JOHNSON v. SMITH et al
| KENNETH JOHNSON |
| MR. SMITH, JOHN DOE, MR. TAYLOR, SGT BOGGS, MR TAYLOR, SGT PEARMAN and MS KING |
| 1:2019cv00834 |
| August 14, 2019 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| LORETTA C BIGGS |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| TEXT ORDER (A) granting #13 Motion for Extension of Time; (B) extending the deadline for Defendant SGT PEARMAN to answer or otherwise respond to 12/03/2019; and (C) requiring counsel for SGT PEARMAN, as officers of the Court and in light of the Court's obligation to assist Plaintiff in obtaining service of process upon Defendants, to file a notice, on or before 11/12/2019, setting out (after reasonable inquiry) a last known address for Defendant MR. BOGGS or otherwise proposing a method for obtaining service of process as to Defendant MR. BOGGS, given the statement in #9 Process Receipt and Return that the United States Marshals Service could not serve Defendant MR. BOGGS at the Guilford County Jail because he "is no longer employed by th[at] agency" and that the United States Marshals Service "[n]eed[s] another address for service." Issued by MAG/JUDGE L. PATRICK AULD on 10/10/2019. (AULD, L.) |
| TEXT ORDER (1) directing the Clerk to send Plaintiff a new summons form for him to complete as to Defendant MR. SMITH; and (2) requiring Plaintiff to properly complete that summons form by providing additional identifying information sufficient to allow the United States Marshals Service to make service of process, and to return the properly complete summons form by 11/12/2019, after which the Clerk will re-issue a summons as to Defendant MR. SMITH for service of process by the United States Marshals Service. In #8 Process Receipt and Return, the United States Marshals Service has indicated that it cannot make service of process on Defendant MR. SMITH at the Guilford County Jail, because officials there are "[u]nable to determine identity. Multiple 'SMITHS' [are] in employment [at that location]. [The United States Marshals Service n]eed[s] more identifiers." Failure by Plaintiff to comply with this Text Order will result in the dismissal without prejudice of this action as against Defendant MR. SMITH. Issued by MAG/JUDGE L. PATRICK AULD on 10/10/2019. (AULD, L.) |
| Motion Referred: RE: #13 MOTION for Extension of Time to File Answer re #1 Complaint , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| Filing 13 MOTION for Extension of Time to File Answer re #1 Complaint by PEARMAN. (Attachments: #1 Text of Proposed Order Proposed Order)(SECOR, JAMES) |
| Filing 12 NOTICE of Appearance by attorney THOMAS DIXON CARRUTHERS on behalf of Defendant PEARMAN (CARRUTHERS, THOMAS) |
| Filing 11 NOTICE of Appearance by attorney JAMES DEMAREST SECOR, III on behalf of Defendant PEARMAN (SECOR, JAMES) |
| Filing 10 USMS Return Executed on 10/1/2019 as to SGT PEARMAN re: Complaint, Summons and Notice. (Daniel, J) |
| Filing 9 USMS Return Unexecuted as to SGT BOGGS. (Daniel, J) |
| Filing 8 USMS Return Unexecuted as to MR. SMITH. (Daniel, J) |
| Filing 7 Notice of Right to Consent. US Marshal shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 6 Summons Issued as to MR. SMITH, JOHN DOE(D-TAC OFFICER), JOHN DOE(D-TAC OFFICER), MR. TAYLOR. (Sheets, Jamie) |
Filing 5
ORDER signed by MAG/JUDGE L. PATRICK AULD on 09/10/2019, that the prior Order and Recommendation (Docket Entry #2 ) recommending dismissal of this case is withdrawn. FURTHER ORDERED 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 October of 2019, 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. 1:19CV834, 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)
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| Motion Referred: RE: #4 APPLICATION to Proceed IFP, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| Filing 4 Declaration and Request to Proceed IFP by KENNETH JOHNSON. (Attachments: #1 Envelope - Front and Back) (Daniel, J) |
| Filing 3 Notice of Mailing Recommendation: Objections to R&R due by 8/29/2019. Objections to R&R for Pro Se due by 9/3/2019. (Garland, Leah) |
| Filing 2 ***WITHDRAWN*** ORDER AND RECOMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 08/15/2019, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The Clerk is instructed to send Plaintiff 1983 forms, instructions, an application to proceed in forma pauperis, and a copy of pertinent parts of Fed. R. Civ. P. 8 (i.e., Sections (a) & (d)). IT IS RECOMMENDED that this action be filed and dismissed sua sponte without prejudice to Plaintiff filing a new complaint, on the proper 1983 forms, which corrects the defect cited above. (Garland, Leah) |
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ORDER signed by MAG/JUDGE L. PATRICK AULD on 08/15/2019. (Garland, Leah)
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| Filing 1 COMPLAINT against All Defendants, filed by KENNETH JOHNSON. (Attachments: #1 Envelope - Front and Back) (Garland, Leah) |
| Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Garland, Leah) |
| CASE REFERRED for Screening. (Garland, Leah) |
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