TUCKER v. KIVETT et al
Plaintiff: CORNELIUS TUCKER
Defendant: SHERIFF SCHATZMAN, CPL. KIVETT, CAPT. GUARD SETTLE, SGT INGLE, MAJOR SLATER, SHIPMAN, GUARD BOGNER, NURSE MCKOY, CHIEF OF WINSTON-SALEM POLICE DEPARTMENT, INTERNAL AFFAIRS DIVISION, DR. CUNNINGHAM, SGT DORN, CATRINA THOMPSON, AMY LEEPER and CORPORAL MONEY
Case Number: 1:2018cv00897
Filed: October 24, 2018
Court: US District Court for the Middle District of North Carolina
Presiding Judge: CATHERINE C EAGLES
Referring Judge: JOE L WEBSTER
Nature of Suit: Habeas Corpus (Prison Condition)
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2018 Filing 26 Corporate Disclosure Statement by CUNNINGHAM. (MILAK, JENNIFER)
December 21, 2018 Filing 25 Corporate Disclosure Statement by MCKOY. (MILAK, JENNIFER)
December 21, 2018 Filing 24 NOTICE of Appearance by attorney JENNIFER BRYANT MILAK on behalf of Defendants CUNNINGHAM, MCKOY (MILAK, JENNIFER)
December 21, 2018 Filing 23 MOTION for Extension of Time to File Answer by CUNNINGHAM, MCKOY. (Attachments: #1 Text of Proposed Order)(MILAK, JENNIFER)
December 18, 2018 Set Answer Deadline: KIVETT answer due 1/22/2018; MONEY answer due 1/22/2018; SETTLE answer due 1/22/2018; SLATER answer due 1/22/2018. (Taylor, Abby)
December 18, 2018 TEXT ORDER granting #22 Motion for Extension of Time to Answer filed by KIVETT, MONEY, SETTLE, SLATER. For good cause shown, the motion is granted. Defendants KIVETT, MONEY, SETTLE, and SLATER shall have up to and including January 22, 2019 to file an answer or otherwise respond to Plaintiff's Complaint. Issued by MAG/JUDGE JOE L. WEBSTER on 12/18/2018.(Lee, Pedra)
December 17, 2018 Filing 22 MOTION for Extension of Time to File Answer Complaint by KIVETT, MONEY, SETTLE, SLATER. (ALBRIGHT, LONNIE)
December 17, 2018 Filing 21 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendants KIVETT, MONEY, SETTLE, SLATER (ALBRIGHT, LONNIE)
December 17, 2018 Filing 20 NOTICE of Appearance by attorney LONNIE GLENN ALBRIGHT, III on behalf of Defendants KIVETT, MONEY, SETTLE, SLATER (ALBRIGHT, LONNIE)
December 17, 2018 Motions Referred: RE: #22 MOTION for Extension of Time to File Answer Complaint, to MAG/JUDGE JOE L. WEBSTER (Taylor, Abby)
December 14, 2018 Filing 19 USMS Return Executed as to Defendants, SETTLE, MONEY, CUNNINGHAM, MCKOY, SLATER. Answer due 01/02/2019. (Taylor, Abby)
December 14, 2018 Filing 18 USMS Return Unexecuted as to Defendant SCHATZMAN. (Taylor, Abby)
December 13, 2018 Filing 17 Summons Issued as to INGLE, KIVETT. (Copy of #2 , #3 , #4 Order, #5 , #6 , #7 , #8 , #9 , #10 , #11 , [12 ], #14 delivered to U.S. Marshal for service) (Attachments: #1 Envelope)(Taylor, Abby)
December 13, 2018 Opinion or Order Filing 16 ORDER signed by MAG/JUDGE JOE L. WEBSTER on 12/13/2018, that the Clerk shall return to Plaintiff all documents recently received by the Court. Should Plaintiff desire to further amend or supplement his Complaint, he should do so within the guidelines of the Federal Rules of Civil Procedure and the Middle District Local Rules. The Clerk shall send Plaintiff a copy of Local Rules 7.3 and 15.1 along with this order.(Taylor, Abby)
December 4, 2018 CASE REFERRED to Judge MAG/JUDGE JOE L. WEBSTER. (Marsh, Keah)
December 3, 2018 Filing 15 Summons Issued as to SCHATZMAN, SLATER. (Copy of #2 , #3 , #4 Order, #5 , #6 , #7 , #8 , #9 , #10 , #11 , #12 , #14 delivered to U.S. Marshal for service) (Attachments: #1 Envelope)(Taylor, Abby)
November 26, 2018 Filing 14 Notice of Right to Consent. U.S. Marshal shall serve the attached form on all parties. (Attachments: #1 Consent form)(Taylor, Abby)
November 26, 2018 Filing 13 Summons Issued as to CHIEF OF WINSTON-SALEM POLICE DEPARTMENT, CUNNINGHAM, DORN, INTERNAL AFFAIRS DIVISION, AMY LEEPER, MCKOY, MONEY, SETTLE, CATRINA THOMPSON. (Copy of #2 , #3 , #4 Order, #5 , #6 , #7 , #8 , #9 , #10 , #11 , #12 delivered to U.S. Marshal for service.) (Attachments: #1 Additional summons, #2 Envelope - Front and Back)(Taylor, Abby)
November 26, 2018 Filing 12 SUPPLEMENT re #8 Amended Complaint by Plaintiff CORNELIUS TUCKER. (Attachments: #1 Envelope - Front and Back)(Taylor, Abby)
November 21, 2018 Filing 11 SUPPLEMENT re #3 Amended Complaint filed by Plaintiff CORNELIUS TUCKER. (Attachments: #1 Inner Envelope front and back, #2 Outer Envelope front and back) (Garland, Leah)
November 21, 2018 Filing 10 SUPPLEMENT to #3 Amended Complaint filed by Plaintiff CORNELIUS TUCKER. (Attachments: #1 Inner Envelope front and back 1, #2 Inner Envelope Front and Back 2, #3 Affidavit Outer Envelope Front and Back) (Garland, Leah)
November 19, 2018 Filing 9 SUPPLEMENT re #8 Amended Complaint filed by Plaintiff CORNELIUS TUCKER. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
November 15, 2018 Filing 8 AMENDED COMPLAINT against All Defendants, filed by CORNELIUS TUCKER. (Attachments: #1 Envelope - Front and Back)(Taylor, Abby)
November 14, 2018 Filing 7 SUPPLEMENT re #2 Complaint by Plaintiff CORNELIUS TUCKER. (Attachments: #1 Envelope)(Taylor, Abby)
November 9, 2018 Filing 6 SUPPLEMENT re #2 Complaint by Plaintiff CORNELIUS TUCKER. (Attachments: #1 Envelope)(Taylor, Abby)
November 9, 2018 Filing 5 SUPPLEMENT re #2 Complaint by Plaintiff CORNELIUS TUCKER. (Attachments: #1 Envelope)(Taylor, Abby)
November 2, 2018 Opinion or Order Filing 4 ORDER signed by MAG/JUDGE JOE L. WEBSTER on 11/02/2018, that Plaintiff in the above-named action be, and is hereby, permitted to file and prosecute said action in this Court without prepayment of fees or giving security therefor, subject to the conditions set forth below. FURTHER ORDERED that, as a condition of Plaintiff's proceeding in forma pauperis, Plaintiff's current custodian and/or trust officer shall, starting with the month of December of 2018, collect, set aside, and pay from Plaintiff's trust account on a continuing basis 20 percent of the deposits to Plaintiff's account until the full filing fee and any costs, should they be assessed at a later date, have been paid in full. Unless the Court orders otherwise and except for final payment, such payments shall be made each time the set aside balance in Plaintiff's account exceeds $10.00 until the $350.00 filing fee has been paid. FURTHER ORDERED that all payments deducted in relation to this case shall be designated as made in payment of the filing fee for Civil Action No. 1:18CV897, and shall be paid to the Clerk, U.S. District Court for the Middle District of North Carolina. In the event Plaintiff is transferred to another institution, the balance due shall be collected and paid to the Clerk by the custodian at Plaintiff's next institution. A copy of this Order shall be sent to Plaintiff's current custodian. FURTHER ORDERED 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). (Garland, Leah)
October 30, 2018 Filing 3 AMENDED COMPLAINT against All Defendants, filed by CORNELIUS TUCKER. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
October 24, 2018 Filing 2 COMPLAINT against All Defendants, filed by CORNELIUS TUCKER. (Attachments: #1 Envelope - Front and Back) (Garland, Leah)
October 24, 2018 Filing 1 APPLICATION to Proceed IFP by CORNELIUS TUCKER. (Garland, Leah)
October 24, 2018 CASE REFERRED for Screening. (Garland, Leah)
October 24, 2018 Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Garland, Leah)

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Defendant: SHERIFF SCHATZMAN
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Defendant: CPL. KIVETT
Represented By: LONNIE GLENN ALBRIGHT, III
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Defendant: CAPT. GUARD SETTLE
Represented By: LONNIE GLENN ALBRIGHT, III
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Defendant: SGT INGLE
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Defendant: MAJOR SLATER
Represented By: LONNIE GLENN ALBRIGHT, III
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Defendant: SHIPMAN
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Defendant: GUARD BOGNER
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Defendant: NURSE MCKOY
Represented By: JENNIFER BRYANT MILAK
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Defendant: CHIEF OF WINSTON-SALEM POLICE DEPARTMENT
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Defendant: INTERNAL AFFAIRS DIVISION
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Defendant: DR. CUNNINGHAM
Represented By: JENNIFER BRYANT MILAK
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Defendant: SGT DORN
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Defendant: CATRINA THOMPSON
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Defendant: AMY LEEPER
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Defendant: CORPORAL MONEY
Represented By: LONNIE GLENN ALBRIGHT, III
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Plaintiff: CORNELIUS TUCKER
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