Wilson v. Way et al
| Jimmy W Wilson |
| Dr Way, Darrell Harrison, Dr McRee and Mr Sterling |
| 5:2015cv00025 |
| January 5, 2015 |
| US District Court for the District of South Carolina |
| Orangeburg Office |
| Dorchester |
| Margaret B Seymour |
| Kaymani D West |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
201
ORDER RULING ON REPORT AND RECOMMENDATION: The court adopts and incorporates herein by reference the Report and Recommendation (ECF No. 187 ) of the Magistrate Judge. Defendants' Motion for Summary Judgment (ECF No. [141 ]) is GRANTED. Plaintiff's § 1983 claims are DISMISSED WITH PREJUDICE, and Plaintiff's possible state law medical malpractice claims are DISMISSED WITHOUT PREJUDICE and may be reasserted in state court. Plaintiff's Motion for Jur y Trial (ECF No. 163 ) and Motion to Dismiss Defendants' Motion for Summary Judgment (ECF No. 176 ) are DISMISSED. Following the Magistrate Judge's Report and Recommendation, Plaintiff filed a Motion for Evidence (ECF No. 193 ) and a Mot ion for Trial (ECF No. 197 ). These motions are DENIED AS MOOT. Finally, the court denies Defendants' request that this action be counted as a "strike" for the purposes of the Prison Litigation Reform Act, codified at 28 U.S.C. § 1915. See ECF No. 141 -1 at 21. The Magistrate Judge properly concluded that Plaintiff's Complaint was not filed frivolously. IT IS SO ORDERED. Signed by Honorable Margaret B Seymour on 6/27/2016. (mcot, )
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Filing
181
ORDER denying 164 Motion for Recusal. Signed by Magistrate Judge Kaymani D West on 4/25/2016. (mcot, )
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Filing
165
ORDER RULING ON REPORT AND RECOMMENDATION: The court adopts and incorporates herein by reference the Report and Recommendation of the Magistrate Judge. For the reasons stated herein and in the Report and Recommendation, ECF No . 137 , Plaintiff's request for Declaration for Entry of Default, ECF No. 90 , and Motion/Urgent Message for Medical Treatment, ECF No. 121 , are DENIED. The within action is recommitted to the Magistrate Judge for further pretrial handling. IT IS SO ORDERED. Signed by Honorable Margaret B Seymour on 12/30/2015. (mcot, )
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Filing
100
ORDER RULING ON REPORT AND RECOMMENDATION:The court adopts and incorporates herein by reference the Report and Recommendation 69 of the Magistrate Judge. For the reasons stated herein and in the Report and Recommendation, Pl aintiff's Motion for a Preliminary Injunction and Temporary Restraining Order, ECF No. 28 , as well as Plaintiff's request for Declaration of Entry of Default, ECF No. 62 , is DENIED. The within action is recommitted to the Magistrate Judge for further pretrial handling. IT IS SO ORDERED. Signed by Honorable Margaret B Seymour on 7/1/2015. (mcot, )
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Filing
87
ORDER: Plaintiff's Motion for Sanctions, ECF No. 66 , Motion for Copies, ECF No. 67 , Motion for Reconsideration of the Court's Denial of Appointment of Counsel, ECF No. 68 , Motion for Recusal, ECF No. 72 , an d Miscellaneous Motion for Production, Copies, and Appointment of Counsel, ECF No. 83 are denied. Plaintiff's Motion for Extension of Time/Motion for Production, ECF No. 77 , is granted in part and denied in part. Defendants' Motion to Quash Plaintiff's Motion to Compel and Opposition to Plaintiff's Motion for an Extension of time, ECF No. 84 , is denied. Signed by Magistrate Judge Kaymani D West on 6/24/2015.(mcot, )
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Filing
41
ORDER RULING ON REPORT AND RECOMMENDATION: The court adopts the Report and Recommendation 15 and incorporates it herein by reference. For the reasons stated herein and in the Report and Recommendation, Defendant Stirling is dismissed, without prejudice. The within action is recommitted to the Magistrate Judge for further pretrial handling. Signed by Honorable Margaret B Seymour on 3/17/2015. (mcot, )
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