POLK v. STANLY COUNTY et al
| BRANDON CHRISHON POLK |
| STANLY COUNTY, STANLY COUNTY SHERIFFS OFFICE, J. CRISCO, D. HUNNEYCUTT, J. EFIRD, D. SELLS, D. MORGAN, D. CALLICUT, F. PORRAS and JOHN DOE |
| 1:2022cv00613 |
| August 1, 2022 |
| US District Court for the Middle District of North Carolina |
| THOMAS D SCHROEDER |
| JOE L WEBSTER |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 5
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 9/8/2022; 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 that the United States Marshal shall serve the complaint on the defendant(s). A copy of this Order shall be sent to the parties. (Sheets, Jamie)
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| Receipt of Funds in the amount of $ 15.00. Receipt Number: NCM058496. (Sheets, Jamie) |
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Filing 4
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 08/11/2022; that Plaintiff's Motion (Docket Entry #3 ) seeking extensions of deadlines is denied without prejudice to him seeking to extend future deadlines as they arise. FURTHER that Plaintiff 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 that, as a condition of Plaintiff's proceeding in forma pauperis, Plaintiff shall, within sixty (60) days after the date of this Order, submit to the Clerk an initial payment of $15.00 (which represents 20% of the greater of the average monthly deposits into or the balance in Plaintiff's account for the 6-month period immediately preceding filing of this complaint). FURTHER that, as a condition of Plaintiff's proceeding in forma pauperis, 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 September of 2022, and thereafter each time that the amount in the account exceeds $10.00 until the $350.00 filing fee has been paid. FURTHER that all payments deducted in relation to this case shall be designated as made in payment of the filing fee for Civil Action No. 1:22CV613, 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 that this action be filed, but that further proceedings and service procedures be stayed until Plaintiff has either (1) submitted to the Court the initial payment noted above, or (2) in the alternative has submitted 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 60-day period. FAILURE TO COMPLY WITH THIS ORDER IN A TIMELY MANNER WILL RESULT IN DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PLAINTIFF. (Bowers, Alexis)
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| CASE REFERRED for Screening (Butler, Carol) |
| Case Assigned to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOE L. WEBSTER. (Butler, Carol) |
| Filing 3 MOTION for an Extension of Time to Respond to Any Objections or Other Responses by BRANDON CHRISHON POLK. (Butler, Carol) |
| Filing 2 COMPLAINT against All Defendants, filed by BRANDON CHRISHON POLK.(Butler, Carol) |
| Filing 1 APPLICATION to Proceed IFP by BRANDON CHRISHON POLK. (Butler, Carol) |
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