Mangum v. Kinsley et al
| Crystal Gail Mangum |
| Kody H. Kinsley and North Carolina Department of Health and Human Services |
| 5:2022cv00063 |
| February 15, 2022 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Louise Wood Flanagan |
| Kimberly A Swank |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 29
ORDER REASSIGNING CASE. At the direction of the Court and with the consent of the parties, the above-captioned case is reassigned to the Honorable Kimberly A. Swank, United States Magistrate Judge, for all further proceedings. United States District Judge James C. Dever III is no longer assigned to the case. All future documents should reflect the revised case number of 5:22-CV-63-KS. Signed by Peter A. Moore, Jr., Clerk of Court on 7/28/2022. Sent to Crystal Gail Mangum at North Carolina Correctional Institute for Women via US Mail. (Sellers, N.)
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Filing 28
ORDER - This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. Signed by District Judge James C. Dever III on 7/28/2022. (Attachments: #1 Consent to United States Magistrate Judge Form signed by Defendants) Sent to Crystal Gail Mangum at North Carolina Correctional Institute for Women via US Mail. (Sellers, N.)
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| Filing 27 CONSENT by Parties to Jurisdiction by US Magistrate Judge by Kody H. Kinsley, North Carolina Department of Health and Human Services. (Schaeffer, John) |
| #26 and #27 CONSENT by Parties to Jurisdiction by US Magistrate Judge submitted to United States District Judge James C. Dever III. (Sellers, N.) |
| Filing 26 Notice - Consent to Magistrate Judge Jurisdiction Form signed by Plaintiff only filed by Crystal Gail Mangum. (Sellers, N.) |
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Filing 25
SCHEDULING ORDER: Discovery due by 2/24/2023. Motions due by 3/31/2023. The matter will be set for trial by separate order. Counsel should read the order in its entirety for critical deadlines and information. Signed by District Judge James C. Dever III on 6/29/2022. (Attachments: #1 Consent to United States Magistrate Judge Form) Sent to Crystal Gail Mangum at North Carolina Correctional Institute for Women via US Mail. (Sellers, N.) Modified on 7/13/2022 - corrected year of the Motions deadline. (Sellers, N.)
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| Filing 24 Rule 26(f) Report (joint) filed by Kody H. Kinsley, North Carolina Department of Health and Human Services. (Schaeffer, John) |
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Filing 23
ORDER denying #14 Motion to Disqualify Judge. Signed by District Judge James C. Dever III on 5/18/2022. Sent to Crystal Gail Mangum at North Carolina Correctional Institute for Women via US Mail. (Sellers, N.)
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Filing 22
ORDER granting #20 Motion for Extension of Time. The parties shall have up to and including June 3, 2022, to hold their Rule 26(f) meeting. Signed by District Judge James C. Dever III on 5/17/2022. Sent to Crystal Gail Mangum at North Carolina Correctional Institute for Women via US Mail. (Sellers, N.)
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| Filing 21 Proposed Order regarding #20 Second MOTION for Extension of Time for Parties to hold Rule 26(f) meeting by Kody H. Kinsley, North Carolina Department of Health and Human Services (Schaeffer, John) Modified on 5/17/2022 - added docket entry relationship and clarified docket text. (Sellers, N.) |
| Filing 20 Second MOTION for Extension of Time for Parties to hold Rule 26(f) meeting filed by Kody H. Kinsley, North Carolina Department of Health and Human Services. (Schaeffer, John) |
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Filing 19
ORDER granting #17 Motion for Extension of Time to Hold Rule 26(f) Meeting. Signed by Peter A. Moore, Jr., Clerk of Court on 5/6/2022. Sent to Crystal Gail Mangum at the North Carolina Correctional Institute for Women 1034 Bragg StreetRaleigh, NC 27610 via US Mail. (Sellers, N.)
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| Filing 18 Proposed Order regarding #17 First MOTION for Extension of Time for Parties Rule 26(f) meeting on Defendants' Motion for Extension by Kody H. Kinsley, North Carolina Department of Health and Human Services (Schaeffer, John) Modified on 5/5/2022 - added docket entry relationship and clarified docket text. (Sellers, N.) |
| Filing 17 First MOTION for Extension of Time for Parties Rule 26(f) meeting filed by Kody H. Kinsley, North Carolina Department of Health and Human Services. (Schaeffer, John) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #17 First MOTION for Extension of Time for Parties Rule 26(f) meeting. (Sellers, N.) |
| Motion Submitted to District Judge James C. Dever III regarding #14 MOTION to Disqualify Judge. (Sellers, N.) |
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Filing 16
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 4/8/2022. (Copy of order sent to Crystal Gail Mangum, 0801264, North Carolina Correctional Institute for Women, 1034 Bragg Street, Raleigh, NC 27610 via US Mail.) (Waddell, K.)
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| Filing 15 Defendants ANSWER to #1 Complaint, by Kody H. Kinsley, North Carolina Department of Health and Human Services. (Schaeffer, John) |
| Filing 14 MOTION to Disqualify Judge filed by Crystal Gail Mangum. (Attachments: #1 Index, #2 Exhibit A - Letter from Harr to Brubaker, dated August 20, 2020, #3 Exhibit B - Letter from Harr to Brubaker, dated October 14, 2020, #4 Exhibit C - Letter from Harr to Moore, dated December 16, 2021, #5 Exhibit D - Duke University faculty profile of Dever, #6 Exhibit E - Letter from Harr to Moore, dated January 12, 2022, #7 Exhibit F - Order from Moore assigning Dever to Mangum case, dated February 17, 2022, #8 Exhibit G - Letter from Harr to Moore, dated March 1, 2022, #9 Exhibit H - Law journal article "Anoxic Brain Injury: Unrecognized Esophageal intubation", dated June 10, 2011, #10 Exhibit I - Newspaper article - The News & Observer "Jackson plans to recuse on affirmative action case," published March 25, 2022) (Sellers, N.) |
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Filing 13
ORDER granting #11 Motion for Extension of Time to Answer. Kody H. Kinsley answer due 4/8/2022; North Carolina Department of Health and Human Services answer due 4/8/2022. Signed by Peter A. Moore, Jr., Clerk of Court on 2/25/2022. Sent to Crystal Gail Mangum at North Carolina Correctional Institute for Women 1034 Bragg Street Raleigh, NC 27610 via US Mail. (Sellers, N.)
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| Filing 12 Proposed Order regarding #11 First MOTION for Extension of Time to File Answer filed by Kody H. Kinsley, North Carolina Department of Health and Human Services. (Schaeffer, John) |
| Filing 11 First MOTION for Extension of Time to File Answer filed by Kody H. Kinsley, North Carolina Department of Health and Human Services. (Schaeffer, John) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #11 First MOTION for Extension of Time to File Answer. (Sellers, N.) |
| Filing 10 Financial Disclosure Statement by Kody H. Kinsley (Schaeffer, John) |
| Filing 9 Notice of Appearance filed by John Howard Schaeffer on behalf of Kody H. Kinsley. (Schaeffer, John) |
| Filing 8 Proof of Service for Summons and Complaint served on Kody H. Kinsley and NC Department of Health and Human Services on 2/16/2022. (Attachments: #1 Cover Letter, #2 Envelope) (Sellers, N.) |
| Filing 7 Financial Disclosure Statement by North Carolina Department of Health and Human Services (Schaeffer, John) |
| Filing 6 Notice of Appearance filed by John Howard Schaeffer on behalf of North Carolina Department of Health and Human Services. (Schaeffer, John) |
| Filing 5 REASSIGNMENT ORDER - At the direction of the Court, and for the continued efficient administration of justice, the above-captioned case is reassigned as to the Honorable James C. Dever III, United States District Judge, for all further proceedings. United States District Judge Louise Wood Flanagan is no longer assigned to the case. All future documents should reflect the revised case number of 5:22-CV-63-D. Signed by Peter A. Moore, Jr., Clerk of Court on 2/17/2022. (Collins, S.) |
| Filing 4 Summons Issued as to Kody H. Kinsley, North Carolina Department of Health and Human Services. (Summons issued at intake) (Rudd, D.) |
| Filing 3 Financial Disclosure Statement filed by Crystal Gail Mangum. (Rudd, D.) |
| Filing 2 Notice of Self-Representation filed by Crystal Gail Mangum. (Rudd, D.) |
| Filing 1 COMPLAINT against Kody H. Kinsley, North Carolina Department of Health and Human Services (Filing fee $ 402.00 receipt number RAL0890134), filed by Crystal Gail Mangum. (Attachments: #1 Exhibit Index, #2 Exhibit Online articles by WRAL-5 News & The Carlotte Observer regarding state medical examiner, #3 Exhibit B- Online article by INDY Week titled "Expert challenges investigation of scene of Lennon Lacy's death" published 11/21/14, #4 Exhibit C- Online article by WRAL-5 News titled "Questioned autopsy factored in woman's release after husband's death" posted 7/10/14, #5 Exhibit D- State statute NCGS 130A-385 - Duties of medical examiner, #6 Exhibit E- Online article by News & Observer titled "Strangulation suspect goes free after judge's doubts about medical record" posted 7/10/14, #7 Exhibit F- Autopsy Report by Nichols on decedent Daye dated 4/14/11 and Operative Report by DUMC surgeons and Daye dated 4/3/11, #8 Exhibit G- DUMC Nursing and Social worker notes on Daye about withdrawal of life-support dated 4/12 & 4/13/2011, #9 Exhibit H- DPD Police Reports by Bond about withdrawal of life-support dated 4/12 & 4/13/2011, #10 Exhibit I- DUMC Documents - Resusciation Order form signed on 4/11/11 and Order for withholding or discontinuing life prolinging measurs on Daye signd on 4/13/11, #11 Exhibit J- DUMC Document - Discharge/Death Summary on Day dated 4/13/11, dictated 4/19/11 and transcribed 4/20/11, #12 Exhibit K- DUMC Documents - Respiratory notes intubation-endotracheal, dated 4/6/11, and Trauma and Nuroloy consult notes about Daye's post-intubation coma evaluation dated 4/7/11, #13 Exhibit L- Online article from law journal titled "Anoxic Brain Injury: Unrecognize Esophaeal Intubation" published 6/10/11, #14 Exhibit M- Online news article by WRAL-5 News titled "Police seize knives from Duke Lacrosse Accuser's apartment" posted 4/5/11, #15 Exhibit N- Report by Dr. Wecht on Mangum's case/review of Nichols dated 4/14/11 autopsy report dated 10/25/19, #16 Exhibit O- Online news article from News & Observer titled "Medical examiner stands by cause of death in Daye murder case" posted 5/4/12, #17 Exhibit P- Letter exchange from Harr to Radisch dated 8/23/12 and its reply to Radisch to Harr dated 6/25/14, #18 Exhibit Q- Ltter from Harr to Cohen seeking autopsy review dated 5/26/20, #19 Exhibit R- Communication exchange in letter from Willingham to Coen dated 9/9/20 and its reply in email from Cohen to Willingham dated 9/14/20, #20 Exhibit S- Letter from Harr to Kinsley requesting a Nichols autopsy review on Daye dated 12/3/21, #21 Exhibit T- Email from Benton to Harr refusing request for autopsy review dated 12/15/21, #22 Exhibit U- Letter from Harr to Benton requesting a written report on any autopsy review dated 1/11/21, #23 Exhibit V- Communication exchange in email from Benton to Harr dated 1/14/22 and letter from Harry to Kinsley dated 1/18/22, #24 Exhibit W- Newspaper article from News & Observer titled "Coooper pardons man wrongly convicted in 1992" published on 12/22/21, #25 Exhibit X- Newspaper article from News & Observer titled "Man seeks video to prove he was framed by Raleigh detective" published 2/11/22, #26 Civil Cover Sheet) (Rudd, D.) |
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