Smith v. State of North Carolina
Plaintiff: David Lee Smith
Defendant: State of North Carolina, James C. Dever, III, Bryan K. Wells and Todd E. Ishee
Case Number: 5:2023ct03245
Filed: August 23, 2023
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Robert B Jones
Referring Judge: Richard E Myers
Nature of Suit: Mandamus & Other
Cause of Action: 28 U.S.C. ยง 1361 Petition for Writ of Mandamus
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2023 Filing 7 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that this action is hereby dismissed without prejudice for failure to prosecute. Signed by Peter A. Moore, Jr., Clerk of Court on 10/3/2023. Copy of judgment and notice of appeal rights sent to plaintiff via US Mail. (Lopez, R.)
October 3, 2023 Opinion or Order Filing 6 Order Dismissing Case. Because plaintiff failed to comply with the court's August 29, 2023, order of deficiency and the time to do so has passed, the court DISMISSES WITHOUT PREJUDICE this action for failure to prosecute. The court DIRECTS the clerk to terminate as moot any pending motions and to close this case. Signed by Chief Judge Richard E. Myers II on 10/3/2023. Copy of order sent to plaintiff via US Mail. (Lopez, R.)
September 28, 2023 Case Submitted to Chief Judge Richard E. Myers II for deficiency review. Once a review is completed an order will enter and the next appropriate step will be taken. (Lopez, R.)
September 8, 2023 Filing 5 Corrected COMPLAINT against State of North Carolina, James C. Dever, III, Bryan K. Wells, Todd E. Ishee filed by David Lee Smith. (Attachments: #1 Emergency Pro-Se Demand, #2 Documents in Support, #3 Envelope) (Powers, S.)
September 1, 2023 Filing 4 PRO-SE Emergency MOTION (Demand) for Permanent Injunction for issuance of memorandum order consolidating two consecutive 168 month to 211 month sentences filed by David Lee Smith. (Attachments: #1 Document in Support, #2 Envelope) (Lopez, R.)
August 29, 2023 Opinion or Order Filing 3 ORDER - The complaint is not on the forms prescribed for use by this court. You must either file an application to proceed without prepayment of fees and affidavit or pay $402.00. Plaintiff is DIRECTED to correct the deficiencies listed above and return the corrected papers within twenty-one (21) days from the filing of this order. Signed by Magistrate Judge Robert B. Jones, Jr. on 8/29/2023. Copy of order and forms sent to plaintiff via US Mail. (Responses due by 9/19/2023.) (Lopez, R.)
August 24, 2023 Filing 2 Letter regarding case opening sent to plaintiff via US Mail. (Lopez, R.)
August 23, 2023 Filing 1 COMPLAINT (Writ of Mandamus) against State of North Carolina, filed by David Lee Smith. (Attachments: #1 Envelope) (Lopez, R.)

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Plaintiff: David Lee Smith
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Defendant: State of North Carolina
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Defendant: James C. Dever, III
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Defendant: Bryan K. Wells
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Defendant: Todd E. Ishee
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