Battle v. NC Dept. of Public Safety - Prisons et al
Plaintiff: Kenneth Anthony Battle
Defendant: NC Dept. of Public Safety - Prisons, Gregory Taylor, Jason Penland, Mark Randall Geouge, Keith C. D'Amico, FNU Clark, FNU Porshia, FNU Hensley, FNU Pittman, FNU Watson, FNU Bailey, FNU Tate and FNU Quintero
Case Number: 1:2017cv00174
Filed: July 11, 2017
Court: US District Court for the Western District of North Carolina
Office: Asheville Office
County: Mitchell
Presiding Judge: Frank D. Whitney
Nature of Suit: Prison Condition
Cause of Action: Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 7, 2019 Opinion or Order Filing 94 ORDER: 1) Defendant William Jones' 49 Motion to Dismiss is GRANTED. 2) Defendant Gary Sobel's 71 Motion to Dismiss is GRANTED. 3) Defendant Keith D'Amico's 64 Motion for Summary Judgment is GRANTE D. 4) Plaintiff's 42 "Letter of Declaration," is construed as a Motion for Preliminary Injunction and is DENIED. 5) Plaintiff's 86 "Summons," is construed as a Motion to Compel Discovery and is DENIED. 6) Plainti ff's 70 Motion to Amend Complaint Adding Defendants is DENIED. 7) Plaintiff's 76 , 93 Motions for the Appointment of Counsel are DENIED. 8) Plaintiff's 86 Motion to Compel Discovery is DENIED. 9) The Clerk of Court is instructed to terminate this action as to Defendants Jones, Sobel, and D'Amico. Signed by Chief Judge Frank D. Whitney on 6/6/2019. (Pro se litigant served by US Mail.) (maf)
November 28, 2018 Opinion or Order Filing 45 ORDER that U.S. Marshal use all reasonable efforts to locate and obtain service on Deft Sobel. If U.S. Marshal unable to obtain service on Deft Sobel, U.S. Marshal shall inform Court of reasonable attempts to obtain service. C lerk of Court instructed to substitute parties' names as follows: Dr. Gary Sobel for "FNU Coble," Chad Clark for "FNU Clark," Landon Porshia for "FNU Porshia," Nicholas R. Hensley for "FNU Hensley," Robert Bruce Pittman for "FNU Pittman," James Brian Watson for "FNU Watson," Phillip Bailey for "FNU Bailey," Dean C. Walsh for "FNU Waltz," Bobby Tate for "FNU Tate," Isaac Quintero for "FNU Quintero, " Josh L. Crisp for "FNU Crisp," Pamela Chapman for "FNU Chapman," Thomas Bell for "FNU Bell," Michael W. Swink for "FNU Swink," Sheana Litaker for "S. Litaker." Clerk of Court instructed to mai l a copy of 14 Amended Complaint, 44 Sealed Notice, and this Order to U.S. Marshal. Signed by Chief Judge Frank D. Whitney on 11/27/2018. (Parties' names substitued as instructed.) (Pro se litigant served by US Mail.) (ejb)
September 26, 2018 Opinion or Order Filing 32 ORDER that the 14 Amended Complaint shall proceed against Defts Bailey, Bell, Clark, Coble, Crisp, DAmico, Geouge, Hall, Hensley, Jones, Litaker, Porshia, Quintero, Swink, Tate, Taylor, Thompson, and Waltz for deliberate ind ifference to a serious medical need; against Defts Bailey, Geouge, Hensley, and Porshia for retaliation; and against supervisor Defts Anderson, Beaver, Chapman, Glick, Penland, Pittman, Taylor, and Watson for failing to stop their subordinates' misconduct, survives initial review under 28 U.S.C. § 1915; remaining claims are dismissed pursuant to 28 U.S.C. § 1915(a)(2)(e)(ii); Motion for a Preliminary Injunction incorporated in the 14 Complaint is DENIED; Pltf's 20 "E mergency Preliminary Injunction and Restraining Order," is DENIED; Clerk of Court shall commence procedure for waiver of service as set forth in LR 4.3 for Defts Anderson, Beaver, Bell, Chapman, Coble, Crisp, Glick, Hall, Jones, Litaker, Penland , Quintero, Swink, Tate, Thompson, and Waltz, who are current or former employees of NC DPS; U.S. Marshal shall use all reasonable efforts to locate and obtain service on Deft Taylor, and if U.S. Marshal is unable to obtain service on Deft Taylor, U .S. Marshal shall inform the Court of reasonable attempts to obtain service. Clerk of Court is respectfully instructed to mail a copy of 14 Amended Complaint, 23 Sealed Notice containing Deft Taylor's last known address, and this Order to the U.S. Marshal. Signed by Chief Judge Frank D. Whitney on 9/26/2018. (Pro se litigant served by US Mail.) (ejb)
August 14, 2018 Opinion or Order Filing 24 ORDER that: (1) U.S. Marshal shall use all reasonable efforts to locate and obtain personal service on Defts Hensley, Geouge, and Taylor at Defts' home addresses. If U.S. Marshal is unable to obtain personal service on De fts Hensley, Geouge, and Taylor, U.S. Marshal shall inform the Court of the reasonable attempts to obtain service. Clerk respectfully instructed to mail a copy of the 1 Complaint, 23 Sealed Notice containing Defts' last known addresses, and this Order to U.S. Marshal. Signed by Chief Judge Frank D. Whitney on 8/14/2018. (Pro se litigant served by US Mail.) (ejb)
June 14, 2018 Opinion or Order Filing 11 ORDER that individual capacity claims against Defts Clark, Bailey, D'Amico, Geouge, Hensley, Pittman, Porshia, Taylor, and Watson, survive initial review under 28 U.S.C. § 1915; remaining claims are dismissed pursuan t to 28 U.S.C. § 1915(a)(2)(e)(ii) and (iii); Motion for a Preliminary Injunction incorporated in 1 Complaint is DENIED as moot; Pltf shall have 14 days in which to file a superseding Amended Complaint in accordance with this Order and all app licable rules and procedures, and if Pltf fails to file an Amend Complaint within time limit set by the Court, this action will proceed on the original 1 Complaint; and Clerk of Court shall commence procedure for waiver of service as set forth in L ocal Rule 4.3 for Defts Clark, Bailey, D'Amico, Geouge, Hensley, Pittman, Porshia, Taylor, and Watson, who are current or former employees of NC DPS. (Amended Complaint due by 6/29/2018). Signed by Chief Judge Frank D. Whitney on 6/14/2018. (Pro se litigant served by US Mail with copy of 1 Complaint, this Order, and a new Section 1983 complaint form to his address of record as well as at the Alexander C.I. as directed) (ejb)
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Search for this case: Battle v. NC Dept. of Public Safety - Prisons et al
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Plaintiff: Kenneth Anthony Battle
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Defendant: NC Dept. of Public Safety - Prisons
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Defendant: Gregory Taylor
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Defendant: Jason Penland
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Defendant: Mark Randall Geouge
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Defendant: Keith C. D'Amico
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Defendant: FNU Clark
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Defendant: FNU Porshia
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Defendant: FNU Hensley
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Defendant: FNU Pittman
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Defendant: FNU Watson
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Defendant: FNU Bailey
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Defendant: FNU Tate
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Defendant: FNU Quintero
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