/5/2017
USM-285 Returned Executed. DF383A6 served on 8/23/2017, answer due 9/13/2017. (prou, )
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Legal Document (Payment Possibly Required) 42 Filed: 9/1/2017, Entered: 9/5/2017
USM-285 Returned Executed. Classification McKensey served on 8/23/2017, answer due 9/13/2017. (prou, )
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Legal Document (Payment Possibly Required) 41 Filed: 9/1/2017, Entered: 9/5/2017
USM-285 Returned Executed. R Sowell served on 8/23/2017, answer due 9/13/2017. (prou, )
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Legal Document (Payment Possibly Required) 40 Filed: 9/1/2017, Entered: 9/5/2017
USM-285 Returned Executed. 439170E served on 8/23/2017, answer due 9/13/2017. (prou, )
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Legal Document (Payment Possibly Required) 39 Filed: 9/1/2017, Entered: 9/5/2017
USM-285 Returned Executed. 8E02901 served on 8/23/2017, answer due 9/13/2017. (prou, )
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Legal Document (Payment Possibly Required) 38 Filed: 9/1/2017, Entered: 9/5/2017
USM-285 Returned Executed. BB7C55F served on 8/23/2017, answer due 9/13/2017. (prou, )
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Legal Document (Payment Possibly Required) 37 Filed: 9/1/2017, Entered: 9/5/2017
USM-285 Returned Executed. 6120EC6 served on 8/23/2017, answer due 9/13/2017. (prou, )
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Legal Document (Payment Possibly Required) 36 Filed: 9/1/2017, Entered: 9/5/2017
USM-285 Returned Executed. K Gregg served on 8/23/2017, answer due 9/13/2017. (prou, )
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Legal Document (Payment Possibly Required) 35 Filed: 9/1/2017, Entered: 9/5/2017
USM-285 Returned Executed. C18AA9A served on 8/23/2017, answer due 9/13/2017. (prou, )
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Blank 32 Filed: 7/31/2017, Entered: 7/31/2017
***DOCUMENTS REMAILED: 25 Order 1983, 26 Order on Motion for Leave to Proceed in forma pauperis, 27 REPORT AND RECOMMENDATION re 1 Complaint, placed in U.S. Mail to 04A2728, #294233, Perry Correctional Institution Q3-215-B, 430 Oak Lawn Road, Pelzer, SC 29669. (prou, )
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Blank 29 Filed: 7/27/2017, Entered: 7/27/2017
***DOCUMENTS MAILED: 25 Order 1983, 26 Order on Motion for Leave to Proceed in forma pauperis, 27 REPORT AND RECOMMENDATION re 1 Complaint,, filed by 04A2728 placed in U.S. Mail to 04A2728, #294233, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC 29503. (prou, )
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Legal Document (Payment Possibly Required) 28 Filed: 7/27/2017, Entered: 7/27/2017
Summons Issued as to 8E02901, Unit Counsel Foster, 6120EC6, K Gregg, Unit Counsel McCall, Unit Manager McCullough, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell. (prou, )
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Legal Document (Payment Possibly Required) 27 Filed: 7/27/2017, Entered: 7/27/2017 Court Filing
REPORT AND RECOMMENDATION: It is recommended that the district court partially dismiss those aspects of the Complaint in this case discussed above (14th amendment retaliation, 14th amendment disciplinary action due process, attempted murder, 14th amendment job loss, all claims against classification department) without prejudice. The Complaint is being served on all Defendants other than Classification Department, with directions that they respond to the Eighth Amendment failure-to-protect claim and to the state-law-based gross negligence claim only. Objections to R&R due by 8/10/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 7/27/2017. (prou, )
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Blank 26 Filed: 7/27/2017, Entered: 7/27/2017 Court Filing
ORDER granting 2 Motion for Leave to Proceed in forma pauperis per 25 Order Signed by Magistrate Judge Kaymani D West on 7/27/2017.(prou, ) Modified on 7/27/2017 to edit text (prou, ).
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Legal Document (Payment Possibly Required) 25 Filed: 7/27/2017, Entered: 7/27/2017 Court Filing
ORDER authorizing service of process and collection of filing fee. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Signed by Magistrate Judge Kaymani D West on 7/27/2017. (prou, )
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Legal Document (Payment Possibly Required) 22 Filed: 6/26/2017, Entered: 6/27/2017
Letter from 04A2728. (Attachments: # 1 Envelope); Modified on 6/27/2017 to change event code per direction of Chambers.(prou, )
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Legal Document (Payment Possibly Required) 21 Filed: 6/19/2017, Entered: 6/19/2017
Letter from 04A2728 (Attachments: # 1 Envelope). (mcot, )
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Legal Document (Payment Possibly Required) 20 Filed: 6/9/2017, Entered: 6/9/2017
NOTICE of Change of Address by 04A2728 from Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC 29010 **TO** Perry Correctional Institution Q3-215-B, 430 Oak Lawn Road, Pelzer, SC 29669. (Attachments: # 1 Envelope)(prou, )
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Blank 18 Filed: 5/31/2017, Entered: 5/31/2017
***DOCUMENT MAILED 17 Text Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to 04A2728, #294233, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC 29503. (prou, )
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Blank 17 Filed: 5/31/2017, Entered: 5/31/2017 Court Filing
TEXT ORDER: Plaintiff's Motion for Extension of Time to comply with the initial Order, ECF No. 15 , is denied as moot because the docket discloses that Plaintiff has already complied with the the directions contained in the initial Order. Signed by Magistrate Judge Kaymani D West on 5/31/2017.(prou, )
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Legal Document (Payment Possibly Required) 15 Filed: 5/24/2017, Entered: 5/24/2017
MOTION for Extension of Time to File Response/Reply as to 12 Proper Form Order, by 04A2728. Response to Motion due by 6/7/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, )
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Blank 13 Filed: 5/3/2017, Entered: 5/3/2017
***DOCUMENTS MAILED: 12 Proper Form Order with NEF, Financial Certificate, Summons, and 12 USM-285's placed in U.S. Mail to 04A2728, #294233, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC 29503. (prou, )
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Legal Document (Payment Possibly Required) 12 Filed: 5/3/2017, Entered: 5/3/2017 Court Filing
PROPER FORM ORDER: Case to be brought into proper form by 5/24/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kaymani D West on 5/3/2017. (prou, )
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Legal Document (Payment Possibly Required) 7 Filed: 4/24/2017, Entered: 4/24/2017
Letter from 04A2728 (Attachments: # 1 Envelope). (mcot, ) Modified on 4/24/2017 to edit text (prou, ).
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Blank 3 Filed: 4/18/2017, Entered: 4/19/2017
TRUE DIVISION FOR TRIAL: Columbia. (mcot, )
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Legal Document (Payment Possibly Required) 2 Filed: 4/18/2017, Entered: 4/19/2017
MOTION for Leave to Proceed in forma pauperis (Restricted Access) by 04A2728. Response to Motion due by 5/2/2017. **Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.** (Attachments: # 1 Financial Certificate, # 2 Envelope). No proposed order. Motions referred to Kaymani D West. (mcot, ) (Additional attachment(s) added on 5/25/2017: # 3 Proper Form Financial Certificate, # 4 Cover Letter, # 5 Envelope) (mcot, ).
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Legal Document (Payment Possibly Required) 1 Filed: 4/18/2017, Entered: 4/19/2017
COMPLAINT against 8E02901, Classification Department, Unit Counsel Foster, 6120EC6, K Gregg, Unit Counsel McCall, Unit Manager McCullough, Classification McKensey, BB7C55F, C18AA9A, 439170E, DF383A6, R Sowell, filed by 04A2728. Service due by 7/17/2017 (Attachments: # 1 Cover Letters, # 2 Supporting Documents, # 3 Classification Committee Review and Disciplinary Hearing Report, # 4 Envelope). (mcot, ) (Additional attachment(s) added on 4/27/2017: # 5 Supplement to Complaint) (mcot, ).
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