October 19, 2020 |
Filing
57
ORDER that the jury trial set for 1/11/2021 is CANCELLED; the pending 48 & 54 MOTIONS are DENIED as moot; and the Clerk is instructed to terminate and close this action. Signed by Chief Judge Martin Reidinger on 10/19/2020. (Pro se litigant served by US Mail.) (ejb)
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September 22, 2020 |
Filing
52
REPORT OF JUDICIAL SETTLEMENT CONFERENCE: Agreement was reached as to all issues. Signed by Magistrate Judge W. Carleton Metcalf on 9/22/2020. (Pro se litigant served by US Mail.) (maf)
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September 21, 2020 |
Filing
51
ORDER granting in part and denying in part 50 Motion to Excuse Attendance of Named Defendants from Settlement Conference. See order for further details. Signed by Magistrate Judge W. Carleton Metcalf on 9/21/2020. (Pro se litigant served by US Mail.)(reh)
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September 3, 2020 |
Filing
45
ORDER Setting Judicial Settlement Conference. Signed by Magistrate Judge W. Carleton Metcalf on 9/3/2020. (Pro se litigant served by US Mail.)(khm)
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September 2, 2020 |
Filing
44
ORDER that Plaintiff's 42 and 43 "Motion[s] Omnibus" are GRANTED in part and DENIED in part as follows: Plaintiff's requests for the appointment of counsel and for waiver of the filing fee are DENIED; Plaintiff's request for a judicial settlement conference is GRANTED. The Clerk is instructed to refer this matter to Magistrate Judge William C. Metcalf and schedule a judicial settlement conference. FURTHER ORDERED that this matter is hereby scheduled for trial during the Court's January 11, 2021 mixed trial term. The parties will be advised at a later time of the precise trial date during that term. (Jury Trial set for 1/11/2021 at 9:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger.) (Pro se litigant served by US Mail.)(khm)
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July 22, 2020 |
Filing
41
ORDER that Defts' 32 Motion for Summary Judgment is GRANTED with respect to Pltf's claims against Defts in their official capacities and is DENIED with respect to the Pltf's other claims. Signed by Chief Judge Martin Reidinger on 7/22/2020. (Pro se litigant served by US Mail.) (ejb)
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October 25, 2019 |
Filing
39
ORDER: Plaintiff's 38 "Motion to Manually File of All Video" is DENIED without prejudice. Signed by Chief Judge Frank D. Whitney on 10/25/2019. (Pro se litigant served by US Mail.) (maf)
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October 8, 2019 |
Filing
36
ORDER granting Defts' 35 Motion to Manually file Video Exhibit in accordance with this Order. Signed by Chief Judge Frank D. Whitney on 10/07/2019. (Pro se litigant served by US Mail.) (ejb)
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November 27, 2018 |
Filing
22
ORDER granting Deft Kalinowski's 20 MOTION for Extension of Time to Answer or Otherwise Respond until 12/11/2018 re: 9 Amended Complaint; granting Defts Teresa Puett, George Bright and Robert Kalinowski's [21 ] MOTION for Extension of Time to Answer or Otherwise Respond re: 9 Amended Complaint; Defts Teresa Puett, George R. Bright and Robert L. Kalinowski's Answer due 12/26/2018; and Clerk of Court instructed to substitute parties' names as f ollows: Robert L. Kalinowski for FNU Kalinowski, George R. Bright for FNU Brigth and Teresa Puett for FNU Pruitt. Signed by Chief Judge Frank D. Whitney on 11/27/2018. (Names updated as instructed.) (Pro se litigant served by US Mail.) (ejb)
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October 16, 2018 |
Filing
17
ORDER granting NC Atty Gen's 14 MOTION to Deem Waiver of Service of Summons Timely Filed, and Atty Gen shall have up until 11/26/2018, to complete investigation into whether it will provide defense to Defts Bright and P uett and, if so, enter notice of appearance and file responsive pleading, (Notice of Appearance and Responsive Pleading due by 11/26/2018); USM shall use all reasonable efforts to locate and obtain service on Deft Kalinowski at his home address. Signed by Chief Judge Frank D. Whitney on 10/16/2018. (Clerk mailed copy of 9 Amended Complaint, 15 Sealed Notice, and this Order to USM as instructed, via email.) (Pro se litigant served by US Mail.) (ejb)
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May 29, 2018 |
Filing
11
ORDER that 9 Amended Complaint, survives initial review on Pltf's claim of excessive force/failure to intervene against Defts Pruitt, Brigth, and Kalinowski; remaining claims are dismissed pursuant to 28 U.S.C. § 1 915(e)(2)(B)(ii); and Clerk directed to commence procedure for waiver of service as set forth in LR 4.3 for Defts Pruitt, Brigth, and Kalinowski who are current or former employees of NC DPS. Signed by Chief Judge Frank D. Whitney on 5/28/2018. (Pro se litigant served by US Mail.)(ejb)
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April 27, 2018 |
Filing
8
ORDER dismissing 1 Complaint as facially insufficient pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Pltf has 14 days in which to file an Amended Complaint in accordance with this order and all applicable rules and procedu res. If Pltf fails to file an Amend Complaint in accordance with this Order, this action will be dismissed and closed without prejudice and without further notice to Pltf. (Amended Complaint due by 5/11/2018.) Signed by Chief Judge Frank D. Whitney on 4/27/2018. (Pro se litigant served by US Mail.)(ejb)
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