Hembree v. Branch et al
| Danny R. Hembree, Jr |
| FNU Branch, FNU Whitlock and Gaston County Sheriff's Department |
| 3:2017cv00485 |
| August 14, 2017 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| Gaston |
| Frank D. Whitney |
| Civil Rights |
| Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
126
Order that bench trial set for 9/21/2020 is CANCELLED; and 116 Writ of Habeas Corpus ad Testificandum Issued is VACATED. Clerks Office is respectfully instructed to mail a copy of this Order to U.S. Marshal and Warden of Harnett Correctional Institution, Box 1569, Lillington, NC 27546. Clerk is instructed to terminate and close this action. Signed by Chief Judge Martin Reidinger on 9/10/2020. (Pro se litigant served by US Mail.) (ejb)
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Filing
122
ORDER granting request for a Judicial Settlement Conference by Defendants Branch and Whitlock. The Clerk is respectfully instructed to certify a copy of this Order to Lieutenant Warren Davis at Harnett Correctional Institution, Box 1569, Lillington, North Carolina 27546. Signed by Magistrate Judge W. Carleton Metcalf on 8/10/2020. (Pro se litigant served by US Mail.)(reh)
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Filing
121
ORDER that the subpoena previously issued [120-1] is hereby AMENDED in accordance with this Order. FURTHER ORDERED that the U.S. Marshals Service is respectfully instructed to serve the amended subpoena on Marshall Pike, Harne tt C.I.'s Associate Warden, in accordance with Rule 45 of the Federal Rules Civil Procedure. Signed by Chief Judge Martin Reidinger on 8/10/2020. (Attachments: # 1 Amended Subpoena, # 2 USM-285) (Pro se litigant served by US Mail.) (ejb)
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Filing
115
Pretrial Order and Case Management Plan. Bench Trial set for 9/21/2020 09:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. Estimated trial time: 2 days. Signed by Chief Judge Martin Reidinger on 7/23/2020. (Pro se litigant served by US Mail.)(ni)
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Filing
105
ORDER granting in part and denying in part Defendants Branch, Cloninger, Hughes, Long, and Whitlock's 88 Motion for Summary Judgment. The case will proceed to trial on Plaintiff's excessive force claims Defendants Branch and Whitlock as well as the related state law claims. Defendants Carter and Flitt's 97 Motion for Summary Judgment is GRANTED. Plaintiff's 101 Motion for Extension of Time is GRANTED. The Court sua sponte DISMISSES this action as to Defendant Allie without prejudice. Signed by Chief Judge Frank D. Whitney on 3/3/2020. (Pro se litigant served by US Mail.)(brl)
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Filing
100
ORDER denying 82 Motion for Reconsideration ; denying 91 Motion for Extension of Time ; granting 96 Motion for Extension of Time ; Response due by 9/9/19. Signed by Chief Judge Frank D. Whitney on 8/7/19. (Pro se litigant served by US Mail.)(clc)
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Filing
92
ORDER granting 89 Motion to Seal Document 88 MOTION for Summary Judgment exhibits 1-B, 1-D-1 and 1-D-2 . Signed by Chief Judge Frank D. Whitney on 7/22/19. (Pro se litigant served by US Mail.)(clc)
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Filing
85
ORDER granting in part denying in part re 80 MOTION for Expansion of Time to Complete Discovery, granting 84 MOTION for Extension of Time to File Response/Reply re: 82 MOTION for Reconsideration. Signed by Chief Judge Frank D. Whitney on 7/8/19. (Pro se litigant served by US Mail.)(clc)
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Filing
79
PROTECTIVE ORDER. Signed by Chief Judge Frank D. Whitney on 6/4/2019. (Pro se litigant served by US Mail.)(brl)
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Filing
74
ORDER that the U.S. Marshal shall use all reasonable efforts to locate and obtain service on Defendant C. Allie. If he U.S. Marshal is unable to obtain service on Defendant Allie, the U.S. Marshal shall inform the Court of the reasonable attempts to obtain service. Signed by Chief Judge Frank D. Whitney on 5/23/19. (Pro se litigant served by US Mail.)(clc)
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Filing
71
CORRECTED ORDER re 70 Order on Motion for Extension of Time. Defendants Branch, Cloniger, Hughes, and Whitlocks Motion for Extension of Time to Answer the Amended Complaint, (Doc. No. 65), is GRANTED until June 13, 2019.2 . Defendants Branch, Cloniger, Hughes, and Whitlocks Motion for Extension of Time to Respond to Discovery Requests, (Doc. No. 66), is GRANTED until July 5, 2019. Signed by Chief Judge Frank D. Whitney on 5/21/19. (Pro se litigant served by US Mail.)(clc)
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Filing
64
ORDER re: 62 Amended Complaint. It is, therefore, ordered that the Amended Complaint has passed initial review. Signed by Chief Judge Frank D. Whitney on 5/3/19. (Pro se litigant served by US Mail.)(tob)
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Filing
61
ORDER granting Plaintiff's 59 Motion for Reconsideration construed as Motion for Extension of Time to File an Amended Complaint until June 13, 2019 ; granting Defendant's 60 Motion for Extension of Time to Respond to Discovery Requests until May 29, 2019. Signed by Chief Judge Frank D. Whitney on 4/15/2019. (Pro se litigant served by US Mail.)(brl)
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Filing
51
ORDER denying 36 Motion to Appoint Counsel ; denying 37 Motion Stay Discovery Until After the Issuance of a Discovery Order or for an Extension of Time to Respond to Plaintiff's First Request for Production of Do cuments; denying 39 Motion to Compel; denying 43 Motion to Stay; denying 44 Motion to Stay; denying 45 Motion for Protective Order; granting 50 Whitlock's Motion for Extension of Time to Answer until 2/25/19. Signed by Chief Judge Frank D. Whitney on 1/28/19. (Pro se litigant served by US Mail.)(clc)
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Filing
41
ORDER that the U.S. Marshal shall file a Response within fourteen (14) days of this Order informing the Court of the status of its efforts to serve Defendant Cloninger in accordance with the November 5, 2018, Order.. Signed by Chief Judge Frank D. Whitney on 1/14/19. (Pro se litigant served by US Mail.)(clc) (Main Document 41 replaced on 1/15/2019) (clc).
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Filing
31
ORDER denying 25 Motion to Strike ; granting 27 Motion for Extension of Time to Answer. Kim LNU answer due 11/29/2018; FNU Flitt answer due 11/29/2018. ; granting 28 Motion for Extension of Time to Answer. Kim LNU answer due 11/29/2018; FNU Flitt answer due 11/29/2018.. Signed by Chief Judge Frank D. Whitney on 11/8/18. (Pro se litigant served by US Mail.)(clc)
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Filing
23
ORDER granting in part and denying in part 13 Motion to Dismiss ; granting 22 Motion for Extension of Time to Answer. FNU Hughes answer due 11/29/2018. Within 30 days of this Order, the U.S. Marshal shall use reasonable efforts to locate and obtain personal service on Defendants Whitlock, Branch, and Cloninger in accordance with Rule 4 of the Federal Rules of Civil Procedure. If the U.S. Marshal is unable to locate and obtain and service on Defendants within this time period, the U.S. Marshal shall inform the Court of the efforts taken to locate and serve them.. Signed by Chief Judge Frank D. Whitney on 11/5/18. (Pro se litigant served by US Mail.)(clc)
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Filing
7
ORDER Plaintiffs Application to Proceed in District Court Without Prepaying Fees or Costs, (Doc. No. 2), is GRANTED. The excessive force claims against Branch and Whitlock, the medical deliberate indifference claim against Dr . Flitt, the unwanted medical care claims against Branch, Hughes, Kim, and Whitlock, and the supervisory claims against Sheriff Cloniger survive initial review under 28 U.S.C. § 1915. Plaintiff will be permitted to attempt service on Jane Doe 2 , Jane Doe 3 and Major John Doe if Plaintiff is able to identify them during discovery, otherwise, the claims against them will be dismissed. The Court will exercise supplemental jurisdiction over Plaintiffs North Carolina assault, battery, and negli gence claims. The remaining claims are dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). IT IS FURTHER ORDERED THAT the Clerk shall direct the U.S. Marshal to effectuate service on Defendants FNU Whitlock and FNU Branch with the summons form s attached to the Complaint. (Doc. No. 1-4 at 3, 6). The Clerk is further directed to mail summons forms to Plaintiff for Plaintiff to fill out and return for service of process on Defendants Cloniger, Flitt, Hughes, and Kim. Once the Court receives the summons forms, the Clerk shall then direct the U.S. Marshal to effectuate service on those Defendants. The Clerk is respectfully instructed to note on the docket when the forms have been mailed to Plaintiff. Signed by Chief Judge Frank D. Whitney on 9/7/18. (Pro se litigant served by US Mail.)(clc)
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