Moore v. Lassiter et al
| Benson Moore |
| FNU Slater, FNU Ayscue, Norma Melton, FNU Hubett, Kenneth Lassiter, Jeffery Patane, FNU Grindstaff, Dora Plummer, FNU Williams, Tierra Catlett, FNU Shepard, J. Campbell, Mike Slagle, Joshua McKinney, John Doe 2, Valerie Johns, Kevin Chung, Joseph Valliere, Katy Poole, George Soleman, Charlotte Evans, FNU Davis, Kella Phillips, Trisha Jordan, Francis Labore, Robert Mask, John Doe 3, Dexter Gibbs, Brandon Barrier, Carol Bosholm, Ruth Long, Paula Smith, Melanie Alvarado, Jane Doe 1, Clarence Ellis, FNU Richardson and John Doe 1 |
| 1:2020cv00058 |
| February 24, 2020 |
| US District Court for the Western District of North Carolina |
| Frank D Whitney |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 14
ORDER OF INSTRUCTIONS. Signed by Frank G. Johns on 2/24/20. (Pro se litigant served by US Mail.)(rth)
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| Filing 13 Case transferred in from District of North Carolina Middle; Case Number 1:19-cv-00774. Original electronic file and docket sheet received. |
| Case assigned to Chief Judge Frank D. Whitney. (rth) |
| Pro Se Law Clerk Referral to PSLC: 2 (rth) |
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Filing 12
ORDER AND JUDGMENT signed by JUDGE CATHERINE C. EAGLES on 2/21/2020. The Court adopts the Magistrate Judge's Recommendation and the claims in the complaint related to the plaintiff's transfer from Piedmont Correctional Institution to Mountain Correctional Institution, violations of 18 U.S.C. 242, violations of "State Statute 735-40.7(5) and 90.22.21(A)," and alleged failures to comply with health service policies of the North Carolina Department of Public Safety are DISMISSED pursuant to 28 U.S.C. 1915A. All claims related to Defendants Paula Smith, Dora Plummer, George Solomon, Joseph Valliere, Katy Poole, Nurse Richardson, Carol Bosholm, Kevin Chung, Jane Doe #1, John Doe #1, Francis Labore, Melanie Alvardo, Ruth Long, Nurse Williams, Valerie Johns, Clarence Ellis, Doctor Davis, Charlotte Evans, John Doe #2, John Doe #3, Nurse Ayscue, Nurse Hubett, and Nurse John Doe #1 are DISMISSED pursuant to 28 U.S.C. 1915A. The remaining claims against defendants Kenneth Lassiter, Tierra Catlett, Trisha Jordan, Mike Slagle, Dexter Gibbs, Robert Mask, Norma Melton, Kella Phillips, Ms. Slater, Donald Grindstaff, Jeffrey Patane, Brandon Barrier, Sergeant Shepard, Joshua McKinney, or Nurse J. Campbell are not dismissed but are TRANSFERRED to the United States District Court for the Western District of North Carolina for all further proceedings. The plaintiff's motion to amend the complaint (Doc. #11 ) is DENIED without prejudice to it being raised in the Western District after transfer. (Daniel, J) [Transferred from North Carolina Middle on 2/24/2020.]
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| Case no longer referred to JUDGE CATHERINE C. EAGLES. (Daniel, J) [Transferred from North Carolina Middle on 2/24/2020.] |
| NOTICE of Manual Mailing #12 ORDER AND JUDGMENT in paper form from the Clerk's Office addressed to BENSON MOORE, #0584589, MOUNTAINVIEW CORRECTIONAL INSTITUTION, 545 AMITY PARK ROAD, SPRUCE PINE, NC 28777. (Daniel, J) [Transferred from North Carolina Middle on 2/24/2020.] |
| Civil Case Terminated. (Daniel, J) [Transferred from North Carolina Middle on 2/24/2020.] |
| Filing 11 MOTION to Amend/Update #2 Complaint, filed by BENSON MOORE. (Attachments: #1 Envelope - Front and Back) (Garland, Leah) [Transferred from North Carolina Middle on 2/24/2020.] |
| CASE REFERRED RE: #10 Objection to Recommended Ruling - Magistrate Judge, #8 RECOMMENDED RULING - MAGISTRATE JUDGE to JUDGE CATHERINE C. EAGLES (Sanders, Marlene) [Transferred from North Carolina Middle on 2/24/2020.] |
| Filing 10 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re #8 Recommended Ruling - Magistrate Judge, by Plaintiff BENSON MOORE. Response to Objections to R&R due by 2/12/2020. (Attachments: #1 Envelope - Front and Back)(Taylor, Abby)[Transferred from North Carolina Middle on 2/24/2020.] |
| Filing 9 Notice of Mailing Recommendation. Objections to R&R due by 1/23/2020. Objections to R&R for Pro Se due by 1/27/2020. (Hicks, Samantha) [Transferred from North Carolina Middle on 2/24/2020.] |
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Filing 8
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 01/09/2020; that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. IT IS RECOMMENDED that claims in the Complaint related to Plaintiff's transfer from Piedmont Correctional Institution to Mountain Correctional Institution, violations of 18 U.S.C. 242, violations of "State Statute 735-40.7(5) and 90.22.21(A)," and alleged failures to comply with health service policies of the North Carolina Department of Public Safety be dismissed pursuant to 28 U.S.C. 1915A for being frivolous or malicious or for failing to state a claim upon which relief may be granted. FURTHER RECOMMENDED that all claims related to Defendants Paula Smith, Dora Plummer, George Solomon, Joseph Valliere, Katy Poole, Nurse Richardson, Carol Bosholm, Kevin Chung, Jane Doe #1, John Doe #1, Francis Labore, Melanie Alvardo, Ruth Long, Nurse Williams, Valerie Johns, Clarence Ellis, Doctor Davis, Charlotte Evans, John Doe #2, John Doe #3, Nurse Ayscue, Nurse Hubett, and Nurse John Doe #1 be dismissed pursuant to 28 U.S.C. 1915A for being frivolous or malicious or for failing to state a claim upon which relief may be granted. FURTHER RECOMMENDED that this action not be dismissed as to any remaining claims against Defendants Kenneth Lassiter, Tierra Catlett, Trisha Jordan, Mike Slagle, Dexter Gibbs, Robert Mask, Norma Melton, Kella Phillips, Ms. Slater, Donald Grindstaff, Jeffrey Patane, Brandon Barrier, Sergeant Shepard, Joshua McKinney, or Nurse J. Campbell, but that the claims against them, which are the only claims remaining in the case, be transferred to the United States District Court for the Western District of North Carolina for all further proceedings. (Hicks, Samantha) [Transferred from North Carolina Middle on 2/24/2020.]
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| Case no longer referred for Screening. (Hicks, Samantha) [Transferred from North Carolina Middle on 2/24/2020.] |
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ORDER granting #1 Motion for Application to Proceed IFP. Signed by MAG/JUDGE L. PATRICK AULD on 01/09/2020. (Hicks, Samantha) [Transferred from North Carolina Middle on 2/24/2020.]
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| NOTICE of Manual Mailing re #8 RECOMMENDED RULING - MAGISTRATE JUDGE, #9 Notice of Mailing Recommendation, in paper form from the Clerk's Office to BENSON MOORE 0584589 MOUNTAINVIEW CORRECTIONAL INSTITUTION 545 AMITY PARK ROAD SPRUCE PINE, NC 28777. (Hicks, Samantha) [Transferred from North Carolina Middle on 2/24/2020.] |
| CASE REFERRED for Screening. (Garland, Leah) [Transferred from North Carolina Middle on 2/24/2020.] |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Garland, Leah) [Transferred from North Carolina Middle on 2/24/2020.] |
| Filing 7 MOTION entitled "Motion to overcome the Affidavit of Merit Requirement under the Common Knowledge Rule" filed by BENSON MOORE. (Garland, Leah) [Transferred from North Carolina Middle on 2/24/2020.] |
| Filing 6 MOTION to Appoint Counsel filed by BENSON MOORE. (Garland, Leah) [Transferred from North Carolina Middle on 2/24/2020.] |
| Filing 5 DECLARATION entitled "Declaration in support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction" filed by Plaintiff BENSON MOORE. (Garland, Leah) [Transferred from North Carolina Middle on 2/24/2020.] |
| Filing 4 MEMORANDUM entitled "Memorandum of Law in Support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction" filed by Plaintiff BENSON MOORE. (Garland, Leah) [Transferred from North Carolina Middle on 2/24/2020.] |
| Filing 3 MOTION entitled "Motion for a Preliminary Injunction and a Temporary Restraining Order" filed by BENSON MOORE. (Attachments: #1 Text of Proposed Order) (Garland, Leah) [Transferred from North Carolina Middle on 2/24/2020.] |
| Filing 2 COMPLAINT against All Defendants, filed by BENSON MOORE. (Attachments: #1 Envelope - Front and Back) (Garland, Leah) [Transferred from North Carolina Middle on 2/24/2020.] |
| Filing 1 APPLICATION to Proceed IFP by BENSON MOORE. (Garland, Leah) [Transferred from North Carolina Middle on 2/24/2020.] |
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