MILLER v. ISHEE et al
| DAVID HENRY MILLER and DAVID HENRY-MILLER |
| TODD E. ISHEE, EDDIE M. BUFFALOE, JR., HENRY NORDAN, SAMMY E. HEATON, STACEY HUNTLEY, SGT. NICOLESON, SERGEANT MR. BENDER, OFFICER MR. TAUSCHER, JAMES ADAMS, N.C. PRISONS MANAGMENT and DEPT. OF ADULT CORRECTION |
| 1:2023cv00194 |
| February 27, 2023 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| TEXT ORDER construing #13 Motion for Voluntary Dismissal by Plaintiff David Henry-Miller as a Notice of Voluntary Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1), and thus ordering the Clerk to terminate this civil matter. Further, the Clerk is instructed to send Plaintiff a copy of the Complaint and attached exhibits (Docket Entries 2, 2-1) along with this Order. Issued by MAG/JUDGE JOE L. WEBSTER on 4/3/2023. (Lee, Pedra) |
| Motions No Longer Submitted #13 MOTION to Dismiss to Judge Eagles (Winchester, Robin) |
| Motions Submitted: #13 MOTION to Dismiss to JUDGE CATHERINE C. EAGLES- (Winchester, Robin) |
| Motions Referred: RE: #13 MOTION to Dismiss to MAG/JUDGE JOE L. WEBSTER (Winchester, Robin) |
| Filing 13 MOTION For Voluntary Dismissal; and a (motion) for the U.S. District Court to (return) all plaintiff documents by DAVID HENRY-MILLER. Response to Motion due by 4/17/2023. (Attachments: #1 Envelope - Front and Back) (Bowers, Alexis) |
| Motions Referred: RE: #12 MOTION to Correct, to MAG/JUDGE JOE L. WEBSTER (Winchester, Robin) |
| Filing 12 MOTION for Correction by DAVID HENRY-MILLER. (Attachments: #1 Envelope - Front and Back) (Bowers, Alexis) |
| Motions Referred: RE: #11 MOTION for Extension of Time to MAG/JUDGE JOE L. WEBSTER (Winchester, Robin) |
| Filing 11 MOTION for Extension of Time by DAVID HENRY-MILLER. (Attachments: #1 Envelope - Front and Back)(Butler, Carol) |
| Filing 10 Notice of Mailing Recommendation. Objections to R&R due by 3/30/2023. Objections to R&R for Pro Se due by 4/3/2023. (Bowers, Alexis) |
| Filing 9 CORRECTED ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 03/16/2023, that the prior Order and Recommendation (Docket Entry #4 ) is withdrawn. IT IS FURTHER ORDERED that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. IT IS RECOMMENDED that the Complaint (Docket Entry #2 ) and any allegations or attempted amendments contained in Plaintiff's Letter Notices (Docket Entries #6 and #8 ) be dismissed sua sponte without prejudice to Plaintiff filing a new complaint, on the proper 1983 forms and the $402.00 filing fee, which corrects the defects cited above. (Bowers, Alexis) |
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 03/16/2023, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. (Bowers, Alexis)
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| Filing 8 LETTER NOTICE by DAVID HENRY-MILLER. (Attachments: #1 Envelope - Front and Back)(Butler, Carol) |
| Filing 7 Notice of Mailing Recommendation. Objections to R&R due by 3/22/2023. Objections to R&R for Pro Se due by 3/27/2023. (Butler, Carol) |
| Filing 6 LETTER NOTICE by DAVID HENRY-MILLER. (Attachments: #1 Envelope - Front and Back)(Butler, Carol) |
| Filing 5 Notice of Mailing Recommendation. Objections to R&R due by 3/21/2023. Objections to R&R for Pro Se due by 3/24/2023. (Bowers, Alexis) |
| Filing 4 WITHDRAWN ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 03/07/2023, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. IT IS RECOMMENDED that this action be filed and dismissed sua sponte without prejudice to Plaintiff filing a new complaint, on the proper 1983 forms and the $402.00 filing fee, which corrects the defects cited above. (Bowers, Alexis) Modified on 3/17/2023 to mark withdrawn per docket entry #9 (Bowers, Alexis). |
| WITHDRAWN ORDER signed by MAG/JUDGE JOE L. WEBSTER on 03/07/2023, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. (Bowers, Alexis) Modified on 3/17/2023 to mark withdrawn per docket entry #9 . (Bowers, Alexis). |
| CASE REFERRED for Screening (Butler, Carol) |
| Case Assigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Butler, Carol) |
| Filing 3 SUPPLEMENT re #2 Complaint by Plaintiff DAVID HENRY MILLER. (Butler, Carol) |
| Filing 2 COMPLAINT against All Defendants, filed by DAVID HENRY MILLER. (Attachments: #1 Attached Exhibits)(Butler, Carol) |
| Filing 1 APPLICATION to Proceed IFP by DAVID HENRY MILLER. (Butler, Carol) |
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