HALL v. MCLAIN
| ADAM WADE HALL |
| JAMES MCCAIN and JAMES MCLAIN |
| 1:2022cv01009 |
| November 21, 2022 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| TEXT ORDER Denying without prejudice #7 Letter Motion for Request of Video Footage of Intake. It appears Plaintiff is requesting discovery; however, such request is premature and improper. An answer or responsive pleading is not yet due, has not been filed, nor has a scheduling order been issued. Furthermore, once discovery commences in this action, general discovery requests should not be filed with the Court, but rather served on the opposing party, unless ordered by the Court or filed in support of a motion. Plaintiff's motion is therefore denied without prejudice to being raised at the appropriate time and in the appropriate manner, if necessary. Issued by MAG/JUDGE JOE L. WEBSTER on 12/28/2022.(Lee, Pedra) |
| Motions Referred: RE: #7 MOTION, to MAG/JUDGE JOE L. WEBSTER (Winchester, Robin) |
| Filing 7 LETTER MOTION for Request of Footage of Intake on 5/24/2021 by ADAM WADE HALL. Response to Motion due by 1/12/2023. (Attachments: #1 Envelope - Front and Back) (Carter, Alexus) |
| Filing 6 Receipt Email Acknowledgement by NC Department of Public Safety. Date Receipt Received 12/5/2022. (Hicks, Samantha) |
| Filing 5 Notice of Right to Consent. (Attachments: #1 Consent Form) (Hicks, Samantha) |
| Filing 4 Notice of Lawsuit/Request for Waiver of Summons sent to NC Department of Public Safety. Waiver of Service due by 2/3/2023. (Attachments: #1 Proposed Waiver) (Hicks, Samantha) |
Filing 3
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 12/5/2022; 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 January of 2023, 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. 1:22CV1009, 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 prepare and file a request for waiver of service for Defendant and proceed under the process for service set out in Standing Order 19 of this Court. (Hicks, Samantha)
|
| Case Assigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Butler, Carol) |
| CASE REFERRED for Screening (Butler, Carol) |
| Filing 2 COMPLAINT against JAMES MCCAIN, filed by ADAM WADE HALL. (Attachments: #1 Cover Letter, #2 Envelope - Front and Back)(Butler, Carol) |
| Filing 1 APPLICATION to Proceed IFP by ADAM WADE HALL. (Butler, Carol) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
