Michelson v. Duncan et al
| Christopher Lee Michelson |
| Van Duncan, Stephen Coon, Mark S. Gage, Ron Moore and Roger Theodore Smith |
| 1:2017cv00050 |
| February 16, 2017 |
| US District Court for the Western District of North Carolina |
| Asheville Office |
| Buncombe |
| Frank D. Whitney |
| Prisoner: Civil Rights |
| Prisoner Civil Rights |
| Plaintiff |
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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
240
ORDER denying 234 MOTION Under Federal Rules of Civil Procedure Rule 60(b)(Newly Discovered Evidence) by Christopher Lee Michelson; denying 236 MOTION for Records from the Buncombe County Detention Facility's Medical Department, and Mission Hospital by Christopher Lee Michelson. Signed by Chief Judge Martin Reidinger on 6/21/21. (Pro se litigant served by US Mail.) (hms)
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Filing
206
ORDER denying Pltf's 202 Motion for Ineffective Trial Counsel, 203 Motion for Rehearing, and 204 Additional Motion for Rehearing. Signed by Chief Judge Frank D. Whitney on 4/06/2020. (Pro se litigant served by US Mail.) (ejb)
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Filing
199
ORDER: Plaintiff's 196 Motion Contesting Filing Fee, is STRICKEN and, alternatively, DENIED. Signed by Chief Judge Frank D. Whitney on 3/14/2020. (maf)
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Filing
198
CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 3/09/2020. Signed by Clerk, Frank G. Johns. (ejb)
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Filing
190
ORDER that the 185 Amended Writ of Habeas Corpus ad Testificandum is VACATED. Signed by Chief Judge Frank D. Whitney on 2/25/2020. (kby)
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Filing
188
ORDER based solely on the filing of Defendant's 186 MOTION to Dismiss, the original trial date is DELAYED. If this case is not disposed based on the motion to dismiss, an alternate trial date on or about March 17, 2020 shall be set by future order. The Clerk of Court is respectfully DIRECTED to send a copy of this Order to all parties, the U.S. Marshal, and the Warden/Superintendent of the Buncombe County Detention Facility, 20 Davidson Dr., Asheville, NC 28801. Signed by Chief Judge Frank D. Whitney on 2/20/2020. (ejb)
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Filing
184
AMENDED ORDER that pretrial submission deadlines and rules set forth in the Court's prior 183 Order remain in effect. However, the trial date is being moved up by one day. Parties must be present for docket call and jury selection to take place at 9:00 AM on Monday, March 2, 2020 in Courtroom 1-1 of the Charles R. Jonas Federal Building, 401 W. Trade Street, Charlotte, NC. Signed by Chief Judge Frank D. Whitney on 2/05/2020. (ejb)
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Filing
183
ORDER that Plaintiff's 182 MOTION to Continue is GRANTED in part and DENIED in part as stated in this Order. Signed by Chief Judge Frank D. Whitney on 2/3/2020. (kby)
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Filing
179
ORDER: 1) The 166 Amended Writ of Habeas Corpus ad Testificandum is VACATED. 2) The Pretrial Conference set for 12/4/2019 and the Trial set for the term beginning 1/6/2020 are CONTINUED and will be rescheduled for dates to be determined in a future order. Signed by Chief Judge Frank D. Whitney on 12/2/2019. (maf)
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Filing
178
ORDER denying 171 Plaintiff's pro se "Motion Requesting that this Honorable Court Might Seek a Volunteer Lawyer to Assist Plaintiff at Trial Within Another Jurisdiction." Signed by Chief Judge Frank D. Whitney on 11/25/2019. (khm)
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Filing
177
Order STRIKING 175 Motion of Inquiry and 176 Motion for Reconsideration as Counsel for Plaintiff has not adopted Plaintiff's pro se filings. Motions are stricken as unauthorized pro se filings. Signed by Chief Judge Frank D. Whitney on 11/18/2019. (ni)
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Filing
173
ORDER denying 160 Motion Requesting Permission to Have Depositions Taken for Reasons to Follow. Signed by Chief Judge Frank D. Whitney on 10/18/2019. (Pro se litigant served by US Mail.) (ejb)
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Filing
167
ORDER granting Pltf's 154 Notice to Voluntarily Dismiss his Claims Against Deft Mike Lamb; denying Pltf's 156 Notice of Inquiry; and instructing Clerk of Court terminate this action as to Deft Lamb. Signed by Chief Judge Frank D. Whitney on 10/01/2019. (Pro se litigant served by US Mail.) (ejb)
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Filing
155
ORDER that Pltf's 154 NOTICE of Voluntary Dismissal of his claims against Defendant Mike Lamb, is construed as a Motion for Voluntary Dismissal of the action against Deft Lamb without prejudice pursuant to Rule 41(a)(2), to which Defts may respond within 20 days of this Order. ( Responses due by 7/10/2019 ). Signed by Chief Judge Frank D. Whitney on 6/20/2019. (Pro se litigant served by US Mail.) (ejb)
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Filing
151
ORDER (1) denying as moot Pltf's "Discovery Violation Inquiry," construed as a 122 MOTION to Stay this proceeding pending resolution of Fourth Circuit's interlocutory appeal; (2) denying Pltf's 146 Amended Complaint construed as a Motion to Amend/Proposed Fourth Amended Complaint; (3) denying Pltf's 123 , 130 , 131 , 137 , 138 , 148 Motions and Letters seeking reconsideration; (4) denying Pltf's 138 , 144 , 148 Motions and Letters seeking the appointment of counsel; (5) Clerk of Court instructed to use reasonable efforts to locate a volunteer lawyer to assist Pltf at trial pursuant to the Prisoner Assistance Program; and (6) Trial will be set by separate order. Signed by Chief Judge Frank D. Whitney on 5/31/2019. (Pro se litigant served by US Mail.) (ejb)
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Filing
117
ORDER instructing Pltf to direct his discovery requests to the appropriate party or parties in accordance with the applicable procedural rules and 46 Pretrial Order and Case Management Plan, re: Pltf's Letter docketed as a 116 Motion for Discovery. Signed by Chief Judge Frank D. Whitney on 10/17/2018. (Pro se litigant served by US Mail.) (ejb)
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Filing
110
ORDER denying 107 Plaintiff's Motion Presenting Existing Precedent to Qualified Immunity Entitlement Decision Motion and denying 108 Plaintiff's Motion to Reconsider the Court's Order of 9/18/18 Granting Defendant Gage's Motion to Dismiss, the Denial for Appointment of Counsel and Motion to Amend Agent Gage Back into the Complaint. Signed by Chief Judge Frank D. Whitney on 09/25/18. (Pro se litigant served by US Mail.)(emw)
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Filing
106
ORDER granting Pltf's 52 Motion to Withdraw his official capacity claim against Deft Gage and 74 "Motion for Certificate of Service for Previously Filed 'Memorandum for Appointment of Counsel'" in which he asks the Court to accept his signed certificate of service; granting Deft Gage's 42 Motion to Dismiss; and denying rest of Pltf's pending Motions 40 , 41 , 47 , 53 , 54 , 59 , 60 , 61 , 66 , 71 , 72 , 73 , 75 , 78 , 81 , 82 , 83 , 88 , 89 , 90 , 91 , 100 , 102 and 105 . Signed by Chief Judge Frank D. Whitney on 09/18/18. (Pro se litigant served by US Mail.) (emw)
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Filing
37
ORDER that Plaintiff's Motion for Additional Response 32 and Motion for Plaintiff's Third Response 34 are DENIED as premature. Plaintiff's Motion for Inquiry 35 is GRANTED as stated in this Order and Plaintiff's Motion to Declare Judgment by Default Against Defendant Mark Gage 36 is DENIED. Signed by Chief Judge Frank D. Whitney on 06/12/18. (Pro se litigant served by US Mail.)(emw)
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Filing
20
ORDER that 15 Amended Complaint, survives initial review under 28 U.S.C. §1915 with regards to Defts Gage, Coon, and Lamb. Clerk directed to mail summons forms to Pltf for Pltf to fill out and return for service of process on Defts. Once Court receives summons forms, Clerk shall direct U.S. Marshal to effectuate service on Defts. Signed by Chief Judge Frank D. Whitney on 2/26/2018. (Pro se litigant served by US Mail.) (ejb)
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Filing
12
ORDER denying 6 Motion for Reconsideration, however, this denial is with permission to refile his motion for leave to amend along with a proposed amended complaint in accordance with this Order. Signed by Chief Judge Frank D. Whitney on 07/20/17. (Pro se litigant served by US Mail.)(emw)
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Filing
4
CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 2/27/2017. Signed by Clerk, Frank G. Johns. (Pro se litigant served by US Mail.) (ejb)
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