SMITH v. FORSYTH COUNTY SHERIFF DEPARTMENT et al
| MICHAEL SMITH and MICHAEL L. SMITH |
| FORSYTH COUNTY SHERIFF DEPARTMENT, BOBBY F. KIMBROUGH, ROCKY JOYNER, RICHARD CARLETON, BILLY WARREN, WELLPATH HEALTH CARE and ROBERT E. SLATER |
| 1:2021cv00610 |
| July 28, 2021 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| None |
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This docket was last retrieved on October 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 5 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES.(Winchester, Robin) |
| Filing 4 Notice of Mailing Recommendation. Objections to R&R due by 9/22/2021. Objections to R&R for Pro Se due by 9/27/2021. (Hicks, Samantha) |
Filing 3
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 9/8/2021; RECOMMENDED that Plaintiff's claims discussed above against Defendants Kimbrough, Rocky Joyner, Billy Warren, Richard Carleton, and Robert E. Slater be allowed to proceed, that the case be allowed to proceed against Defendant Wellpath only on the allegation that it returned symptomatic inmates to general population, and that the remainder of the claims in the Complaint be dismissed without prejudice pursuant to 28 U.S.C. 1915A for failing to state a claim upon which relief may be granted. ORDERED that in forma pauperis status be granted for the sole purpose of entering this Order and Recommendation. FURTHER ORDERED that within twenty (20) days from the date of this Order Plaintiff make an initial filing fee payment of $50.33. FURTHER ORDERED that Plaintiff's trust officer shall be directed to pay to the Clerk of this Court 20% of all deposits to his account starting with the month of October of 2021, and thereafter each time that the amount in the 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. 1:21CV610, 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 this action be filed, but that further proceedings and service of summons as to the remaining Defendants be stayed until Plaintiff either (1) submits to the Court the initial payment noted above, or (2) in the alternative submits a motion for relief from the stay, and a statement made under penalty of perjury that he has not had access to any funds for the initial payment noted above for the 20-day period. FAILURE TO COMPLY WITH THIS ORDER IN A TIMELY MANNER WILL RESULT IN DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PLAINTIFF. (Hicks, Samantha)
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ORDER granting #1 Motion for Application to Proceed IFP. Signed by MAG/JUDGE JOE L. WEBSTER on 9/8/2021. (Hicks, Samantha)
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| CASE REFERRED for Screening. (Hicks, Samantha) |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Hicks, Samantha) |
| Filing 2 COMPLAINT against All Defendants, filed by MICHAEL SMITH. (Attachments: #1 Envelope - Front and Back) (Hicks, Samantha) |
| Filing 1 APPLICATION to Proceed IFP by MICHAEL SMITH. (Hicks, Samantha) |
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