Lewis et al v. NC Department of Public Safety/Division of Prisons et al
| Brian K. Lewis, Jamie R. Spake and Dana A. Shedd |
| NC Department of Public Safety/Division of Prisons, David W. Guice, Frank L. Perry, Paula Y. Smith, Sandra Pittman, Norma Melton, Mike Slagle, Mike Ball, Robert J. Uhren, Keith C. D'Amico, John Doe and Jane Doe A-Z |
| 1:2015cv00284 |
| December 21, 2015 |
| U.S. District Court for the Western District of North Carolina |
| Asheville Office |
| Mitchell |
| Frank D. Whitney |
| Civil Rights |
| Prisoner Civil Rights |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
108
CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 1/11/2019. Signed by Clerk, Frank G. Johns. (Pro se litigant served by US Mail.) (ejb)
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Filing
90
ORDER granting Defts' 87 , 88 & 89 MOTIONS for Extension of Time of Scheduling Order Deadlines Regarding Filing of Dispositive Motions. Dispositive Motions due by 11/20/2018. Signed by Chief Judge Frank D. Whitney on 9/18/2018. (Pro se litigant served by US Mail.) (ejb)
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Filing
84
ORDER that Plaintiff Lewis's pro se 76 Response, construed as a Motion for Voluntary Dismissal, is GRANTED; and 62 Defendant Uhren's and 81 Defendant DAmico's Motions for Summary Judgment are DENIED as moot. Signed by Chief Judge Frank D. Whitney on 6/12/2018. (Pro se litigant served by US Mail.)(khm)
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Filing
80
ORDER that: Pltf Lewis shall file Objections within 10 days of this Order if he does not want the Court to construe his 76 Response to Motion, as a motion to voluntarily dismiss his entire case pursuant to Rule 41. Failure to do so will result in termination and closure of Pltf Lewis' case. Defts may respond to Pltf Lewis' motion for voluntary dismissal without prejudice within 20 days of this Order. (Pltf Lewis' Objections due by 5/7/2018 plus an additional 3 days if served by mail). Signed by Chief Judge Frank D. Whitney on 4/26/2018. (Pro se litigants served by US Mail.) (ejb)
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Filing
78
CONSENT PROTECTIVE ORDER re: Release of Department of Public Safety Files. Signed by Chief Judge Frank D. Whitney on 4/24/2018. (Pro se litigant served by US Mail.) (ejb)
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Filing
47
ORDER that: (1) Pltfs' claims of deliberate indifference, violations of the ADA and RA survive initial review under 28 U.S.C. § 1915, and Court will exercise supplemental jurisdiction over Pltfs' State law clai ms; (2) Pltfs' claims on behalf of others, claims against NC Dept of Public Safety, and claims against John and Jane Doe Defts are dismissed; (3) Pltf Spake's motion for mandatory preliminary injunction that is incorporated in the Amended C omplaint is DENIED as moot; (4) Pltf Lewis' motion for mandatory preliminary injunction that is incorporated in the Amended Complaint is DENIED; (5) Pltf Lewis' 43 and 44 Motions for Extension of Time and for Discovery are denied as moo t; (6) FURTHER ORDERED THAT Clerk is directed to mail summons forms to Pltfs to fill out and return for service of process on Defts David W. Guice, Frank L. Perry, Paula Y. Smith, Sandra Pittman, Norma Melton, Mike Slagle, Mike Ball, Robert Uhren, and Keith C. DAmico. Once Court receives summons forms, Clerk shall then direct U.S. Marshal to effectuate service on Defts. Signed by Chief Judge Frank D. Whitney on 1/04/2018. (Pro se litigant served by US Mail.) (ejb)
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Filing
38
ORDER denying as premature Pltfs' 37 Motion to Demand Service of Process; directing the Clerk of Court to provide copies of this Order and the 12 Amended Complaint, to the N.C. Office of the Attorney General, Civil Division; Counsel shall SHOW CAUSE within 21 days of this Order why injunctive relief should not be granted in Pltfs' favor. (see Order for further details.) Signed by Chief Judge Frank D. Whitney on 9/29/2017. (Pro se litigant served by US Mail.) (ejb)
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Filing
36
ORDER denying 35 Plaintiff's Motion for Reconsideration. Signed by Chief Judge Frank D. Whitney on 07/05/2017. (Pro se litigant served by US Mail.)(thh)
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Filing
32
ORDER denying 31 Motion to Certify Class; denying without prejudice 31 Motion to Appoint Counsel ; denying 31 Motion for Reconsideration ; denying without prejudice 22 Motion to Appoint Counsel ; denying 22 Motion to challenge muliple filing fees. Signed by Chief Judge Frank D. Whitney on 12/22/16. (Pro se litigant served by US Mail.)(clc)
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Filing
28
ORDER dismissing as moot Pltfs' 8 Motion for Extension of Time; and denying without prejudice Pltfs' 9 Motion for Reconsideration of Motion for appointment of counsel. Signed by Chief Judge Frank D. Whitney on 7/21/16. (Pro se litigant served by US Mail.) (ejb)
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