Martin v. Garrett et al
Plaintiff: Mary Martin
Defendant: Nakisha Garrett, Bianca Harris, North Carolina Department of Public Safety and FNU Thompkins
Case Number: 1:2017cv00350
Filed: December 22, 2017
Court: US District Court for the Western District of North Carolina
Office: Asheville Office
County: Buncombe
Presiding Judge: Dennis Howell
Presiding Judge: Max O. Cogburn
Nature of Suit: Civil Rights
Cause of Action: Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 19, 2021 Opinion or Order Filing 123 ORDER granting 116 Joint Motion to Seal Document. See order for further details. Signed by Magistrate Judge W. Carleton Metcalf on 7/19/2021. (Pro se litigant served by US Mail.) (rhf)
June 11, 2021 Opinion or Order Filing 107 ORDER regarding additional details for the virtual Judicial Settlement Conference re 99 Order setting virtual Judicial Settlement Conference ( Settlement Conference set for 6/22/2021 09:30 AM in Courtroom #1A, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David Keesler.) Signed by Magistrate Judge David Keesler on 6/11/21. ((mga)
June 1, 2021 Opinion or Order Filing 103 ORDER that the 102 Consent Motion to Toll Motions Deadline Pending Hearing is GRANTED, and the deadline to file motions is EXTENDED through and including June 7, 2021. Signed by Magistrate Judge W. Carleton Metcalf on 6/01/2021. (Pro se litigant served by US Mail.) (ejb)
May 5, 2021 Opinion or Order Filing 99 ORDER setting a virtual Judicial Settlement Conference for Tuesday, June 22, 2021 at 9:30 am. Signed by Magistrate Judge David Keesler on 5/4/21. (mga)
April 22, 2021 Opinion or Order Filing 96 ORDER that the Clerk is respectfully DIRECTED to set a hearing via video teleconference on the 95 Motion to Withdraw. Counsel for Thompkins is DIRECTED to use all reasonable efforts to provide Thompkins with notice of the h earing, as well as a copy of the Motion to Withdraw and this Order. Defendant Thompkins is ADVISED that her participation in the hearing is expected and that she may attend via video teleconference or, if video teleconferencing capability is unavailable to her, via telephone. Signed by Magistrate Judge W. Carleton Metcalf on 4/22/2021. (rhf)
March 5, 2021 Opinion or Order Filing 90 ORDER granting 89 Consent Motion for Leave to Depose Incarcerated Prisoners. Signed by Magistrate Judge W. Carleton Metcalf on 3/5/2021. (rhf)
January 11, 2021 Opinion or Order Filing 88 ORDER granting 87 Consent Motion for Leave to Depose Incarcerated Plaintiff. Signed by Magistrate Judge W. Carleton Metcalf on 1/11/2021. (rhf)
August 13, 2020 Opinion or Order Filing 85 ORDER denying Defendant's 77 Motion to Certify Order under 28 U.S.C. 1292(b) re: Order on Motion to Dismiss/Failure to State a Claim for Interlocutory Appeal. Signed by District Judge Max O. Cogburn, Jr. on 8/13/2020. (kby)
September 16, 2019 Opinion or Order Filing 64 ORDER re 57 Sealed Document: Plaintiffs letter is DENIED, without prejudice to Plaintiff to seek assistance directly from the North Carolina Department of Public Safety. Signed by District Judge Max O. Cogburn, Jr on 9/16/2019. (Pro se litigant served by US Mail.)(kby)
August 9, 2019 Opinion or Order Filing 56 ORDER that as discussed in the 8/05/2019 hearing held in this matter, defense counsel shall produce to the Court by 8/26/2019, the tolling agreement at issue to Deft's statute of limitations defense. Signed by District Judge Max O. Cogburn, Jr. on 08/09/2019. (Pro se litigant served by US Mail.) (ejb)
July 31, 2019 Opinion or Order Filing 54 ORDER denying Defts' 53 Motion to be excused from appearance at the 8/05/2019 Motion Hearing or alternatively to be permitted to attend by telephone. Signed by District Judge Max O. Cogburn, Jr. on 7/31/2019. (Pro se litigant served by US Mail.) (ejb)
February 5, 2019 Opinion or Order Filing 47 ORDER granting 41 MOTION to Withdraw as Attorney, and Atty Aaron Cole Mayer is removed as counsel of record for Pltf; directing Mr. Mayer serve copy of this Order upon Pltf and Receiver within 5 days of entry of this Order, and file notice of such service promptly thereafter; and extending Pltf's deadline to respond to Deft Wazan's 39 MOTION to Dismiss to and including 4/5/2019 (plus an additional 3 days if served by mail). Signed by Magistrate Judge W. Carleton Metcalf on 2/05/2019. (See Order for further details). (ejb)
January 17, 2019 Opinion or Order Filing 44 ORDER that attorney Aaron Mayer is DIRECTED to provide Plaintiff and Peyre Thomas Lumpkin with notice of the hearing that has been scheduled in this matter for January 31, 2019 and to provide each of them with a copy of this Order. Signed by Magistrate Judge W. Carleton Metcalf on 1/17/2019. (ejb)
August 10, 2018 Opinion or Order Filing 30 ORDER denying 28 Certification of Initial Attorneys Conference and Discovery Plan; and instructing parties to conduct another Initial Attorneys Conference once additional Deft has been served and filed an answer. Signed by Magistrate Judge Dennis Howell on 8/10/2018. (ejb)
April 23, 2018 Opinion or Order Filing 19 ORDER granting 13 Motion to Dismiss for Lack of Jurisdiction and Motion to Dismiss for Failure to State a Claim. Defendant North Carolina Department of Public Safety is TERMINATED as a party defendant to this action. Signed by District Judge Max O. Cogburn, Jr on 04/23/18. (emw)
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Plaintiff: Mary Martin
Represented By: Aaron Cole Mayer
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Defendant: Nakisha Garrett
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Defendant: Bianca Harris
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Defendant: North Carolina Department of Public Safety
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Defendant: FNU Thompkins
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