SMITH V. PERRY ET AL
| SMITH and S. SHANE SMITH |
| PERRY, FRANK L. PERRY, GEORGE T. SOLOMON, LARRY HUGGINS, CHARLOTTE WILLIAMS, RICHARD L. NEELY, JOSEPH VALLIERE, OFFICER MIKE WILLIAMS, DAVID LIVENGOOD, STEVEN W. SMITH, JULIA R. PEELER, AMY LEONARD, CAROL HURLOCKER, OFFICER WEAVER and JOHN/JANE DOE |
| 1:2016cv00396 |
| April 29, 2016 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| XX US, Outside State |
| L PATRICK AULD |
| THOMAS D SCHROEDER |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on February 12, 2021. A more recent docket listing may be available from PACER.
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Filing 148
STIPULATION of Dismissal and Notice of Settlement by S. SHANE SMITH. (SMITH, PAUL)
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Filing 147
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 02/11/2021, denying #128 Motion in Limine; granting #129 Motion in Limine; granting #130 Motion in Limine as set out herein. (Garland, Leah)
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TEXT ORDER issued by CHIEF JUDGE THOMAS D. SCHROEDER on 11/23/2020. In light of the COVID-19 pandemic and in accordance with this court's Amended Standing Order 13, jury trial in this case will be postponed. However, if the parties agree to a bench trial, the court may be able to accommodate a trial at an earlier date. IT IS THEREFORE ORDERED that the Jury Trial set for December 14, 2020 is CANCELLED. If the parties wish to consent to a bench trial, notice shall be filed with the court no later than 12/16/2020. Any agreement should identify either consent to proceed with trial before a Magistrate Judge, a District Judge, or both. However, notice shall be provided only if all parties agree; the identity of any party not wishing to agree to a bench trial shall not be disclosed to the court. No filing is necessary if there is not unanimous agreement.(Engle, Anita)
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Filing 146
Writ of Habeas Corpus ad Testificandum for S. SHANE SMITH Returned Unexecuted. (Garland, Leah)
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Filing 145
NOTICE by S. SHANE SMITH re #144 Order,,, (SMITH, PAUL)
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TEXT ORDER issued by CHIEF JUDGE THOMAS D. SCHROEDER on 9/28/2020. IT IS HEREBY ORDERED that the Settlement Conference set for September 30, 2020 is hereby CANCELLED. A pretrial conference may be held prior to trial at the Court's discretion. However, given the ongoing COVID-19 pandemic, a jury trial is unlikely in the near future.(Engle, Anita)
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Filing 144
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 9/22/2020, as set out and in the interests of justice, counsel is directed to meet and confer in an effort to resolve the case. If they cannot do so, they shall advise the court by noon on September 28, 2020, as to whether the parties believe the settlement conference would be productive or if they are at an impasse. If there is no reasonable likelihood that a settlement may be reached, the hearing will be cancelled and the case will proceed to trial on December 14, 2020, as previously scheduled, or whenever it can reasonably be reached after that under the conditions of the ongoing COVID-19 pandemic. At the present time, criminal jury trials will be given priority. (Garland, Leah)
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Filing 143
ORDER granting #142 Motion for Writ of Habeas Corpus ad testificandum. Writ Issued for 9/30/2020 at 2:00 p.m. in Winston-Salem, North Carolina Courtroom #2. Signed by CHIEF JUDGE THOMAS D. SCHROEDER on 8/31/2020. (Garland, Leah)
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Filing 142
MOTION for Writ of Habeas Corpus ad testificandum by S. SHANE SMITH. (Attachments: #1 Text of Proposed Order)(SMITH, PAUL)
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Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #142 MOTION for Writ of Habeas Corpus ad testificandum. (Engle, Anita)
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Set Hearing: Jury Trial set for 12/14/2020 at 09:00 AM before CHIEF JUDGE THOMAS D. SCHROEDER in Winston-Salem in either Courtroom 1 or 2, depending on availability. The location to be determined at a later date. (Engle, Anita)
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TEXT ORDER issued by CHIEF JUDGE THOMAS D. SCHROEDER on 7/29/2020. Based on the continuance of the Settlement Conference to 9/30/2020 and the current situation concerning COVID-19, IT IS HEREBY ORDERED that the Jury Trial in this matter is continued to 12/14/2020 at 9:00 a.m. in either Courtroom 1 or 2, depending on availability. The location to be determined at a later date. The Parties' existing pretrial filings are sufficient unless ordered otherwise. A pretrial conference may be held prior to trial at the Court's discretion. (Engle, Anita)
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TEXT ORDER issued by CHIEF JUDGE THOMAS D. SCHROEDER on 7/23/2020 finding as MOOT #134 Motion for Writ of Habeas Corpus ad testificandum due to the rescheduling of the Settlement Conference.(Engle, Anita)
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Filing 141
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 7/21/2020, that the settlement conference be continued to September 30, 2020 at 2:00 p.m., in Courtroom 2 in Winston-Salem, North Carolina. (Garland, Leah)
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Reset Hearing: Settlement Conference set for 9/30/2020 02:00 PM in Winston-Salem Courtroom #2 before CHIEF JUDGE THOMAS D. SCHROEDER. (Garland, Leah)
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Filing 140
NOTICE of Settlement with Defendant Peeler by S. SHANE SMITH (SMITH, PAUL)
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Motions Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #135 MOTION to Continue, #134 MOTION for Writ of Habeas Corpus ad testificandum. (Engle, Anita)
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Filing 139
RESPONSE in Opposition re #128 MOTION in Limine filed by CAROL HURLOCKER, STEVEN W. SMITH, RICHARD L. NEELY, JOSEPH VALLIERE filed by S. SHANE SMITH. Replies due by 7/31/2020 (SMITH, PAUL)
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Filing 138
RESPONSE in Opposition re #135 MOTION to Continue filed by CAROL HURLOCKER, STEVEN W. SMITH, JOSEPH VALLIERE filed by S. SHANE SMITH. Replies due by 7/31/2020 (SMITH, PAUL)
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Filing 137
OBJECTION - Other re #123 Final Pretrial Disclosures by Plaintiff S. SHANE SMITH. (SMITH, PAUL)
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Filing 136
NOTICE by S. SHANE SMITH re #134 MOTION for Writ of Habeas Corpus ad testificandum (Exhibit A to Petition for Writ) (SMITH, PAUL)
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Filing 135
MOTION to Continue by CAROL HURLOCKER, STEVEN W. SMITH, JOSEPH VALLIERE. Responses due by 8/7/2020 (Attachments: #1 Exhibit exhibit 1, #2 Exhibit exhibit 2, #3 Exhibit exhibit 3, #4 Text of Proposed Order)(GRAVES, NORLAN)
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Filing 134
MOTION for Writ of Habeas Corpus ad testificandum by S. SHANE SMITH. (Attachments: #1 Text of Proposed Order)(SMITH, PAUL)
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Filing 133
TRIAL BRIEF by Plaintiff S. SHANE SMITH.(SMITH, PAUL)
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Filing 132
TRIAL BRIEF by Defendants CAROL HURLOCKER, RICHARD L. NEELY, STEVEN W. SMITH, JOSEPH VALLIERE.(GRAVES, NORLAN)
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Filing 131
Proposed Jury Instructions by Plaintiff S. SHANE SMITH (Joint).(SMITH, PAUL)
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Filing 130
MOTION in Limine Regarding Underlying Convictions by S. SHANE SMITH. Response to Motion due by 7/31/2020 (SMITH, PAUL)
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Filing 129
MOTION in Limine Regarding Other Litigation by S. SHANE SMITH. Response to Motion due by 7/31/2020 (SMITH, PAUL)
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Filing 128
MOTION in Limine by CAROL HURLOCKER, RICHARD L. NEELY, STEVEN W. SMITH, JOSEPH VALLIERE. Response to Motion due by 7/31/2020 (Attachments: #1 Text of Proposed Order)(GRAVES, NORLAN)
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Filing 127
NOTICE of Rescheduling: Settlement Conference set for 7/29/2020 at 10:30 AM in Winston-Salem Courtroom #2 before CHIEF JUDGE THOMAS D. SCHROEDER. (Engle, Anita) (Main Document 127 replaced on 7/9/2020) (Engle, Anita).
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Filing 126
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 7/6/2020, that the motion of Assistant Attorney General Norlan Graves to withdraw as counsel of record for Defendant Carol Hurlocker (Doc. #121 ) is DENIED without prejudice. The parties are further advised that, given the ongoing pandemic due to the novel coronavirus, the court's ability to hold a civil jury trial will be extremely restricted and priority for the limited courtroom availability will be allocated to criminal cases. (Garland, Leah)
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Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #121 MOTION to Withdraw by CAROL HURLOCKER. (Engle, Anita)
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Filing 125
FINAL PRETRIAL DISCLOSURES by S. SHANE SMITH.(SMITH, PAUL)
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Filing 124
REPLY, filed by Defendant CAROL HURLOCKER, to Response to #121 MOTION to Withdraw filed by CAROL HURLOCKER. (Attachments: #1 exhibit 1)(GRAVES, NORLAN)
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Filing 123
FINAL PRETRIAL DISCLOSURES by CAROL HURLOCKER, RICHARD L. NEELY, STEVEN W. SMITH, JOSEPH VALLIERE.(GRAVES, NORLAN)
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Filing 122
RESPONSE re #121 MOTION to Withdraw filed by S. SHANE SMITH. Replies due by 7/9/2020 (SMITH, PAUL)
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Filing 121
MOTION to Withdraw by CAROL HURLOCKER. (Attachments: #1 Exhibit A, #2 Exhibit B)(GRAVES, NORLAN) Modified on 6/24/2020 to remove duplicate text. (Garland, Leah)
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Filing 120
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 5/29/2020, that the settlement conference previously scheduled for June 3, 2020, shall be continued to July 29, 2020, at 2:00 in Courtroom 2 in Winston-Salem, North Carolina. (Garland, Leah)
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Reset Hearings: Settlement Conference set for 7/29/2020 02:00 PM in Winston-Salem Courtroom #2 before CHIEF JUDGE THOMAS D. SCHROEDER. (See #120 Order) (Garland, Leah)
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Filing 119
Joint MOTION to Continue Settlement Conference by S. SHANE SMITH. (Attachments: #1 Text of Proposed Order)(SMITH, PAUL)
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Motions Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #119 Joint MOTION to Continue Settlement Conference. (Engle, Anita)
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Filing 118
MEMORANDUM re Order,, Position Paper by Defendants CAROL HURLOCKER, RICHARD L. NEELY, STEVEN W. SMITH, JOSEPH VALLIERE. (GRAVES, NORLAN)
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Filing 117
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 5/11/2020, that the trial will be continued to August 17, 2020, at 9:00 a.m. in Courtroom 2 in Winston-Salem. FURTHER ORDERED that pretrial disclosures are due no later than July 3, 2020. Motions in limine must be filed by July 10, 2020. Any objections to pretrial disclosures and responses to motions in limine are due no later than July 17, 2020. Trial briefs along with proposed instructions on the issues are due no later than July 13, 2020. Counsel shall consult and endeavor to file one set of agreed upon jury instructions to the extent practicable and may file competing jury instructions where there is disagreement. An electronic Word version of the jury instructions shall be emailed to the assigned district judge's ECF mailbox. (Garland, Leah)
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Filing 116
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 5/11/2020, that all Defendants, and a representative of the insurance carrier for the Department, shall be excused from attending the court-hosted settlement conference on June 3, 2020, in Winston-Salem, North Carolina. (Garland, Leah)
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Set Hearing: Jury Trial set for 8/17/2020 at 09:00 AM in Winston-Salem Courtroom #2 before CHIEF JUDGE THOMAS D. SCHROEDER. (Engle, Anita)
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Reset Deadlines: Trial Briefs due 7/13/2020. Motions in Limine due by 7/10/2020. (Garland, Leah)
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Filing 115
Consent MOTION to Amend #111 Notice of Hearing, by CAROL HURLOCKER, RICHARD L. NEELY, STEVEN W. SMITH, JOSEPH VALLIERE. Response to Motion due by 5/29/2020 (Attachments: #1 Exhibit A: Declaration of Todd Ishee, #2 Text of Proposed Order)(GRAVES, NORLAN)
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Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #115 Consent MOTION to Amend #111 Notice of Hearing. (Engle, Anita)
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Filing 114
Consent MOTION To Excuse Attendance at Court-Hosted Settlement Conference by CAROL HURLOCKER, RICHARD L. NEELY, STEVEN W. SMITH, JOSEPH VALLIERE. Response to Motion due by 5/28/2020 (Attachments: #1 Text of Proposed Order)(GRAVES, NORLAN)
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Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #114 Consent MOTION To Excuse Attendance at Court-Hosted Settlement Conference. (Engle, Anita)
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AMENDED TEXT ORDER issued by CHIEF JUDGE THOMAS D. SCHROEDER on 4/24/2020. In accordance with this court's Amended Standing Order 13 and the national and state emergency as to the novel coronavirus known as Covid-19 as described therein, IT IS ORDERED that the settlement conference set for May 6, 2020 is hereby continued to June 3, 2020 at 10:00 a.m. in Courtroom 2 in Winston-Salem with Position Papers due 5/26/2020. All remaining deadlines for the Jury Trial beginning June 15, 2020 remain in effect.(Engle, Anita)
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Set Hearing: Settlement Conference set for 6/3/2020 at 10:00 AM in Winston-Salem Courtroom #2 before CHIEF JUDGE THOMAS D. SCHROEDER. (Engle, Anita)
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TEXT ORDER issued by CHIEF JUDGE THOMAS D. SCHROEDER on 4/23/2020. In accordance with this court's Amended Standing Order 13 and the national and state emergency as to the novel coronavirus known as Covid-19 as described therein, IT IS ORDERED that the settlement conference set for May 6, 2020 is hereby continued to June 3, 2020 at 10:00 a.m. in Courtroom 2 in Winston-Salem. All remaining deadlines for the Jury Trial beginning June 15, 2020 remain in effect. (Engle, Anita)
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Filing 113
NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS. NORLAN W. GRAVES is substituted as counsel for Defendants. Attorney YVONNE BULLUCK RICCI terminated. (GRAVES, NORLAN)
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Filing 112
***FILED IN ERROR***NOTICE by LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS of Substitution of Counsel (GRAVES, NORLAN) Modified on 1/29/2020 to mark as Filed in Error and to remove document from view. (Garland, Leah)
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Filing 111
NOTICE of Hearing: Jury Trial set for 6/15/2020 at 09:00 AM in Winston-Salem Courtroom #2 before CHIEF JUDGE THOMAS D. SCHROEDER. Pretrial disclosures due 5/15/2020. Motions in limine due 5/22/2020. Any objections to pretrial disclosures and responses to motions in limine due 5/29/2020. Trial brief along with proposed instructions due 5/26/2020.(Engle, Anita)
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Filing 110
NOTICE of Hearing: Settlement Conference set for 5/6/2020 at 10:00 AM in Winston-Salem Courtroom #2 before CHIEF JUDGE THOMAS D. SCHROEDER. Position Papers due 4/27/2020.(Engle, Anita)
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Filing 109
NOTICE of Appearance by attorney PAUL E. SMITH on behalf of Plaintiff S. SHANE SMITH (SMITH, PAUL)
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Filing 108
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 01/02/2020, that Defendants' motion for summary judgment (Doc. #90 ) be granted and that summary judgment be entered against Plaintiff on the claim (raised against Defendants in the Complaint) for denial of access to courts for failing to provide adequate legal services, and on any claim (raised against Defendants in Plaintiff's affidavit opposing Defendants' summary judgment motion and/or in Plaintiff's Objections to the Magistrate Judge's Memorandum Opinion and Recommendation (Doc. #97 )) for "denial of access to courts... [for] fail[ing] to permit [him to] mak[e] required photocopies" (Doc. 102 at 7-8).(Taylor, Abby)
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CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: #103 RECOMMENDED RULING by MAGISTRATE JUDGE. (Engle, Anita)
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Filing 107
OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re #103 Recommended Ruling - Magistrate Judge, filed by Plaintiff S. SHANE SMITH. Response to Objections to R&R due by 12/27/2019. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE: #106 MOTION for Extension of Time to File. (Engle, Anita)
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TEXT ORDER granting #106 Letter Motion, requesting an extension of time. Plaintiff shall file any objections to #103 Recommendation by 12/19/2019. Issued by MAG/JUDGE L. PATRICK AULD on 12/13/2019. (AULD, L.)
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Filing 106
MOTION for Extension of Time filed by S. SHANE SMITH. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 105
MOTION for Extension of Time filed by S. SHANE SMITH. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Motion Referred to MAGISTRATE JUDGE L. PATRICK AULDRE: #105 MOTION for Extension of Time to File. (Engle, Anita)
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TEXT ORDER granting #105 Request for Extension of Time. Plaintiff shall file any objections to #103 Recommendation by 12/09/2019. Issued by MAG/JUDGE L. PATRICK AULD on 10/24/2019. (AULD, L.)
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Filing 104
Notice of Mailing Recommendation: Objections to R&R due by 10/21/2019. Objections to R&R for Pro Se due by 10/24/2019. (Garland, Leah)
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Filing 103
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 10/04/2019, that Defendants' Summary Judgment Motion (Docket Entry #90 ) be granted and that summary judgment be entered against Plaintiff (A) on the claim (raised against Defendants in the Complaint) for denial of access to courts for failing to provide adequate legal services, and (B) on any claim (raised against Defendants in Plaintiff's affidavit opposing Defendants' Summary Judgment Motion and/or in Plaintiff's Objections to the Prior Recommendation) for "denial of access to courts... [for] fail[ing] to permit [him to] mak[e] required photocopies" (Docket Entry #102 at 7-8). (Garland, Leah)
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TEXT ORDER granting #94 Request for Appointment of Counsel, in that, in light of #84 Order and #87 Order, which denied summary judgment as to certain claims against certain Defendants, the Clerk shall attempt to locate counsel willing to represent Plaintiff without compensation in connection with the trial of those matters, through the Pro Bono Representation Program. Issued by MAG/JUDGE L. PATRICK AULD on 09/30/2019. (AULD, L.)
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Filing 102
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 08/12/2019, that the instant Motion (Doc. #90 ) is recommitted to the Magistrate Judge for further consideration, for the limited purpose set forth herein. Otherwise, the objections are overruled. (Garland, Leah)
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Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #90 MOTION for Summary Judgment. (See #102 Order) (Garland, Leah)
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CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: #97 RECOMMENDED RULING by MAGISTRATE JUDGE re #90 MOTION for Summary Judgment. (Engle, Anita) Modified on 8/11/2019 to correct name of Judge. (Engle, Anita)
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CASE REFERRED to MAGISTRATE JUDGE L. PATRICK AULD RE: #97 RECOMMENDED RULING BY MAGISTRATE JUDGE re #90 MOTION for Summary Judgment. (Engle, Anita)
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Filing 101
OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re: #97 Recommended Ruling - Magistrate Judge, filed by Plaintiff S. SHANE SMITH. Response to Objections to R&R due by 7/10/2019. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Envelope - Front and Back) (Garland, Leah)
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TEXT ORDER denying #100 Request for Telephone Conference. In #100 Request, Plaintiff stated that he "has a physical disability which greatly limits his ability to write. He relies on a computer or word processor for assistance in completing his writing needs. He is currently, and has been, without printer cartridges.... [T]herefore [he] requests this Court for a telephone conference to verbally express his objections to #97 Recommendation...." The applicable rule does not permit oral objections to a recommendation, but instead requires Plaintiff to "serve and file specific written objections to the proposed findings and recommendations." Fed. R. Civ. P. 72(b)(2). The Court, however, will extend the deadline for Plaintiff to file objections to #97 Recommendation to 06/24/2019. Issued by MAG/JUDGE L. PATRICK AULD on 05/28/2019. (AULD, L.)
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Filing 100
MOTION entitled "Plaintiff's Request for Telephone Conference" filed by S. SHANE SMITH. Responses due by 6/12/2019. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 99
OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re #97 Recommended Ruling - Magistrate Judge, filed by Plaintiff S. SHANE SMITH. Response to Objections to R&R due by 6/5/2019. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 98
Notice of Mailing Recommendation: Objections to R&R due by 5/15/2019. Objections to R&R for Pro Se due by 5/20/2019. (Garland, Leah)
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Filing 97
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 05/01/2019, that the instant Motion (Docket Entry #90 ) be granted, in that the Court should enter summary judgment against Plaintiff on his inadequate legal services claim. (Garland, Leah)
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Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #94 MOTION to Appoint Counsel and #90 MOTION for Summary Judgment. (Engle, Anita)
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Filing 96
MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 01/04/2019, that Moving Defendants' Motion for Enlargement of Time to File Reply Brief (Docket Entry #95 ) is DENIED. (Garland, Leah)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #95 MOTION for Extension of Time to File Response/Reply as to #93 Response to Motion. (Engle, Anita)
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Filing 95
MOTION for Extension of Time to File Response/Reply as to #93 Response to Motion by LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS. (Attachments: #1 Text of Proposed Order)(RICCI, YVONNE)
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Filing 94
MOTION to Appoint Counsel filed by S. SHANE SMITH. Responses due by 1/4/2018. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 93
RESPONSE to #90 MOTION for Summary Judgment, filed by S. SHANE SMITH. Replies due by 12/28/2018. (Attachments: #1 Affidavit of S. Shane Smith, #2 Index of Exhibits, #3 Envelope - Front and Back) (Garland, Leah)
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Filing 92
Roseboro Letter re: #90 Motion for Summary Judgment. (Garland, Leah)
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Filing 91
Supporting BRIEF re #90 MOTION for Summary Judgment by Defendants LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS filed by LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(RICCI, YVONNE)
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Filing 90
MOTION for Summary Judgment by LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS. Response to Motion due by 12/13/2018 (RICCI, YVONNE)
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Filing 89
NOTICE of Change of Address as to S. SHANE SMITH. Address updated on docket sheet. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #88 MOTION for Extension of Time to file a supplemental dispositive motion as to Plaintiff's inadequate legal services claim. (Engle, Anita)
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TEXT ORDER granting #88 Motion for Enlargement of Time. Any dispositive motion as to Plaintiff's inadequate legal services claim shall be filed by 11/09/2018. Issued by MAG/JUDGE L. PATRICK AULD on 10/19/2018. (AULD, L.)
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Filing 88
MOTION for Extension of Time to file a supplemental dispositive motion as to Plaintiffs inadequate legal services claim by LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS. (Attachments: #1 Text of Proposed Order)(RICCI, YVONNE)
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Filing 87
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 09/21/2018, that the Motion for Summary Judgment (Doc. #63 ) is GRANTED IN PART and DENIED IN PART as set out herein.(Taylor, Abby)
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CASE REFERRED to MAG/JUDGE L. PATRICK AULD RE: #80 RECOMMENDED RULING by MAGISTRATE JUDGE regarding #63 MOTION for Summary Judgment. (Engle, Anita)
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CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: #80 RECOMMENDED RULING by MAGISTRATE JUDGE regarding #63 MOTION for Summary Judgment. (Engle, Anita)
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Filing 86
RESPONSE to #85 Objection to Recommended Ruling - Magistrate Judge, filed by S. SHANE SMITH. Replies due by 9/24/2018. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 85
OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re #80 Recommended Ruling - Magistrate Judge,,,,,,, by Defendants LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS . Response to Objections to R&R due by 9/6/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(RICCI, YVONNE)
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Filing 84
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 8/20/2018 VACATING the Judgment entered August 17, 2018, (Doc. #83 ) and adopting the Magistrate Judge's Recommendation, and Defendant Peeler's Motion for Summary Judgment (Doc. #60 ) is DENIED.(Engle, Anita)
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TEXT ORDER granting #82 Motion for Enlargement of Time. Defendants Frank L. Perry, George T. Solomon, Larry Huggins, Charlotte Williams, Richard L. Neely, Joseph Valliere, Mike Williams, David Livengood, Steven W. Smith, Amy Leonard, Carol Hurlocker, and Officer Weaver shall file any objections to #80 Recommendation by 08/23/2018. Issued by MAG/JUDGE L. PATRICK AULD on 08/20/2018. (AULD, L.)
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Filing 83
**VACATED** JUDGMENT signed by CHIEF JUDGE THOMAS D. SCHROEDER on 08/17/2018 adopting the Magistrate Judge's Recommendation, that Defendant Peeler's Motion for Summary Judgment (Doc. #60 ) is DENIED. (Garland, Leah) Modified on 8/20/2018 to mark Judgment vacated. (See #84 Order) (Engle, Anita)
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Motions Referred: RE: #82 MOTION for Extension of Time to file objections to Magistrate Judge's M&R, to MAG/JUDGE L. PATRICK AULD (Williamson, Wanda)
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Filing 82
MOTION for Extension of Time to file objections to Magistrate Judge's M&R by LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS. (Attachments: #1 Text of Proposed Order)(RICCI, YVONNE)
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Filing 81
Notice of Mailing Recommendation: Objections to R&R due by 8/16/2018. Objections to R&R for Pro Se due by 8/20/2018. (Garland, Leah)
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Filing 80
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 08/02/2018, that the instant Motion (Docket Entry #63 ) be granted in part and denied in part, in that the Court: 1) should not enter summary judgment against Plaintiff on his inadequate legal services claim at this point; 2) should grant summary judgment for Defendants Perry, Solomon, Huggins, Charlotte Williams, Neely, Valliere, Mike Williams, Livengood, Smith, Leonard, Hurlocker, and Weaver (i.e., all Defendants who filed the instant Motion) on Plaintiff's claims for failure to answer grievances and disability discrimination; 3) should grant summary judgment for Defendants Perry, Solomon, Huggins, Charlotte Williams, Neely, Mike Williams, Livengood, Leonard, and Weaver on Plaintiff's claim for failure to prevent sexual abuse; 4) should deny summary judgment for Defendants Valliere, Smith, and Hurlocker on Plaintiff's claim for failure to prevent sexual abuse; 5) should grant summary judgment for Defendants Perry, Solomon, Huggins, Charlotte Williams, Neely, Mike Williams, Livengood, Leonard, Hurlocker, and Weaver on Plaintiff's claim for failure to supervise/train; 6) should deny summary judgment for Defendants Valliere and Smith on Plaintiff's claim for failure to supervise/train; 7) should grant summary judgment for Defendants Perry, Solomon, Huggins, Charlotte Williams, Mike Williams, Livengood, Smith, Leonard, Hurlocker, and Weaver on Plaintiff's claim for retaliation; and 8) should deny summary judgment for Defendants Neely and Valliere on Plaintiff's claim for retaliation in connection with his exclusion from certain dining facility areas and a related infraction charge. (Garland, Leah)
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CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: #77 RECOMMENDED RULING by MAGISTRATE JUDGE re #60 MOTION for Summary Judgment filed by JULIA R. PEELER. (Engle, Anita)
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Filing 79
RESPONSE to #77 RECOMMENDED RULING - MAGISTRATE JUDGE, filed by S. SHANE SMITH. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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TEXT ORDER terminating #72 Motion to Strike and granting in part #75 Motion to Withdraw #72 Motion to Strike, in that #72 Motion to Strike is terminated and #76 Affidavit will be considered. Issued by MAG/JUDGE L. PATRICK AULD on 07/17/2018. (AULD, L.)
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Filing 78
Notice of Mailing Recommendation: Objections to R&R due by 7/30/2018. Objections to R&R for Pro Se due by 8/2/2018. (Garland, Leah)
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Filing 77
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 07/16/2018, that Defendant Peeler's Motion for Summary Judgment (Docket Entry #60 ) be denied. (Garland, Leah)
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Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #60 MOTION for Summary Judgment and #63 MOTION for Summary Judgment. (Engle, Anita)
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Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #75 MOTION to Withdraw Document #72 MOTION to Strike. (Garland, Leah)
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Filing 76
AFFIDAVIT re #75 MOTION to Withdraw Document #72 MOTION to Strike filed by Plaintiff S. SHANE SMITH. (Taylor, Abby)
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Filing 75
MOTION to Withdraw Document #72 MOTION to Strike by S. SHANE SMITH. (Attachments: #1 Envelope - Front and Back)(Taylor, Abby)
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Filing 74
AFFIDAVIT of S. SHANE SMITH in support of #73 Response to Motion, filed by Plaintiff S. SHANE SMITH. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 73
RESPONSE to #63 MOTION for Summary Judgment, #60 MOTION for Summary Judgment, filed by S. SHANE SMITH. Replies due by 3/6/2018. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 72
MOTION entitled "Plaintiff's Objection and Motion to Strike" filed by S. SHANE SMITH. Response to Motion due by 3/13/2018. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 71
Additional Attachments to Main Document (Exhibit 21) re #70 Response in Opposition to Motion. (Attachments: #1 Exhibit 22, #2 Exhibit 23, #3 Exhibit 24, #4 Exhibit 25, #5 Exhibit 26, #6 Exhibit 27, #7 Exhibit 28, #8 Exhibit 29, #9 Envelope - Front and Back)(Taylor, Abby)
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Filing 70
Plaintiff's Index of Exhibits re #73 RESPONSE to #63 MOTION for Summary Judgment filed by CAROL HURLOCKER, STEVEN W. SMITH, RICHARD L. NEELY, MIKE WILLIAMS, JOSEPH VALLIERE, AMY LEONARD, GEORGE T. SOLOMON, OFFICER WEAVER, LARRY HUGGINS, DAVID LIVENGOOD, CHARLOTTE WILLIAMS, FRANK L. PERRY filed by S. SHANE SMITH. Replies due by 3/2/2018 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Taylor, Abby) Modified on 2/21/2018 to correctly link exhibits to corresponding response. (Marsh, Keah)
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TEXT ORDER granting in part and finding as moot in part #69 Letter Motion. In #69 Letter Motion, Plaintiff seeks relief from any obligation to serve Defendants with copies of materials he intends to file in response to #60 Motion for Summary Judgement and #63 Motion for Summary Judgment, as well as a commitment that the Court will provide him with a copy of any such filing and of the Docket. As reflected in a Docket Entry dated today, counsel for Defendants have informed the Clerk that they will accept the Court's electronic docketing and notification to Defendants of any response to #60 Motion for Summary Judgement and #63 Motion for Summary Judgment that Plaintiff files with the Court as proper service. Accordingly, that aspect of #69 Letter Motion is moot. As to the remaining two requests in #69 Letter Motion, the Clerk will send Plaintiff a copy of the Docket and of the photocopying policy. Issued by MAG/JUDGE L. PATRICK AULD on 12/19/2017. (AULD, L.)
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Telephone Conference held on 12/18/2017 with Attorney Yvonne Ricci and on 12/19/17 with Attorney Edward Taylor stating they accept electronic filing as service in this matter. (Garrett, Kim)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #69 Letter MOTION. (Engle, Anita)
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Filing 69
LETTER MOTION filed by S. SHANE SMITH. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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TEXT ORDER denying without prejudice #66 Request for Photocopying Assistance and granting #67 Request for Extension of Time. Plaintiff shall file any response to #60 Motion for Summary Judgment and #63 Motion for Summary Judgment by 02/12/2018. In #66 Request, Plaintiff seeks an order from this Court directing unnamed state prison officials to provide him with free photocopying on request. It is not clear that #66 Request seeks relief from any Defendants in this case. To the extent that Plaintiff seeks relief from non-parties, the Court could not order such. To the extent Plaintiff seeks relief from any party, the relief requested would appear to lie outside the realm of the Section 1983 claims asserted in this case. Finally, to the extent Plaintiff wishes to assert a new due process claim under Section 1983 based on denial of photocopies, he likely could not assert such a claim in this case, given that discovery has closed, and he should understand that "broad as the constitutional concept of liberty is, it does not include the right to Xerox," Jones v. Franzen, 697 F.2d 801, 803 (7th Cir. 1983). Issued by MAG/JUDGE L. PATRICK AULD on 11/20/2017. (AULD, L.)
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Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #66 MOTION entitled "Plaintiff's Request for Photocopying Assistance" and #67 MOTION for Extension of Time to File Response/Reply as to #63 MOTION for Summary Judgment and #60 MOTION for Summary Judgment. (Engle, Anita)
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Filing 68
AFFIDAVIT of S. SHANE SMITH re #67 MOTION for Extension of Time, #66 MOTION, filed by Plaintiff S. SHANE SMITH. (Attachments: #1 Exhibits, #2 Envelope - Front and Back) (Garland, Leah)
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Filing 67
MOTION for Extension of Time to File Response as to #63 MOTION for Summary Judgment, #60 MOTION for Summary Judgment, filed by S. SHANE SMITH. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 66
MOTION entitled "Plaintiff's Request for Photocopying Assistance" filed by S. SHANE SMITH. Response to Motion due by 12/8/2017. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 65
Roseboro Letter re: #63 Motion for Summary Judgment. (Garland, Leah)
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Filing 64
BRIEF re #63 MOTION for Summary Judgment by Defendants LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS filed by LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS. (Attachments: #1 Affidavit of Defendant Huggins, #2 Affidavit of Defendant Leonard with attached Exhibits A-D, #3 Affidavit of Defendant Livengood, #4 Affidavit of Defendant Neely, #5 Affidavit of Defendant Stephen W. Smith, #6 Affidavit of Defendant Valliere with attached Exhibits A-H, #7 Affidavit of Defendant Weaver with attached Exhibit A)(RICCI, YVONNE)
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Filing 63
MOTION for Summary Judgment by LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS. Response to Motion due by 12/11/2017 (RICCI, YVONNE)
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Filing 62
Roseboro Letter re: Motion for Summary Judgment. (Garland, Leah)
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Filing 61
BRIEF re #60 MOTION for Summary Judgment by Defendant JULIA R. PEELER filed by JULIA R. PEELER. (Attachments: #1 Exhibit)(TAYLOR, EDWARD)
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Filing 60
MOTION for Summary Judgment by JULIA R. PEELER. Response to Motion due by 12/7/2017 (Attachments: #1 Affidavit Peeler Affidavit)(TAYLOR, EDWARD)
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TEXT ORDER granting in part and denying in part #59 Second Motion for Enlargement of Time to File Dispositive Motions. Via #56 Order and a Text Order dated 09/22/2017, the Court previously granted Defendants' request(s) for an extension of the dispositive motions deadline from 09/27/2017 to 11/03/2017. In #59 Second Motion, Defendants other than Julia R. Peeler ("Moving Defendants") have asked the Court to extend the dispositive motions deadline from 11/03/2017 to 11/17/2017. As support for that request, Moving Defendants cited (1) delays in getting affidavits from two Defendants from among Moving Defendants and (2) the workload of Moving Defendants' counsel. The fact that two Defendants from among Moving Defendants have not cooperated in a timely fashion with the preparation of their own dispositive motions does not strike the Court as a compelling rationale for extending the dispositive motions deadline for Moving Defendants. Similarly, although the Court sympathizes with workload issues faced by any attorney, in this instance, the Court does not find sufficient grounds for the requested extension. In that regard, most of the workload demands cited in #59 Second Motion formed the basis for the prior extension request (presented by Moving Defendants in #55 Motion for Enlargement of Time to File Dispositive Motions) and cannot support a further extension. Beyond those matters, #59 Second Motion identifies no other deadlines before 11/13/2017. Counsel for Moving Defendants has not shown why the newly-identified deadlines falling after 11/13/2017 should take precedence over the previously-extended deadline in this case. Finally, in a Text Order dated 09/26/2017, the Court denied Plaintiff's request to extend discovery in this case; having precluded Plaintiff from delaying resolution of this case, the Court feels compelled to preclude Moving Defendants from delaying resolution of this case. Under these circumstances, the Court orders Moving Defendants to file any dispositive motion(s) by 11/08/2017. Issued by MAG/JUDGE L. PATRICK AULD on 11/03/2017. (AULD, L.)
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Filing 59
Second MOTION for Extension of Time to file a dispositive motion by LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS. (Attachments: #1 Text of Proposed Order)(RICCI, YVONNE)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #59 Second MOTION for Extension of Time to file a dispositive motion. (Engle, Anita)
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TEXT ORDER denying #58 Request for Extension of Time to Complete Discovery Process. On 02/24/2017, the Court adopted a scheduling order setting 08/28/2017 as the discovery deadline. Via the instant #58 Request, dated as signed on 09/20/2017, Plaintiff seeks a 90-day extension of the discovery deadline. Under Federal Rule of Civil Procedure 16(b)(4), Plaintiff must show good cause to alter the scheduling order, which (according to the applicable commentary) requires him to show that, despite his exercise of appropriate diligence, he could not complete discovery during the allotted time. Local Rule 26.1(d) similarly prohibits any extension of the discovery deadline absent proof of diligence. Finally, because Plaintiff filed #58 Request after the discovery deadline passed, he must show excusable neglect under Federal Rule of Civil Procedure 6(b)(1)(B). In support of his belated request for an extension of the discovery deadline, Plaintiff has first alleged that he "just recently received a voluminous assortment of documents from [what he refers to as the Group I] Defendants.... Plaintiff has discovered documents which appear incomplete and a subsequent request for documents will be necessary. Additionally, Plaintiff is still awaiting documents he previously requested from Group I Defendants which are necessary to Plaintiff's claims in this action, and will possibly lead to the discovery of other necessary documents." Plaintiff, however, has not alleged when he served the document requests that resulted in the recent production or that remain for production. Under Local Rule 26.1(c), Plaintiff bore the obligation to make "adequate provisions... for documents to be produced... within the discovery period." If Plaintiff served the document requests at issue 60 days or less before the discovery deadline, he did not make "adequate provisions" to pursue follow-up discovery based on the production he recently received or anticipates receiving, because Federal Rule of Civil Procedure 34 allowed Defendants at least 30 days to respond to the first round of requests and would have allowed them an additional 30 days to respond to any follow-up requests. Under these circumstances, Plaintiff has not established that he acted with the requisite diligence to permit an extension of the discovery deadline for pursuit of follow-up discovery related to the documents he recently received or anticipates receiving from the Group I Defendants. As secondary support for the extension sought in #58 Request, Plaintiff has alleged that he "has written numerous letters to the Office of the District Attorney for Rowan County [requesting certain documents]; however, he has received no reply." Plaintiff has not explained why he failed to request issuance of a subpoena directed to the Rowan County District Attorney during the discovery period. As a result, the Court concludes that Plaintiff has failed to show that he made "adequate provisions" to obtain documents from the Rowan County District Attorney during the discovery period and has failed to show that he acted with the diligence required to establish good cause for an extension of the discovery deadline. Finally, Plaintiff has complained that, due to a physical handicap, "[t]he time constraints placed on [him] are physically burdensome...." Plaintiff has shown the wherewithal to file #1 Complaint, which consists of 23 pages of detailed allegations, supported by another 99 pages of attached exhibits. He also has filed #51 Motion to Compel Discovery, supported by #52 Declaration. Moreover, the Court adopted a six-month discovery period. Under these circumstances, the Court does not find that Plaintiff's handicap entitles him to a belated extension of the discovery deadline. At a minimum, Plaintiff has failed to show that he lacked the capacity to make a timely request for extension of the discovery deadline and thus the Court does not find excusable neglect as required to revive the expired discovery period. Issued by MAG/JUDGE L. PATRICK AULD on 09/26/2017. (AULD, L.)
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Filing 58
MOTION for Extension of Time to Complete Discovery filed by S. SHANE SMITH. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #58 MOTION for Extension of Time to Complete Discovery. (Engle, Anita)
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TEXT ORDER granting #57 Motion for Enlargement of Time. Defendant Julia Peeler shall file any dispositive motion by 11/03/2017. Issued by MAG/JUDGE L. PATRICK AULD on 09/22/2017. (AULD, L.)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #57 First MOTION for Extension of Time To File Motion for JULIA R. PEELER Dispositive Motions until 3 November 2017. (Engle, Anita)
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Filing 57
First MOTION for Extension of Time To File Motion for JULIA R. PEELER Dispositive Motions until 3 November 2017 by JULIA R. PEELER. (Attachments: #1 Text of Proposed Order Order)(TAYLOR, EDWARD)
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Filing 56
ORDER signed by MAG/JUDGE L. PATRICK AULD on 09/20/2017, that Moving Defendants will have up to and including November 3, 2017, to file a dispositive motion. (Garland, Leah)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #55 MOTION for Extension of Time to file dispositive motions. (Engle, Anita)
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Filing 55
MOTION for Extension of Time to file dispositive motions by LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS. (Attachments: #1 Text of Proposed Order)(RICCI, YVONNE)
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TEXT ORDER denying #51 Motion to Compel Discovery from Defendant Julia R. Peeler and #53 Motion for Appointment of Counsel. As to #53 Motion, (1) Plaintiff lacks entitlement to counsel in this civil case, (2) the Court lacks funds to pay an attorney to represent Plaintiff, and (3) Plaintiff has not shown exceptional circumstances warranting appointment of counsel (in particular, Plaintiff has not shown that he lacks the capacity to present any colorable claim, as he has set forth his claim in detailed fashion in #1 Complaint, which consists of 23 pages with another 99 pages of attached exhibits). As to #51 Motion, Defendant Peeler (through counsel) has represented that she does not possess any of the documents referenced in Request for Production No. 1 and Plaintiff has not shown that he conferred in good faith with Defendant regarding Request for Production No. 2. The Court cannot order Defendant Peeler to produce documents she does not possess and it appears that the documents at issue in Request for Production No. 1 are public records which Plaintiff has an equal ability to obtain. The Court therefore will order no relief as to Request for Production No. 1. Nor will the Court order any relief as to Request for Production No. 2. Federal Rule of Civil Procedure 37(a)(1) and Local Rule 37.1(a) required Plaintiff to consult with counsel for Defendant Peeler in good faith before seeking court action, but [52-3] Letter that Plaintiff submitted to show consultation with counsel for Defendant Peeler addresses only Request for Production No. 1, not Request for Production No. 2. Further, Request for Production No. 2 appears to demand that Defendant Peeler create a document (i.e., a "list"), but Federal Rule of Civil Procedure 34 only contemplates production of pre-existing documents in the possession, custody, or control of another party. As a final matter, Defendant Peeler has not requested expense-shifting under Federal Rule of Civil Procedure 37(a)(5)(B) and the Court concludes that, under the circumstances, expense-shifting would not serve the interests of justice. Issued by MAG/JUDGE L. PATRICK AULD on 07/28/2017. (AULD, L.)
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Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #53 MOTION to Appoint Counsel and #51 MOTION to Compel. (Engle, Anita)
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Set Reply Deadlines re: #51 MOTION to Compel: Replies due by 7/20/2017. (Garland, Leah)
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Filing 54
RESPONSE TO MOTION TO COMPEL filed by Defendant JULIA R. PEELER re #51 MOTION to Compel filed by S. SHANE SMITH filed by JULIA R. PEELER. (TAYLOR, EDWARD)
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Filing 53
MOTION to Appoint Counsel filed by S. SHANE SMITH. Responses due by 7/27/2017. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Reset Response Deadline re #51 MOTION to Compel: Responses due by 7/10/2017. (Garland, Leah)
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Filing 52
DECLARATION of S. SHANE SMITH in support of #51 MOTION to Compel, filed by Plaintiff S. SHANE SMITH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Envelope - Front and Back) (Garland, Leah)
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Filing 51
MOTION to Compel Discovery from Defendant Julia R. Peeler, filed by S. SHANE SMITH. Response to Motion due by 7/13/2017. (Attachments: #1 Cover Letter, #2 Envelope - Front and Back) (Garland, Leah)
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Filing 50
MOTION for Extension of Time to Complete Discovery by LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS. (Attachments: #1 Exhibit A-Plaintiff's First Request for Production of Documents, #2 Text of Proposed Order)(RICCI, YVONNE)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #50 MOTION for Extension of Time to Complete Discovery. (Engle, Anita)
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TEXT ORDER granting in part #50 Motion for Extension of Time. Defendants Carol Hurlocker, Amy Leonard, David Livengood, Frank L. Perry, George T. Solomon, Joseph Valliere, Mike Williams, Larry Huggins, Steven W. Smith, Officer Weaver, Charlotte Williams, and Richard Neely shall serve any response(s) to Plaintiff's First Request for Production of Documents by 05/24/2017. Issued by MAG/JUDGE L. PATRICK AULD on 04/19/2017. (AULD, L.)
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CASE REFERRED to MAG/JUDGE L. PATRICK AULD (Engle, Anita)
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TEXT ORDER adopting the following schedule (without holding an Initial Pretrial Conference, as permitted by Local Rule 16.1(a)): (1) the Standard case-management track, established by Local Rule 26.1(a)(1), shall apply, except that the Court will adopt a six-month, rather than a four-month, period for discovery to account for difficulties associated with Plaintiff's status as an incarcerated, pro se litigant; (2) the parties shall serve Initial Disclosures required by Federal Rule of Civil Procedure 26(a)(1) by 03/28/2017; (3) the parties shall file any motion seeking leave to amend pleadings and/or to add parties by 04/28/2017, with any such motions filed after that date subject to Federal Rule of Civil Procedure 16(b)(4), as well as Federal Rule of Civil Procedure 15(a)(2); (4) the parties shall serve any expert disclosures required by Federal Rule of Civil Procedure 26(a)(2)(B) and (C) by 06/28/2017; (5) the parties shall serve any rebuttal expert reports, as contemplated by Federal Rule of Civil Procedure 26(a)(2)(D)(ii), by 07/28/2017; (6) the parties shall complete discovery by 08/28/2017; and (7) consistent with Local Rule 16.4(b), the parties are not required to conduct mediation. To assist Plaintiff in meeting his obligations to litigate this case pro se, the Clerk shall send Plaintiff a copy of the Civil Rules portion of the Local Rules of this Court, along with a copy of Federal Rules of Civil Procedure 5, 6, 7, 10, 11, 15, 16, 26, 28, 29, 30, 31, 33, 34, 36, 37, 45, 56, and 72. Issued by MAG/JUDGE L. PATRICK AULD on 02/24/2017. (AULD, L.)
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Set Scheduling Order Deadlines: Plaintiff's Amended Pleadings due by 4/28/2017. Defendants Amended Pleadings due by 4/28/2017. Discovery due by 8/28/2017. Joinder of Parties for Plaintiff due by 4/28/2017. Joinder of Parties for Defendant due by 4/28/2017. (See 2/24/2017 Text Order) (Garland, Leah)
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Filing 49
ANSWER to #1 Complaint,, with Jury Demand by RICHARD L. NEELY. (RICCI, YVONNE)
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TEXT ORDER granting #48 Motion for Extension of Time. Defendant RICHARD L. NEELY shall answer or otherwise respond by 02/24/2017. Issued by MAG/JUDGE L. PATRICK AULD on 02/21/2017. (AULD, L.)
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Motions Referred: RE: #48 MOTION for Extension of Time to File Answer re #1 Complaint,, , to MAG/JUDGE L. PATRICK AULD (Williamson, Wanda)
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Filing 48
MOTION for Extension of Time to File Answer re #1 Complaint,, by RICHARD L. NEELY. (Attachments: #1 Text of Proposed Order)(RICCI, YVONNE)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #39 MOTION to Strike #36 Answer to Complaint. (Engle, Anita)
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TEXT ORDER granting #39 Motion to Strike, striking #36 Unsigned Paper-writing, and deeming #40 Answer as the responsive pleading by Defendant Stephen W. Smith. The Court must strike unsigned filings. Fed. R. Civ. P. 11(a). The question of whether and to what extent (if any) Plaintiff may make use of #36 Unsigned Paper-writing in this litigation (to the extent presented by Plaintiff in #45 Response) cannot be resolved until a concrete dispute about such matters arises. Issued by MAG/JUDGE L. PATRICK AULD on 02/07/2017. (AULD, L.)
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Filing 47
USMS Return Executed served on RICHARD L. NEELY on 01/24/2017. Answer due 2/14/2017. (Garland, Leah)
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Filing 46
ANSWER to Complaint with Jury Demand by JULIA R. PEELER. (TAYLOR, EDWARD)
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Filing 45
RESPONSE filed by Plaintiff S. SHANE SMITH re: #39 MOTION to Strike #36 Answer to Complaint. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Set Reply Deadline re #39 MOTION to Strike #36 Answer to Complaint: Replies due by 2/1/2017. (Garland, Leah)
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TEXT ORDER granting #41 Motion for Extension of Time. Plaintiff did not file a timely response in opposition to #41 Motion and the Court thus treats #41 Motion as uncontested and generally subject to granting as a matter of course. Further, the Court finds no reason to depart from that general rule, but rather finds good cause for the requested extension. Accordingly, Defendant JULIA R. PEELER shall answer or otherwise respond to #1 Complaint by 01/30/2017. Issued by MAG/JUDGE L. PATRICK AULD on 01/17/2017. (AULD, L.)
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Filing 43
Summons Issued as to RICHARD L. NEELY. (Coyne, Michelle)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #41 MOTION for Extension of Time to File Answer re #1 Complaint. (Engle, Anita)
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Filing 42
NOTICE of Appearance by attorney YVONNE BULLUCK RICCI on behalf of Defendants LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, CHARLOTTE WILLIAMS, MIKE WILLIAMS (RICCI, YVONNE)
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Filing 41
MOTION for Extension of Time to File Answer re #1 Complaint,, by JULIA R. PEELER. (Attachments: #1 Text of Proposed Order)(RICCI, YVONNE)
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Filing 40
ANSWER to #1 Complaint, with Jury Demand by LARRY HUGGINS, STEVEN W. SMITH, OFFICER WEAVER, CHARLOTTE WILLIAMS. (RICCI, YVONNE)
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Filing 39
MOTION to Strike #36 Answer to Complaint by STEVEN W. SMITH. Response to Motion due by 1/12/2017 (RICCI, YVONNE)
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TEXT ORDER directing the Clerk (A) to prepare summonses for Defendant Neely at the address identified in #38 Sealed Response; (B) to forward that summons and a copy of #1 Complaint to the U.S. Marshals Service (which shall effect service of process on Defendant Neely); and (C) to publicly docket such summons and any related return in a fashion that redacts the address information for Defendant Neely. Issued by MAG/JUDGE L. PATRICK AULD on 12/19/2016. (AULD, L.)
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CASE REFERRED to MAG/JUDGE L. PATRICK AULD RE: #38 SEALED Document. (Engle, Anita)
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Filing 38
SEALED DOCUMENT re: 11/16/2016 Text Order, filed by Defendant RICHARD L. NEELY. (RICCI, YVONNE) Modified on 12/19/2016 to reflect proper related document. (Garland, Leah)
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Filing 37
ORDER signed by MAG/JUDGE L. PATRICK AULD on 12/09/2016; that the October 27, 2015 and September 16, 2015 Orders (Docket Entries #9 , #5 ) are HEREBY AMENDED to reflect that Plaintiff owes only the full statutory filing fee of $350.00. Additionally, the Clerk of Court is DIRECTED to refund Plaintiff the amount, if any, Plaintiff has paid over $350.00. (Garland, Leah)
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TEXT ORDER granting #34 Motion for Extension of Time. Plaintiff did not file a timely response in opposition and thus the Court treats #34 Motion as unopposed and generally subject to granting as a matter of course, pursuant to Local Rule 7.3(k). The Court further finds no reason to depart from that general rule, but instead finds good cause for the requested extension. Accordingly, Defendants Larry Huggins, Julia Peeler, Steven W. Smith, Officer [Kristie] Weaver, and Charlotte Williams shall answer or otherwise respond by 12/19/2016. Issued by MAG/JUDGE L. PATRICK AULD on 11/29/2016. (AULD, L.)
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TEXT ORDER granting #31 Request for Amendment of the Court's Text Order dated 08/23/2016, and directing Yvonne Bullock Ricci, counsel for the defendants who have appeared, to provide (as an officer of the Court) assistance to the Court by performing one of the following acts on or before 12/16/2016: (1) filing a notice stating that Attorney Ricci will accept service of process on behalf of Defendant Richard Neely (which the Court then will carry out electronically via the CM/ECF system); (2) filing a waiver of service of process form executed by Defendant Neely; (3) filing a notice providing the last known address suitable for service of process for Defendant Neely (as determined after reasonable inquiry), which notice may be filed under seal if it discloses information that would compromise the security and/or privacy interests of Defendant Neely; and/or (4) proposing any other reasonable means by which the Court can meet its obligation to aid Plaintiff in obtaining service of process on Defendant Neely. Issued by MAG/JUDGE L. PATRICK AULD on 11/16/2016. (AULD, L.)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #31 MOTION to Amend entitled "Request for Amendment of Court's Text Order entered 8/23/2016." (Engle, Anita)
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Filing 36
***STRICKEN*** ANSWER (UNSIGNED) to #1 Complaint, filed by STEVEN W. SMITH. (Attachments: #1 Envelope - Front and Back) (Garland, Leah) Modified on 2/8/2017 to mark stricken pursuant to 2/7/2017 Text Order. (Garland, Leah)
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Motions Referred: RE: #34 MOTION for Extension of Time to File Answer re #1 Complaint,, , to MAG/JUDGE L. PATRICK AULD (Williamson, Wanda)
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Filing 35
CERTIFICATE OF SERVICE by LARRY HUGGINS, JULIA R. PEELER, STEVEN W. SMITH, OFFICER WEAVER, CHARLOTTE WILLIAMS re #34 MOTION for Extension of Time to File Answer re #1 Complaint,, Amended Certificate of Service (RICCI, YVONNE)
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Filing 34
MOTION for Extension of Time to File Answer re #1 Complaint,, by LARRY HUGGINS, JULIA R. PEELER, STEVEN W. SMITH, OFFICER WEAVER, CHARLOTTE WILLIAMS. (Attachments: #1 Text of Proposed Order)(RICCI, YVONNE)
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Filing 33
USMS Return Executed as to LARRY HUGGINS served on 10/17/2016, answer due 11/7/2016; STEVEN W. SMITH served on 10/17/2016, answer due 11/7/2016. (Garland, Leah)
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Filing 32
USMS Return Executed as to JULIA R. PEELER served on 10/13/2016, answer due 11/3/2016; OFFICER WEAVER served on 10/13/2016, answer due 11/3/2016. (Garland, Leah)
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TEXT ORDER granting #27 Motion for Extension of Time. Plaintiff did not file a timely response in opposition to #27 Motion and the Court therefore deems #27 Motion unopposed and generally subject to granting as a matter of course under Local Rule 7.3(k). Further, the Court finds no reason to depart from that general rule and instead finds good cause for the requested relief. Accordingly, CHARLOTTE WILLIAMS shall answer or otherwise respond by 11/07/2016. Issued by MAG/JUDGE L. PATRICK AULD on 10/26/2016. (AULD, L.)
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Filing 31
MOTION to Amend entitled "Request for Amendment of Court's Text Order entered 8/23/2016" filed by S. SHANE SMITH. Responses due by 11/14/2016. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 30
Summons Issued as to LARRY HUGGINS, JULIA R. PEELER, STEVEN W. SMITH, OFFICER WEAVER. (Attachments: #1 Summons to Stephen W. Smith, #2 Summons to Julia T. Peeler, #3 Summons to Larry Huggins) (Garland, Leah)
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TEXT ORDER directing the Clerk (A) to prepare summonses for Defendants Weaver, Smith, Peeler, and Huggins at the respective addresses identified in #28 Sealed Response; (B) to forward those summonses and copies of #1 Complaint to the U.S. Marshals Service (which shall effect service of process on said Defendants); and (C) to publicly docket such summonses and any returns thereof in a fashion that redacts the address information for said Defendants. Issued by MAG/JUDGE L. PATRICK AULD on 10/04/2016. (AULD, L.)
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Filing 29
RESPONSE re Order, to show cause by 3 October 2016 filed by CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, FRANK L. PERRY, GEORGE T. SOLOMON, JOSEPH VALLIERE, MIKE WILLIAMS. Replies due by 10/20/2016. (RICCI, YVONNE)
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Filing 28
SEALED DOCUMENT of last known addresses of Defendants Smith, Peeler, Weaver, and Huggins re Order on Motion for Extension of Time, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,,, by Defendants LARRY HUGGINS, JULIA R. PEELER, STEVEN W. SMITH, OFFICER WEAVER. (RICCI, YVONNE)
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Filing 27
MOTION for Extension of Time to File Answer re #1 Complaint,, by CHARLOTTE WILLIAMS. (Attachments: #1 Text of Proposed Order)(RICCI, YVONNE)
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Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #27 MOTION for Extension of Time to File Answer re #1 Complaint. (Garland, Leah)
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TEXT ORDER requiring Attorney YVONNE BULLUCK RICCI to show cause in writing by 10/03/2016, why she has failed to comply with or to seek relief from the Text Order dated 08/23/2016. Failure by Attorney Ricci to comply with this Text Order may result in the imposition of sanctions. Issued by MAG/JUDGE L. PATRICK AULD on 09/26/2016. (AULD, L.)
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CASE REFERRED to MAG/JUDGE L. PATRICK AULD RE: Text Order dated 8/23/2016. (Engle, Anita)
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Filing 26
USMS Return Executed as to CHARLOTTE WILLIAMS served on 9/1/2016, answer due 9/22/2016. (Garland, Leah)
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Filing 25
NOTICE of Change of Address by S. SHANE SMITH. Address updated on docket sheet. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 24
Summons Issued as to CHARLOTTE WILLIAMS. (See 8/23/2016 Text Order) (Garland, Leah)
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TEXT ORDER (A) granting #20 Request for Extension of Time to Complete Service of Process, (B) denying #21 Request for Limited Discovery, (C) directing the Clerk to issue a summons for Charlotte Williams, PREA Coordinator, North Carolina Department of Public Safety, 831 West Morgan Street, Raleigh, NC 27699 (and to forward said summons and a copy of #1 Complaint to the United States Marshal's Service for service of process), and (D) requiring counsel for the defendants who have appeared to assist the Court in meeting its obligation to aid Plaintiff (as a pro se litigant proceeding as a pauper) in perfecting service on the defendants who have not been served. Plaintiff has shown good cause under Federal Rule of Civil Procedure 4(m) to extend the time to effect service of process on certain defendants. The Court further finds that Plaintiff has sufficiently identified the defendant originally identified as John/Jane Doe (PREA Coordinator) to warrant issuance of a summons for Defendant Williams. The Court, however, declines to order discovery in aid of service of process at this point and instead directs that, on or before 09/22/2016, Yvonne Bullock Ricci, counsel for the defendants who have appeared, shall provide (as an officer of the Court) assistance to the Court by performing one of the following acts as to each of (i) Steven W. Smith, Foodservice Manager III, (ii) Julia R. Peeler, Foodservice Manager I, (iii) Correctional Officer Weaver, and (iv) Larry Huggins, Social Work Program Director: (1) filing a notice stating that Attorney Ricci will accept service on behalf of Defendants Smith, Peeler, Weaver, and/or Huggins (which the Court then will carry out electronically via the CM/ECF system); (2) filing waiver of service forms executed by Defendants Smith, Peeler, Weaver, and/or Huggins; (3) filing a notice providing the last known addresses suitable for service of process for Defendants Smith, Peeler, Weaver, and/or Huggins (as determined after reasonable inquiry), which notice may be filed under seal if it discloses information that would compromise the security and/or privacy interests of such Defendant(s); and/or (4) proposing any other reasonable means by which the Court can meet its obligation to aid in obtaining service of process on Defendants Smith, Peeler, Weaver, and/or Huggins. As to any other John/Jane Doe(s), the Court concludes that Plaintiff has not provided sufficient information (in #1 Complaint or #21 Request) to warrant any further action by the Court at this time. Given the filing of #23 Answer, it appears that discovery will commence once service of process issues are resolved and Plaintiff can pursue any discovery related to identifying any such Doe defendants at that time, if appropriate. Issued by MAG/JUDGE L. PATRICK AULD on 08/23/2016. (AULD, L.)
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Filing 23
ANSWER to #1 Complaint,, with Jury Demand by CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, FRANK L. PERRY, GEORGE T. SOLOMON, JOSEPH VALLIERE, MIKE WILLIAMS. (RICCI, YVONNE)
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Filing 22
RETURN OF SERVICE by US Marshal's Office as to LARRY HUGGINS. (Garland, Leah)
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Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #20 MOTION for Extension of Time. (Garland, Leah)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #21 MOTION entitled "Plaintiff's Request for Limited Discovery (To complete service of process only). (Engle, Anita)
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Filing 21
MOTION entitled "Plaintiff's Request for Limited Discovery (To complete service of process only)" filed by S. SHANE SMITH. Responses due by 8/11/2016 (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 20
MOTION for Extension of Time entitled "Request for Extension of Time to Complete Service of Process" filed by S. SHANE SMITH. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
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Filing 19
RETURN OF SERVICE BY US MARSHALS OFFICE as to LARRY HUGGINS served on 6/13/2016, answer due 8/8/2016; FRANK L. PERRY served on 6/13/2016, answer due 8/8/2016; GEORGE T. SOLOMON served on 6/13/2016, answer due 8/8/2016. (See 6/27/2016 Text order regarding Answer deadline) (Garland, Leah) Modified on 7/19/2016 to properly set out event. (Garland, Leah)
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Filing 18
RETURN OF SERVICE BY US MARSHALS OFFICE as to CAROL HURLOCKER served on 6/10/2016, answer due 8/8/2016. (See 6/27/2016 Text Order regarding Answer deadline) (Garland, Leah) Modified on 7/19/2016 to properly set out event. (Garland, Leah)
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Filing 17
RETURN OF SERVICE BY US MARSHALS OFFICE as to AMY LEONARD served on 6/8/2016, answer due 8/8/2016; DAVID LIVENGOOD served on 6/8/2016, answer due 8/8/2016; JOSEPH VALLIERE served on 6/8/2016, answer due 8/8/2016; MIKE WILLIAMS served on 6/8/2016, answer due 8/8/2016. (See 6/27/2016 Text Order as to Answer deadline) (Garland, Leah) Modified on 7/19/2016 to set out proper event. (Garland, Leah)
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Filing 16
Summons Returned Unexecuted as to RICHARD L. NEELY, JULIA R. PEELER, STEVEN W. SMITH, OFFICER WEAVER. (Garland, Leah)
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Filing 15
MOTION for Extension of Time to File Answer re #1 Complaint,, by CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, GEORGE T. SOLOMON, JOSEPH VALLIERE, MIKE WILLIAMS. (Attachments: #1 Text of Proposed Order)(RICCI, YVONNE)
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Motion Referred to MAG/JUDGE L. PATRICK AULD RE: #15 MOTION for Extension of Time to File Answer re #1 Complaint. (Engle, Anita)
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TEXT ORDER granting #15 Motion for Extension of Time. Defendants George T. Solomon, Joseph Valliere, Officer Mike Williams, David Livengood, Amy Leonard, and Carol Hurlocker, as well as all other Defendants who may be served on or before 07/18/2016, shall answer or otherwise respond by 08/08/2016. Attorney Yvonne Bullock Ricci and the North Carolina Department of Justice shall not be deemed to have made a general appearance on behalf of any Defendant at this point. Issued by MAG/JUDGE L. PATRICK AULD on 06/27/2016. (AULD, L.)
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Filing 14
Notice of Right to Consent. US Marshal shall serve the attached form on all parties. (Garland, Leah)
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Filing 13
Summons Issued as to LARRY HUGGINS, CAROL HURLOCKER, AMY LEONARD, DAVID LIVENGOOD, RICHARD L. NEELY, JULIA R. PEELER, FRANK L. PERRY, STEVEN W. SMITH, GEORGE T. SOLOMON, JOSEPH VALLIERE, OFFICER WEAVER, MIKE WILLIAMS. (Garland, Leah)
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Filing 12
ORDER signed by MAG/JUDGE L. PATRICK AULD on 05/19/2016; that the Clerk shall send Plaintiff a summons for each defendant named in the complaint. Plaintiff must fill out a summons for each defendant, including an address suitable for service, and then return the summons(es) to the Clerk. Failure to provide an address wherein service may be made on any defendant will result in the dismissal of the action as to all such unserved defendants after 90 days from the filing of the complaint. See Fed. R. Civ. P. 4(m). FURTHER ORDERED that the United States Marshal, upon return of the properly completed summons (es) shall serve the Complaint on the defendant(s). FURTHER ORDERED that Plaintiff's Motion (Docket Entry #3 ) seeking an appointment of counsel is denied. (Garland, Leah)
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CASE REFERRED for Screening. (Garland, Leah)
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Filing 11
Case transferred in from District of North Carolina Eastern; Case Number 5:15-ct-03242. Original file certified copy of transfer order and docket sheet received.
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Filing 10
ORDER - In the interest of justice, the court hereby ORDERS the clerk of court to TRANSFER plaintiff's action to the United States District Court for the Middle District of North Carolina, where venue is proper. Signed by District Judge Louise Wood Flanagan on 4/29/2016. (Copy served on plaintiff at address on file via US Mail.) (Castania, M.) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing fee: $ 44.60, receipt number RAL049357 (McLemore, J) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing fee: $ 1.80, receipt number RAL048755 (McLemore, J) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing fee: $ 40.00, receipt number RAL048275 (McLemore, J) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing fee: $ 25.00, receipt number RAL047769 (McLemore, J) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing fee: $ 41.00, receipt number RAL047180 (McLemore, J) [Transferred from North Carolina Eastern on 4/29/2016.]
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Motion Submitted to District Judge Louise Wood Flanagan: #3 MOTION to Appoint Counsel. (Castania, M.) [Transferred from North Carolina Eastern on 4/29/2016.]
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Case Submitted to District Judge Louise Wood Flanagan for frivolity review pursuant to 28 U.S.C. 1915. (Castania, M.) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing 9
ORDER granting #2 Motion to Proceed Without Prepayment of Fees. Signed by Magistrate Judge Robert B. Jones, Jr. on 10/27/2015. (Copy served on plaintiff at address on file via US Mail.) (Castania, M.) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing 8
Prisoner Trust Fund Account Statement by S. Shane Smith. (Attachment: #1 Cover Letter) (Castania, M.) [Transferred from North Carolina Eastern on 4/29/2016.]
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Motion Referred to US Magistrate Judge Robert B. Jones, Jr.: #2 MOTION to Proceed Without Prepayment of Fees. (Castania, M.) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing 7
TRUST FUND INFORMATION REQUESTED. (Castania, M.) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing 6
TRUST FUND INFORMATION REQUESTED. (Indig, A.) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing 5
Order (Prisoner Litigation Reform Act). Response to Order due by 10/7/2015. Signed by Magistrate Judge Robert B. Jones, Jr. on 9/16/2015. Copy sent via US Mail. (Indig, A.) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing 4
Letter mailed to plaintiff regarding case opening. (McDowell, G.) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing 3
MOTION for Appointment of Counsel filed by S. Shane Smith. (McDowell, G.) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing 2
MOTION to Proceed Without Prepayment of Fees filed by S. Shane Smith. (McDowell, G.) [Transferred from North Carolina Eastern on 4/29/2016.]
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Filing 1
COMPLAINT filed by S. Shane Smith against John/Jane Doe(Prison/Contract Employee Piedmont Correctional Institution), John/Jane Doe(P.R.E.A. Cordinator), Larry Huggins, Carol Hurlocker, Amy Leonard, David Livengood, Richard L. Neely, Julia R. Peeler, Frank L. Perry, Steven W. Smith, George T. Solomon, Joseph Valliere, Officer Weaver, and Mike Williams. (Attachments: #1 Supporting Documentation, #2 Cover Letter, #3 Envelope) (McDowell, G.) [Transferred from North Carolina Eastern on 4/29/2016.]
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