WILLIAMS v. SMITH et al
| PERCY ALLEN WILLIAMS, JR. |
| LEWIS O. SMITH, SAMI HASSAN, FINESSE G. COUCH, REGINALD E. MIDGETTE and ROBERT C. LEWIS |
| 1:2010cv00615 |
| August 2, 2010 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Stanly |
| UNASSIGNED |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
56
MEMORANDUM OPINION, ORDER AND RECOMMENDED RULING - MAGISTRATE JUDGE, Recommending re 53 MOTION for Relief filed by PERCY ALLEN WILLIAMS, JR. be DENIED. Signed by MAG/JUDGE L. PATRICK AULD on 1/27/12. (Wilson, JoAnne)
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Filing
29
MEMORANDUM OPINION, ORDER & RECOMMENDTION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 10/25/2011, that, pursuant to 28 U.S.C.§§ 1915(e)(2) and 1915A(a) and (b), the Court dismiss (as frivolous and for failure to state a claim) any and all of Plaintiff's claims against Defendants Couch and Midgette, as well as any and all of Plaintiff's claims against Defendants Smith, Hassan, and Lewis, except his claims under Section 1983 for violations of the Ei ghth Amendment's Cruel and Unusual Punishment Clause and the Fourteenth Amendment's Equal Protection Clause. This case shall proceed on the Standard Case-Management Track under this Courts Local Rule 26.1(a)(1), except as to the leng th of the discovery period. The parties shall serve initial disclosures required by Federal Rule of Civil Procedure 26(a)(1)(A) and shall file any motions to amend pleadings (including to add parties) by November 27, 2011. All discovery shall end by April 27, 2012. FURTHER, that Plaintiff's Motion for the Appointment of Counsel (Docket Entry 19 ) and Motion to Appoint an Expert Witness for Indigent Party (Docket Entry 22 ) are DENIED. To assist Plaintiff in meeting his oblig ation to prosecute this case, the Clerk shall send Plaintiff a copy of this Court's Local Rules and of Federal Rules of Civil Procedure 5, 6, 7, 10, 11, 15, 26, 30, 31, 33-37, 45, 56, and 72, as well as Forms 1, 2, 50, and 51. (Daniel, J) Modified on 10/26/2011 to correct pleading no. (Daniel, J)
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Filing
3
MEMORANDUM AND OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 8/13/2010. ORDERED that Plaintiff in the above-named action be, andis hereby, permitted to file and prosecute said action in this Court without prepayment of fees or giving secur ity therefor, subject to the conditions set forth below. FURTHER ORDERED that this matter is filed, but stayed for twenty days. By the end of that twenty-day period, Plaintiff may inform the Court that he wishes to have the case proceed only as to th e correctly stated claims listed above or that he wishes to have this case dismissed without prejudice to his filing a new complaint alleging those claims and any others he believes that he can properly allege. Failure to respond within twenty days w illbe treated as consent to have the case proceed as provided in this Order.IT IS FURTHER ORDERED that, as a condition of Plaintiffs proceeding in formapauperis, Plaintiff shall, within sixty (60) days, submit to the Clerk an initial payment of $ ;9.00 (which represents 20% of the greater of the average monthly deposits into or the balance in Plaintiffs account for the 6-month period immediately preceding filing of this Complaint), and at the same time sign and return the Consent to Coll ection of Fees FromTrust Account form, which the Clerk is sending with this Order, unless Plaintiff files notice of his intent to accept a dismissal without prejudice of this action within twenty (20) days of this Order. FURTHER ORDERED that, if this case does proceed and as a condition of Plaintiffs proceeding in forma pauperis, Plaintiff's trust officer shall be directed to pay tothe Clerk of this Court 20% of all deposits to his account starting with the month of September, and ther eafter until the $350.00 filing fee has been paid. If Plaintiff elects to dismiss this case, no money is due and no withdrawals should be made. FURTHER ORDERED that if this case proceeds as filed, further proceedings and service of summons are s tayed until Plaintiff has either (1) submitted to the Court the sum(s) noted above along with the Consent to Collection form, or (2) in the alternative has submitted the Consent to Collection form along with a motion for relief from the stay, anda st atement made under penalty of perjury that he has not had access to any funds for payment of the sum(s) noted above for the 60-day period.FAILURE TO COMPLY WITH THE FEE AND PAYMENT PORTIONS OF THIS ORDER IN A TIMELY MANNER WILL RESULT IN DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PLAINTIFF. Re 2 Complaint filed by PERCY ALLEN WILLIAMS, JR. (Butler, Carol)
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