WOOD et al v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY
| LARRY J. VANDYKE, JIMMY CARL FRICK, EARL F. LOCKLEAR, JEREMY SCOTT SMITH, TOMMY DALE CLOER, ROBERT DALE BAXTER, GEORGE LARRY WISEMAN, SR., DAVID E. SPEARS, FRED A. JONES, EDWARD EARL JONES, TONY LOVELL BLACKSHEAR and HOMER AVERY WOOD |
| NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY |
| 1:2019cv00972 |
| September 19, 2019 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 23, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 APPLICATION to Proceed IFP by HOMER AVERY WOOD. (Coyne, Michelle) Modified on 10/24/2019 (Coyne, Michelle). |
| Filing 7 AMENDED COMPLAINT against NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, filed by HOMER AVERY WOOD. (Attachments: #1 Exhibit A, #2 Envelope)(Coyne, Michelle) Modified on 10/24/2019 (Coyne, Michelle). |
| CASE REFERRED for Screening regarding docket entries #7 Amended Complaint and #8 IFP (Coyne, Michelle) Modified on 10/24/2019 (Coyne, Michelle). |
| TEXT ORDER (A) finding as moot #6 Motion for Leave to File an Amended Complaint; (B) directing the Clerk to docket [6-1] Amended Complaint (signed by Plaintiff Homer Avery Wood), which shall serve as the operative pleading in this case, as well as [6-2] IFP Application (signed by Plaintiff Wood), and to refer those filings to the issuing Magistrate Judge for screening under 28 U.S.C. s 1915(e)(2) and/or 28 U.S.C. s 1915A(a) and (b); (C) striking the additional proposed complaints and IFP applications signed by any other putative Plaintiff; and (D) withdrawing #4 Order and Recommendation. Plaintiff Wood previously submitted #2 Complaint, which only he signed, purporting to bring a class-action suit under 42 U.S.C. s 1983, on behalf of a dozen state prisoners housed at Scotland Correctional Institution against the North Carolina Department of Public Safety. The issuing Magistrate Judge entered #4 Order and Recommendation, proposing that the Court dismiss this action "without prejudice to Plaintiffs filing new and separate complaints, on the proper s 1983 forms, which correct the defects cited [therein]," which included Plaintiff Wood's attempt to bring a class-action complaint on behalf of multiple prisoners in contravention of the Prison Litigation Reform Act of 1995 (PLRA). Plaintiff Wood now has filed #6 Motion, to which he appended [6-1] Amended Complaint and [6-2] IFP Application (both of which he signed), along with additional complaints and IFP applications signed by other putative Plaintiffs. In #6 Motion, Plaintiff Wood (and four other putative Plaintiffs) state that, although they have each signed separate complaints, "it is the intent of all the five plaintiffs (signing below), to be only included in the one 'Class Action' complaint that is enclosed." At this juncture of the proceedings, Plaintiff Wood can amend his pleading as of right (i.e., without filing a motion or receiving court authorization), pursuant to Federal Rule of Civil Procedure 15(a)(1). Accordingly, [6-1] Amended Complaint shall now become the operative pleading in this case. However, it remains subject to review under Sections 1915(e)(2) and 1915A(a) and (b), which the Court will address by separate order/recommendation. Finally, as explained in #4 Order and Recommendation, other putative plaintiffs must pursue their claims by instituting their own actions and thus their materials are stricken from this case. Issued by MAG/JUDGE L. PATRICK AULD on 10/23/2019. (AULD, L.) |
| Filing 6 MOTION to Amend #2 Complaint, by HOMER AVERY WOOD. (Attachments: #1 Proposed Complaint Wood, #2 IFP Wood, #3 Exhibit A to complaint)(Coyne, Michelle) (Additional attachment(s) added on 10/25/2019: #4 Wiseman Proposed Complaint *STRICKEN*, #5 Wisement Proposed IFP **Stricken**, #6 Locklear Proposed Complaint **Stricken**, #7 Locklear Proposed IFP **Stricken**, #8 Jones Proposed Complaint **Stricken**, #9 Jones Proposed IFP **Stricken**) (Coyne, Michelle). |
| Motion Referred to Magistrate Judge L. Patrick Auld RE: #6 MOTION to Amend #2 Complaint. (Coyne, Michelle) |
| Filing 5 Notice of Mailing Recommendation: Objections to R&R due by 10/15/2019. Objections to R&R for Pro Se due by 10/18/2019. (Garland, Leah) |
| Filing 4 **WITHDRAWN**ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 09/27/2019, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The Clerk is instructed to send Plaintiffs 1983 forms, instructions, applications to proceed in forma pauperis, and copies of pertinent parts of Fed. R. Civ. P. 8 (i.e., Sections (a) & (d)). RECOMMENDED that this action be filed and dismissed sua sponte without prejudice to Plaintiffs filing new and separate complaints, on the proper 1983 forms, which correct the defects cited above. (Garland, Leah) Modified on 10/23/2019 (Coyne, Michelle). |
ORDER granting #1 Motion for Application to Proceed IFP. Signed by MAG/JUDGE L. PATRICK AULD on 09/27/2019. (Garland, Leah)
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| CASE REFERRED for Screening. (Coyne, Michelle) |
| Case assigned to JUDGE CATHERINE C. EAGLES and MAGISTRATE JUDGE L. PATRICK AULD. (Coyne, Michelle) |
| Filing 3 DECLARATION of HOMER A. WOOD by Plaintiff HOMER AVERY WOOD. (Coyne, Michelle) |
| Filing 2 COMPLAINT against NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, filed by JIMMY CARL FRICK, FRED A. JONES, JEREMY SCOTT SMITH, LARRY J. VANDYKE, ROBERT DALE BAXTER, EDWARD EARL JONES, TOMMY DALE CLOER, DAVID E. SPEARS, HOMER AVERY WOOD, GEORGE LARRY WISEMAN, SR, EARL F. LOCKLEAR, TONY LOVELL BLACKSHEAR. (Attachments: #1 Exhibit, #2 Envelope)(Coyne, Michelle) |
| Filing 1 APPLICATION to Proceed IFP by ROBERT DALE BAXTER, TONY LOVELL BLACKSHEAR, TOMMY DALE CLOER, JIMMY CARL FRICK, EDWARD EARL JONES, FRED A. JONES, EARL F. LOCKLEAR, JEREMY SCOTT SMITH, DAVID E. SPEARS, LARRY J. VANDYKE, GEORGE LARRY WISEMAN, SR, HOMER AVERY WOOD. (Coyne, Michelle) |
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