McClain v. Harris et al
Plaintiff: Bart Fitzgerald McClain
Defendant: Sergeant Harris, Prison Attendant Fritze and Prison Attendant Nobles
Case Number: 5:2023ct03281
Filed: October 2, 2023
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Richard E Myers
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 31, 2023 Filing 7 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that this action is hereby dismissed without prejudice pursuant to 28 U.S.C. 1915(g). Signed by Peter A. Moore, Jr., Clerk of Court on 10/31/2023. (Copy of judgment and notice of appeal rights sent to plaintiff via US Mail.) (Lopez, R.)
October 31, 2023 Opinion or Order Filing 6 Order Dismissing Case. Because plaintiff failed to pay the full filing fee within the time allowed, the court DISMISSES WITHOUT PREJUDICE the complaint pursuant to 28 U.S.C. 1915(g), DENIES AS MOOT the motion for a hearing [D.E. 3], and DIRECTS the clerk to close the case. Signed by Chief Judge Richard E. Myers, II on 10/30/2023. (Copy of order sent to plaintiff via US Mail.) (Lopez, R.)
October 6, 2023 Opinion or Order Filing 5 ORDER - The court DENIES the motion to proceed without prepayment of fees [D.E. 2], and DIRECTS plaintiff to pay the full $402 filing fee in this action not later than twenty-one (21) days from the date of this order. The court further WARNS plaintiff that, if he fails to pay the full filing fee within the time allotted, the court will dismiss the complaint without prejudice pursuant to 28 U.S.C. 1915(g). Signed by Chief Judge Richard E. Myers II on 10/5/2023. Copy of order sent to plaintiff via US Mail. (Lopez, R.)
October 2, 2023 Filing 4 Letter regarding case opening sent to plaintiff via US Mail. (Lopez, R.)
October 2, 2023 Filing 3 MOTION for an evidentiary hearing filed by Bart Fitzgerald McClain. (Attachments: #1 Affidavit of Bart F. McClain, #2 Exhibit A and B, #3 Envelope) (Lopez, R.)
October 2, 2023 Filing 2 MOTION to Proceed Without Prepayment of Fees filed by Bart Fitzgerald McClain. (Attachments: #1 Envelope) (Lopez, R.)
October 2, 2023 Filing 1 COMPLAINT against Prison Attendant Fritze, Sergeant Harris, and Prison Attendant Nobles, filed by Bart Fitzgerald McClain. (Attachments: #1 Envelope) (Lopez, R.)

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Plaintiff: Bart Fitzgerald McClain
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Defendant: Sergeant Harris
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Defendant: Prison Attendant Fritze
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Defendant: Prison Attendant Nobles
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