WEBSTER v. APPLE et al
| ROBERT ANTHONY WEBSTER |
| MIKE APPLE, K9 DOG and D. HOLLY |
| 1:2022cv01025 |
| November 28, 2022 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| LORETTA C BIGGS |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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TEXT ORDER granting in part and denying in part #8 Letter Motion, in that (A) Defendant Mike Apple is terminated as a Defendant in this case and the case shall proceed only against Defendant Officer Drew Holley, but (B) Plaintiff's request for court assistance in acquiring evidence is denied as premature, given that discovery has not commenced. Once discovery has commenced, Plaintiff must follow the discovery rules to attempt to acquire any evidence he believes he needs. The Court previously has mailed Plaintiff a summons form, which he must promptly (and properly) complete as to Defendant Officer Drew Holley and must return to the Clerk's Office (as previously directed in #7 Order). Failure by Plaintiff to comply with that directive shall result in the dismissal without prejudice of this action. Issued by MAG/JUDGE L. PATRICK AULD on 01/20/2023. (AULD, L.)
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Motion Referred: RE: #8 Letter - MOTION, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)
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Filing 8
LETTER MOTION by ROBERT ANTHONY WEBSTER. Response to Motion due by 2/7/2023. (Attachments: #1 Envelope - Front and Back) (Bowers, Alexis)
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Filing 7
ORDER signed by MAG/JUDGE L. PATRICK AULD on 01/09/2023, 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). IT IS FURTHER ORDERED that, upon return of the properly completed summons(es), the United States Marshal shall serve the complaint on the defendant(s). A copy of this Order shall be sent to the parties. (Bowers, Alexis)
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Receipt of Funds in the amount of $ 82.15. Receipt Number 664. (Bowers, Alexis)
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Receipt of Funds in the amount of $ 10.00. Receipt Number 665. (Bowers, Alexis)
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Filing 6
JUDGMENT signed by JUDGE LORETTA C. BIGGS on 01/05/2023, that Plaintiffs' claim against Defendant Mike Apple is allowed to proceed, but that his claim against Defendant Apple's dog is DISMISSED pursuant to 28 U.S.C. 1915A for failing to state a claim upon which relief may be granted. (Bowers, Alexis)
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CASE REFERRED RE: #3 RECOMMENDED RULING - MAGISTRATE JUDGE, to JUDGE LORETTA C. BIGGS. (Blay, Debbie)
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Filing 5
AMENDED COMPLAINT against defendant MIKE APPLE, D. HOLLY, filed by ROBERT ANTHONY WEBSTER. (Attachments: #1 Envelope - Front and Back)(Taylor, Abby)
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Filing 4
Notice of Mailing Recommendation. Objections to R&R due by 12/27/2022. Objections to R&R for Pro Se due by 12/30/2022. (Bowers, Alexis)
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Filing 3
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 12/12/2022, recommending that Plaintiff's claim against Defendant Apple be allowed to proceed, but that his claim against Defendant Apple's dog be dismissed pursuant to 28 U.S.C. 1915A for failing to state a claim upon which relief may be granted. IT IS ORDERED that in forma pauperis status be granted for the sole purpose of entering this Order and Recommendation. IT IS FURTHER ORDERED that within twenty (20) days from the date of this Order Plaintiff make an initial filing fee payment of $10.00. IT IS 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 January of 2023, and thereafter each time that the amount in the account exceeds $10.00 until the $350.00 filing fee has been paid. IT IS 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. 1:22CV1025, 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. IT IS 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. (Bowers, Alexis)
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ORDER signed by MAG/JUDGE L. PATRICK AULD on 12/12/2022, that in forma pauperis status be granted for the sole purpose ofentering this Order and Recommendation. (Bowers, Alexis)
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CASE REFERRED for Screening (Butler, Carol)
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Case Assigned to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Butler, Carol)
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Filing 2
COMPLAINT against All Defendants, filed by ROBERT ANTHONY WEBSTER. (Attachments: #1 Envelope - Front and Back)(Butler, Carol)
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Filing 1
APPLICATION to Proceed IFP by ROBERT ANTHONY WEBSTER. (Butler, Carol)
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