Smith v. State of South Carolina
| Wesley Edward Smith, III |
| State of South Carolina |
| 1:2021cv00573 |
| January 20, 2021 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 SUPPLEMENT AFFIRMATIVE ATTACHMENT TO SUPPORT LEAVE OF COURT PURSUING VICTIM RIGHTS TO PROCEED IN FORMA PAUPERIS PURS. 28:1915(a) PER JUDGE ORDER TO FAST TRACK SEEKING ORDER OF WRIT OF MANDAMUS, WRIT OF EXECUTION, WRIT ASSISTANCE & WRITS OF ATTACHMENT, SUBSTANTIVE MATERIAL EVIDENCES TO SUPPORT REASON FOR INDIGENCY DOCUMENT ON THE BASIS OF AN UNLAWFUL CONFINING OR DETAINING OF PERSONS & PROPERTIES BEING PRECLUDED AS STATE PRISONERS. Document filed by Wesley Edward Smith, III. (sc) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #10 Notice of Appeal filed by Wesley Edward Smith, III were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #10 Notice of Appeal. (tp) |
| Filing 11 ADDENDUM as to #10 Notice of Appeal filed by Wesley Edward Smith, III. (Original Document forwarded to USCA Second Circuit). (tp) |
| Filing 10 NOTICE OF APPEAL from #6 Order of Dismissal. Document filed by Wesley Edward Smith, III. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Appeal Remark as to #10 Notice of Appeal filed by Wesley Edward Smith, III. IFP Denied 02/11/2021. (tp) |
| Appeal Fee Due: for #10 Notice of Appeal. Appeal fee due by 3/15/2021. (tp) |
| Filing 9 CIVIL COVER SHEET filed. (sc) |
| Filing 8 AMENDED COMPLAINT,re: amending #1 Complaint against State of South Carolina with JURY DEMAND.Document filed by Wesley Edward Smith, III. Related document: #1 Complaint.(sc) |
| Mailed a copy of #6 Order of Dismissal, #7 Judgment - Sua Sponte (Complaint), to Wesley Edward Smith, III at 465 N. Nassau Street, Charleston, SC 29403. (Attachments: # 1 Pro Se Appeal Package) (dsh) |
Filing 7
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that under the February 27, 2014 order in Smith v. Commonwealth of Virginia, ECF 1:13-CV-8111, 7 (LAP) (S.D.N.Y. Feb. 27, 2014), the complaint is dismissed without prejudice. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Colleen McMahon on 2/11/2021) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 6
ORDER OF DISMISSAL UNDER 28 U.S.C. 1651: On February 27, 2014, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Smith v. Commonwealth of Virginia, ECF 1:13-CV-8111, 7 (LAP) (S.D.N.Y. Feb. 27, 2014). Plaintiff files this new pro se case, but he does not seek IFP status; he also has not sought leave from the Court. The Court assumes for the purpose of this order that Plaintiff seeks IFP status and dismisses the action without prejudice for Plaintiff's failure to comply with the February 27, 2014 order. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is also directed to terminate all motions in this action. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 2/11/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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| ***DELETED DOCUMENT. Deleted document number #8 ORDER. The document was incorrectly filed in this case. (sac) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 5 (REVISED)CIVIL COVER SHEET filed. (sc) |
| Filing 4 LETTER(MEMORANDUM TO THE RECORDS)from Wesley E. Smith, dated 1/27/21 re: APPELLANT ACTION IS A CROSS-EXAMINATION FOR BEING DENIED IN STATE COURT AFTER BEING ACCUSED OF MANY CRIMES, LOSING OF HOME, FINANCES, JOBS, BUT UNDER THE PREMISE THAT RES JUDICATA(A SPOKEN FOREIGN TONGUE) IS NOT IDENTIFIED FOR BEING PRESENTED RIPELY WITH PROCEDURAL CORRECTNESS BY THE STATE OFFICIALS CLAIMING TO BE THE STATE AUTHORIZED AGENTS. Document filed by Wesley Edward Smith, III.(sc) |
| Filing 3 MOTION TO DISMISS AND TO AMEND FOR DECLARATORY JUDGMENT. Document filed by Wesley Edward Smith, III.(sc) |
| Filing 2 REQUEST TO PRODUCE UNDER FEDERAL RULE OF CIVIL PROCEDURES (FRCP) RULE 45, FRCP RULE 26(a) DISCOVERY AFFORDS OR ACCORDING TO THE APA GUIDELINES from Wesley Edward Smith III received on 1/20/2021. (sac) |
| Filing 1 COMPLAINT against State of South Carolina. Document filed by Wesley Edward Smith, III. (Attachments: #1 Civil Cover Sheet) (sac) |
| Case Designated ECF. (sac) |
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