CARTER v. MWAMBA et al
| JEREMY CARTER |
| BARRY MWAMBA, SGT. MYRICK, OFC. JOHNSON, OFC. MCBRIDE and MICHAEL T. PARSONS |
| 1:2023cv00416 |
| May 19, 2023 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on July 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES.(Winchester, Robin) |
Filing 7
ORDER AND JUDGMENT signed by JUDGE CATHERINE C. EAGLES on 07/03/2023, that the plaintiff's individual capacity claims under 1983 based on excessive force and cruel and unusual punishment may proceed as to the defendants Mwamba, Myrick, Johnson, and McBride, that his individual capacity claim against the defendant Mwamba for assault and battery under North Carolina common law may proceed, and that the remainder of the claims, including all claims against the defendant Parsons, are DISMISSED pursuant to 28 U.S.C. 1915A for failing to state a claim upon which relief may be granted or for seeking damages from defendants who are immune from such relief. (Monroe, Brooke)
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| Filing 6 Notice of Mailing Recommendation. Objections to R&R due by 6/20/2023; Objections to R&R for Pro Se due by 6/23/2023 (Monroe, Brooke) |
| Filing 5 Notice of Right to Consent. (Attachments: #1 Consent Form)(Monroe, Brooke) |
| Filing 4 Notice of Lawsuit/Request for Waiver of Summons sent to NC Department of Public Safety. Waiver of Service due by 8/7/2023. (Attachments: #1 Proposed Waivers)(Monroe, Brooke) |
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Filing 3
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 06/06/2023, that Plaintiff's individual capacity claims under 1983 based on excessive force and cruel and unusual punishment be allowed to proceed as to Defendants Mwamba, Myrick, Johnson, and McBride, that his individual capacity claim against Defendant Mwamba for assault and battery under North Carolina common law be allowed to proceed, and that the remainder of the claims, including all claims against Defendant Parsons, be dismissed pursuant to 28 U.S.C. 1915A for failing to state a claim upon which relief may be granted or for seeking damages from Defendants who are immune from such relief. 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 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 July 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. 1:23CV416, 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 the Clerk shall prepare and file a request for waiver of service for Defendant Defendants Mwamba, Myrick, Johnson, and McBride and proceed under the process for service set out in Standing Order 19 of this Court. (Monroe, Brooke)
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| Receipt Email Acknowledgement by NC Department of Public Safety. Date Receipt Received 06/06/2023. (Monroe, Brooke) |
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ORDER signed by MAG/JUDGE L. PATRICK AULD on 06/06/2023, that in forma pauperis status be granted for the sole purpose of entering this Order and Recommendation. (Monroe, Brooke)
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| Case Assigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Butler, Carol) |
| CASE REFERRED for Screening (Butler, Carol) |
| Filing 2 COMPLAINT against All Defendants, filed by JEREMY CARTER. (Attachments: #1 Envelope - Front and Back)(Butler, Carol) |
| Filing 1 APPLICATION to Proceed IFP by JEREMY CARTER. (Butler, Carol) |
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