NELSON v. ROCKINGHAM COUNTY et al
| MICHAEL PAUL NELSON |
| ROCKINGHAM COUNTY, Magistrate Carter, SHERIFF SAMUEL SCOTT PAGE, ROCKINGHAM COUNTY DETENTION CENTER, CITY OF MADISON, OFFICER KEITH BENFIELD, MPD and OFFICER MATTHEW MICHAEL, MPD |
| 1:2023cv00488 |
| June 20, 2023 |
| US District Court for the Middle District of North Carolina |
| JOI ELIZABETH PEAKE |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
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Motions Referred: RE: #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
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Filing 30
REPLY, filed by Defendants KEITH BENFIELD, MPD, CITY OF MADISON, MATTHEW MICHAEL, MPD, to Response to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KEITH BENFIELD, MPD, CITY OF MADISON, MATTHEW MICHAEL, MPD. (POSEY, RACHEL)
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Filing 29
RESPONSE in Opposition re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CITY OF MADISON, MATTHEW MICHAEL, MPD, KEITH BENFIELD, MPD, #26 Brief, filed by CITY OF MADISON, MATTHEW MICHAEL, MPD, KEITH BENFIELD, MPD filed by MICHAEL PAUL NELSON. Replies due by 8/14/2023 (SIMMONS, MONTY)
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Filing 28
Notice to Parties RE: SO30. (Attachments: #1 Consent Form). Response due 8/25/2023 - (Williamson, Wanda)
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Filing 27
ANSWER to Amended Complaint by SAMUEL SCOTT PAGE, ROCKINGHAM COUNTY. (FLANAGAN, PATRICK)
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Filing 26
BRIEF re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants KEITH BENFIELD, MPD, CITY OF MADISON, MATTHEW MICHAEL, MPD filed by KEITH BENFIELD, MPD, CITY OF MADISON, MATTHEW MICHAEL, MPD. (POSEY, RACHEL)
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Filing 25
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by KEITH BENFIELD, MPD, CITY OF MADISON, MATTHEW MICHAEL, MPD. Response to Motion due by 7/31/2023 (POSEY, RACHEL)
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Filing 24
ORDER granting Plaintiff's #18 Motion as to his alternative request for special appearance, and Attorney William Monty Simmons is admitted to practice in this case by Special Appearance under Local Rule 83.9(d), and the requirement of association with local counsel is waived. Attorney Simmons still remains as counsel for Plaintiff in this case following the transfer of the case from South Carolina, and any requests for accommodation for Plaintiff may be presented by Attorney Simmons. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/6/23.(Garrett, Kim)
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Filing 23
NOTICE of Attorney Appearance by attorney RACHEL GAIL POSEY on behalf of Defendants KEITH BENFIELD, MPD, CITY OF MADISON, MATTHEW MICHAEL, MPD (POSEY, RACHEL)
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Filing 22
Corporate Disclosure Statement. (HARTZOG, DAN)
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Filing 21
Corporate Disclosure Statement. (HARTZOG, DAN)
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Filing 20
Corporate Disclosure Statement. (HARTZOG, DAN)
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Filing 19
NOTICE of Attorney Appearance by attorney DAN MCCORD HARTZOG, JR on behalf of Defendants KEITH BENFIELD, MPD, CITY OF MADISON, MATTHEW MICHAEL, MPD (HARTZOG, DAN)
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Filing 18
NOTICE OF APPEARANCE AND NOTICE OF TERMINATION OF COUNSEL OF RECORD OR GRANTING SPECIAL APPEARANCE UNDER LOCAL RULE 83.9(d), filed by MICHAEL PAUL NELSON.(Taylor, Abby)
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Motions Referred: RE: #18 MOTION to Withdraw as Attorney MONTY SIMMONS, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
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Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOI ELIZABETH PEAKE. (Bowers, Alexis)
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CASE REFERRED to Standing Order 30. (Bowers, Alexis)
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Filing 17
Case transferred in from District of South Carolina; Case Number 4:23-cv-00704. Original file certified copy of transfer order and docket sheet received.
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Filing 14
TEXT ORDER: On June 6, 2023, Defendant Rockingham County and Defendant Sheriff Samuel Scott Page filed a Consent Motion to Transfer Venue to the Middle District of North Carolina, asserting that pursuant to Rules 12(b)(2) and 12(b)(3) of the Federal Rules of Civil Procedure, as well as 28 U.S.C. 1631 and 28 U.S.C. 1406(a), transfer of this litigation to that court is proper. (DE #12 .) Within the Motion, these Defendants note that all Defendants consent to this transfer, and Plaintiff does not oppose the Consent Motion. (DE #12 .) Accordingly, the Court grants the #12 Motion to Transfer Venue and orders that this action be transferred to the Middle District of North Carolina. As requested in the Motion, all Defendants have 21 days or the remainder of their original time to respond, whichever is longer, to further respond to Plaintiff's Complaint. The Court notes that currently pending is Plaintiff's Motion for Leave to Conduct Limited Expedited Discovery. (DE #10 .) Within Plaintiff's Motion, he seeks additional time to identify "Doe Defendants" and seeks an order authorizing Plaintiff to serve a third-party subpoena duces tecum to Rockingham County Detention Center. (DE #10 .) Because this case is being transferred to another court, Defendants' counsel is directed to file any such response to this Motion in the Middle District of North Carolina after this case is transferred to that district. Defendant Rockingham County and Defendant Sheriff Samuel Scott Page's #12 Consent Motion to Transfer Venue is granted. The case is hereby transferred to the United States District Court for the Middle District of North Carolina. Signed by Honorable Joseph Dawson, III on 6/20/2023.(prou, ) [Transferred from South Carolina on 6/20/2023.]
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Filing 12
Consent MOTION to Change Venue to Middle District of North Carolina by Samuel Scott Page, Rockingham County, Rockingham County Detention Center. Response to Motion due by 6/20/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Kaymani D West.(Racine, Russell) [Transferred from South Carolina on 6/20/2023.]
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Filing 11
DELETION OF DOCKET ENTRY NUMBER 11 Reason: Document was filed separately but should have an attachment to document #10. Corrected Filing Document Number #10 . (prou, ) [Transferred from South Carolina on 6/20/2023.]
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Filing 10
MOTION to Expedite Limited Discovery by Michael Paul Nelson. Response to Motion due by 6/7/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Proposed Order) Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to Kaymani D West. (Simmons, William). Modified on 5/25/2023 to add document which was filed separately but should have been filed as an attachment (prou, ). [Transferred from South Carolina on 6/20/2023.]
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Filing 8
SUMMONS Returned Executed by Michael Paul Nelson. All Defendants. (Attachments: #1 Summons)(Simmons, William) [Transferred from South Carolina on 6/20/2023.]
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Filing 7
AMENDED COMPLAINT against All Defendants, filed by Michael Paul Nelson. Service due by 8/21/2023 (Attachments: #1 Exhibit - Plaintiff's Clinical Psychologist Comments Regarding Legal Abuse Syndrome) (Simmons, William) Modified on 5/24/2023 to add description to exhibit (prou, ). [Transferred from South Carolina on 6/20/2023.]
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Filing 6
TEXT ORDER: On May 8, 2023, Attorney Russel M. Racine of Cranfill Sumner, LLP, filed a motion seeking leave to enter a limited appearance on behalf of Defendants City of Madison, Keith Benefield, and Matthew Michael (the "City Defendants"), for the purpose of moving the court for an enlargement of time to answer or otherwise respond to Plaintiff's Complaint. Counsel represents the current deadline for responding to the Complaint is May 9, 2023. For good cause shown, the Motion, ECF No. 5, is granted. The deadline to respond to the Complaint is now June 8, 2023. Signed by Magistrate Judge Kaymani D West on 5/9/2023.(prou, ) [Transferred from South Carolina on 6/20/2023.]
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Filing 5
MOTION for Extension of Time to File Answer re #1 Complaint, by Keith Benefield, Madison, City of, Matthew Michael. Response to Motion due by 5/22/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order PO Granting Extension to Answer)No proposed order.Motions referred to Kaymani D West.(Racine, Russell) [Transferred from South Carolina on 6/20/2023.]
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Filing 4
Summons Issued as to Keith Benefield, Magistrate Carter, Madison, City of, Matthew Michael, Samuel Scott Page, Rockingham County, Rockingham County Detention Center. (prou, ) [Transferred from South Carolina on 6/20/2023.]
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Filing 3
Local Rule 26.01 Answers to Interrogatories with jury demand by Michael Paul Nelson.(prou, ) [Transferred from South Carolina on 6/20/2023.]
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Filing 1
COMPLAINT against Keith Benefield, Magistrate Carter, Madison, City of, Matthew Michael, Samuel Scott Page, Rockingham County, Rockingham County Detention Center ( Filing fee $ 402 receipt number ASCDC-10954959.), filed by Michael Paul Nelson. Service due by 5/22/2023. (Attachments: #1 Letter from Desmon C. Mitchell, Ph.D.)(prou, ) [Transferred from South Carolina on 6/20/2023.]
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