WENDT v. ANDERSON et al
| SAMUEL CLEMENT WENDT |
| CAPTAIN FNU HARRIS, UM BROWN, ALAN LANNING, TCI WARDEN BULLARD, FNU SGT REEVES, FNU LOWERY, FNU HUSSEY, UM BREWER, MERCEDES FORDHAM, TODD ISHEE and BEN ANDERSON |
| 1:2024cv00853 |
| October 9, 2024 |
| US District Court for the Middle District of North Carolina |
| THOMAS D SCHROEDER |
| JOE L WEBSTER |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 3
ORDER 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 that, as a condition of Plaintiff's proceeding in forma pauperis, Plaintiff shall, within sixty (60) days after the date of this Order, submit to the Clerk an initial payment of $66.66 (which represents 20% of the greater of the average monthly deposits into or the balance in Plaintiff's account for the 6-month period immediately preceding filing of this complaint). FURTHER that, as a condition of Plaintiff's proceeding in forma pauperis, 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 2025, and thereafter each time that the amount in the account exceeds $10.00 until the $350.00 filing fee has been paid. FURTHER that all payments deducted in relation to this case shall be designated as made in payment of the filing fee for Civil Action No. 1:24CV853, 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 that this action be filed, but that further proceedings and service procedures be stayed until Plaintiff has either submitted to the Court the initial payment noted above, or (2) in the alternative has submitted 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 60-day period. FAILURE TO COMPLY WITH THIS ORDER IN A TIMELY MANNER WILL RESULT IN DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PLAINTIFF. Signed by MAG/JUDGE JOE L. WEBSTER on 11/26/24. (cb)
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ORDER granting #1 Motion for Application to Proceed IFP. Signed by MAG/JUDGE JOE L. WEBSTER on 11/26/24. See #3 .(cb)
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| CASE REFERRED for Screening (cb) |
| Case Assigned to JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOE L. WEBSTER. (cb) |
| Filing 2 COMPLAINT against All Defendants, filed by SAMUEL CLEMENT WENDT. (Attachments: #1 Envelope - Front and Back)(cb) |
| Filing 1 APPLICATION to Proceed IFP filed by SAMUEL CLEMENT WENDT. (cb) |
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