Kershaw v. Escobar et al
| James Demarlow Kershaw |
| Victoria Esobar, Tiffany Hupp, Victoria Escobar and Wake County Probation |
| 5:2023ct03344 |
| December 12, 2023 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.
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| Filing 32 Summons Returned Unexecuted as to Tiffany Hupp. Note states " this process was initially returned served, however, the envelope was returned by Wake Co. Superiour Court. It was not successfully served." (Hardy, Shari) |
| Unexecuted Summons for Tiffany Hupp Submitted to District Judge Terrence W. Boyle. (Hardy, Shari) |
| Filing 31 SUMMONS Returned Executed Victoria Escobar served on 1/30/2024, answer due 2/20/2024; Tiffany Hupp served on 1/30/2024, answer due 2/20/2024. (Hardy, Shari) |
| Filing 30 Notice filed by James Demarlow Kershaw NCPLS Notice of Non-Representation. (Pollack, Lee) |
Filing 29
ORDER granting #26 Motion to Amend. The "Wake County Probation" is DISMISSED from this action. The Clerk of Court is DIRECTED to amend the court's caption to reflect that the defendant plaintiff originally identified as Victoria Esobar is Victoria Escobar. Signed by District Judge Terrence W. Boyle on 1/29/2024. Copy of Order sent to Plaintiff via US Mail. (Hardy, Shari)
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| Filing 28 Summons Issued as to Victoria Esobar, Tiffany Hupp. Copy of Order sent to Plaintiff via US Mail. (Hardy, Shari) |
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Filing 27
ORDER DIRECTING CLERK TO CONTINUE MANAGEMENT OF CASE. The Clerk of Court is DIRECTED to issue summons. Signed by District Judge Terrence W. Boyle on 1/24/2024. Copy of Order sent to Plaintiff via US Mail. (Hardy, Shari)
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| Filing 26 MOTION to Add a Defendant and to Correct Spelling of Defendant's Name as to #1 Complaint filed by James Demarlow Kershaw. (Attachments: #1 Envelope) (Hardy, Shari) |
| Motion Submitted to District Judge Terrence W. Boyle regarding #26 MOTION to Amend/Correct #1 Complaint. (Hardy, Shari) |
| Case Submitted to District Judge Terrence W. Boyle for initial review. (Hardy, Shari) |
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Filing 25
ORDER Granting #2 Motions for Leave to Proceed in forma pauperis filed by James Demarlow Kershaw. Signed by Magistrate Judge Robert B. Jones, Jr. on 1/2/2024. Copy of Order sent to Plaintiff and Trust Fund Administrator via US Mail. (Hardy, Shari)
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| Filing 24 Prisoner Trust Fund Account Statement. (Powers, S.) |
| Motion Referred to US Magistrate Judge Robert B. Jones, Jr. regarding #2 to proceed without prepayment of fees. Motions referred to Robert B. Jones, Jr. (Powers, S.) |
| Filing 23 TRUST FUND INFORMATION REQUESTED (Powers, S.) |
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Filing 22
Order (Prison Litigation Reform Act) Response to Order due by 1/3/2024.. Signed by Magistrate Judge Robert B. Jones, Jr. on 12/13/2023. Copy of Order sent to Plaintiff via US Mail. (Powers, S.)
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| Filing 21 Letter regarding transfer/case opening sent via US Mail to James Demarlow Kershaw #1586046 at Wake County Detention Center. (Powers, S.) |
| Filing 20 Case transferred in from District of South Carolina. Case Number 6:23-cv-04477. transfer order and docket sheet obtained from transferring district. |
| Filing 18 ***DOCUMENT MAILED: #17 Order on Report and Recommendation placed in U.S. Mail from Greenville Clerks Office to U.S. District Court District of South Carolina to James Demarlow Kershaw 1586046, Wake County Detention Center, PO Box 2419, Raleigh, NC 27602. (pbri, ) [Transferred from South Carolina on 12/12/2023.] |
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Filing 17
ORDER adopting #13 Report and Recommendations. It is ordered that this case is transferred to the United States District Court of North Carolina for all further proceedings. Signed by Honorable Bruce Howe Hendricks on 12/11/23.(pbri, ) Modified on 12/12/2023 to include transfer to NC (pbri, ). [Transferred from South Carolina on 12/12/2023.]
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| Filing 15 MOTION to amend amount requested by James Demarlow Kershaw. Response to Motion due by 12/27/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Cover letter, #2 Envelope)No proposed order.(pbri, ) [Transferred from South Carolina on 12/12/2023.] |
| Filing 14 ***DOCUMENT MAILED #13 REPORT AND RECOMMENDATION re #1 Complaint filed by James Demarlow Kershaw placed in U.S. Mail from Greenville Clerks Office to James Demarlow Kershaw #1586046, Wake County Detention Center, PO Box 2419, Raleigh, NC 27602. (pbri, ) [Transferred from South Carolina on 12/12/2023.] |
| Filing 13 REPORT AND RECOMMENDATION re #1 Complaint filed by James Demarlow Kershaw, recommending that the district court transfer this matter to the United States District Court for the Eastern District of North Carolina. Objections to R&R due by 12/5/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kevin McDonald on 11/21/23. (pbri, ) [Transferred from South Carolina on 12/12/2023.] |
| Filing 9 ***DOCUMENT MAILED: 1 summons, 2 USM forms, #7 Proper Form Order, and 8 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Greenville Clerks Office to James Demarlow Kershaw# 1586046, Wake County Detention Center, PO Box 2419, Raleigh, NC 27602. (pbri, ) [Transferred from South Carolina on 12/12/2023.] |
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Filing 8
TEXT ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Kevin McDonald on 9/26/23.(pbri, ) [Transferred from South Carolina on 12/12/2023.]
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Filing 7
PROPER FORM ORDER: Case to be brought into proper form by 10/17/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kevin McDonald on 9/26/23. (pbri, ) [Transferred from South Carolina on 12/12/2023.]
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| Filing 4 TRUE DIVISION FOR TRIAL: Columbia. (rweb, ) [Transferred from South Carolina on 12/12/2023.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by James Demarlow Kershaw. Response to Motion due by 9/20/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Financial Certificate, #2 Envelope) No proposed order.Motions referred to Kevin McDonald. (rweb, ) [Transferred from South Carolina on 12/12/2023.] |
| Filing 1 COMPLAINT against Victoria Esobar, Tiffany Hupp, filed by James Demarlow Kershaw. Service due by 12/5/2023 (Attachments: #1 Envelope)(rweb, ) [Transferred from South Carolina on 12/12/2023.] |
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