Robinson et al v. McDowell County Detention Center
| Martin Ray Robinson, James Julius Lumpkin, David Kenneth Fowler, Ricky K. Capps, Joey O'Buckley, Alvin Lee Sisk, Brian Guzman, Jonathan L. Carver, William Eric Avery, Antonio M. Ager, Randy Louis Scott, Michael Kreidel, Jason McKinney, Timothy Thorne, Billy Vitatoe, Douglas Melton, Ruben Guzman, Marvin Randall Hensley, Melvin Wilson, Jonathan Schabilion, James Clark, John R. Gray, Malik Wiley, Roger Ward, Christopher A. McMahan, Andy Gibson, Dennis Bradley, Cody Buchanan, Anthony Riddle and Jamie Wyatt |
| McDowell County Detention Center |
| 1:2021cv00246 |
| September 13, 2021 |
| US District Court for the Western District of North Carolina |
| Asheville Office |
| Martin Reidinger |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 56
ORDER Waiving Initial Partial Filing Fee and Directing Monthly Payments be Made from Prison Account of Christopher A. McMahan. Directing correctional facility to transmit payments. Signed by the Clerk of Court on 11/2/2021. (Pro se litigant served by US Mail.) (rhf)
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Filing 55
ORDER Waiving Initial Partial Filing Fee and Directing Monthly Payments be Made from Prison Account of Ruben Guzman. Directing correctional facility to transmit payments. Signed by the Clerk of Court on 11/2/2021. (Pro se litigant served by US Mail.) (rhf)
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Filing 54
ORDER Waiving Initial Partial Filing Fee and Directing Monthly Payments be Made from Prison Account of William Eric Avery. Directing correctional facility to transmit payments. Signed by the Clerk of Court on 11/2/2021. (Pro se litigant served by US Mail.) (rhf)
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| Filing 53 AFFIDAVIT - 1983 Application IFP (Sealed - Participants) by Christopher A. McMahan. (Attachments: #1 Envelope) (rhf) |
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Filing 52
ORDER Waiving Initial Partial Filing Fee and Directing Monthly Payments be Made from Prison Account of David Kenneth Fowler and directing correctional facility to transmit payments. Signed by Clerk of Court on 10/28/2021. (Pro se litigant served by US Mail.) (rhf) Modified text on 10/28/2021 (rhf).
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| Filing 51 Prisoner Trust Fund Account Statement (Sealed - Court) by Ruben Guzman. (Attachments: #1 Envelope) (rhf) |
| Filing 50 AFFIDAVIT - 1983 Application IFP (Sealed - Participants) by Ruben Guzman. (Attachments: #1 Envelope) (rhf) |
| Filing 49 AFFIDAVIT - 1983 Application IFP (Sealed - Participants) of William Eric Avery (appears to be submitted on Avery's behalf by Martin Robinson per return address on envelope). (Attachments: #1 Envelope)(rhf) |
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Filing 48
ORDER Waiving Initial Partial Filing Fee and Directing Monthly Payments be Made from Prison Account of Antonio M. Ager. Directing correctional facility to transmit payments. Signed by the Clerk of Court on 10/27/2021. (Pro se litigant served by US Mail.) (hms)
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Filing 47
ORDER Waiving Initial Partial Filing Fee and Directing Monthly Payments be Made from Prison Account of John R. Gray. Directing correctional facility to transmit payments. Signed by the Clerk of Court on 10/27/2021. (Pro se litigant served by US Mail.) (hms)
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Filing 46
ORDER Waiving Initial Partial Filing Fee and Directing Monthly Payments be Made from Prison Account of Jonathan L. Carver. Directing correctional facility to transmit payments. Signed by the Clerk of Court on 10/27/2021. (Pro se litigant served by US Mail.) (hms)
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Filing 45
ORDER Waiving Initial Partial Filing Fee and Directing Monthly Payments be Made from Prison Account of James Julius Lumpkin. Directing correctional facility to transmit payments. Signed by the Clerk of Court on 10/27/2021. (Pro se litigant served by US Mail.) (hms)
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Filing 44
ORDER that Plaintiffs Wyatt, Buchanan, Gibson, Clark, Melton, Capps, Wiley, Fowler, Wilson, B. Guzman, and Sisk shall have 10 days from the date of this Order in which to update their addresses of record and inform the Court whether they intend to proceed with this action. If any of the listed Plaintiffs fail to do so, this case will be dismissed without prejudice and closed without further notice as to them. Signed by Chief Judge Martin Reidinger on 10/26/2021. (Pro se litigants served by US Mail.)(khm)
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| Filing 43 AFFIDAVIT - 1983 Application IFP (Sealed - Participants) by Antonio M. Ager. (Attachments: #1 Envelope) (rhf) |
| Filing 42 AFFIDAVIT - 1983 Application IFP (Sealed - Participants) by John R. Gray. (Attachments: #1 Envelope) (rhf) Modified text on 10/25/2021 (kby). Modified text on 10/27/2021 (hms). NEF regenerated. |
| Filing 41 DUPLICATE AFFIDAVIT - 1983 Application IFP (Sealed - Participants) by Martin Ray Robinson. Affidavit previously filed at DE #2 . (Attachments: #1 Envelope) (rhf) Modified text on 10/25/2021 (kby). |
| Filing 40 AFFIDAVIT - 1983 Application IFP (Sealed - Participants) by Jonathan L. Carver. (Attachments: #1 Envelope) (rhf) |
| Filing 39 Mail (Copies of Complaints, Affidavit Applications, Orders of Instructions, Notice of Deficiencies) addressed to McDowell County Detention Center, 593 Spaulding Rd. Marion, NC 28752 returned as undeliverable. MAIL WAS RETURNED FOR THE FOLLOWING PLAINTIFF'S: David Kenneth Fowler, Ricky K. Capps, Alvin Lee Sisk, Brian Guzman, Douglas Melton, Melvin Wilson, James Clark, Malik Wiley, Andy Gibson, Cody Buchanan, & Jamie Wyatt. (Attachments: #1 Individual Envelopes from shipping box, #2 Exhibit List of Inmates Released, #3 Shipping Box from Facility) (rhf) |
| Filing 38 AFFIDAVIT - 1983 Application IFP (Sealed - Participants) by James Julius Lumpkin. (Attachments: #1 Envelope) (rhf) |
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Filing 37
ORDER Waiving Initial Partial Filing Fee and Directing Monthly Payments be Made from Prison Account of Martin Ray Robinson. Directing correctional facility to transmit payments. Signed by the Clerk of Court on 10/21/2021. (Pro se litigant served by US Mail.)(hms)
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| Filing 36 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Marvin Randall Hensley. (Attachments: #1 Envelope)(rhf) |
| Filing 35 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Timothy Thorne. (Attachments: #1 Envelope)(rhf) |
| Filing 34 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Roger Ward. (Attachments: #1 Envelope)(rhf) |
| Filing 33 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Jamie Wyatt. (Attachments: #1 Envelope)(rhf) |
| Filing 32 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Dennis Bradley. (Attachments: #1 Envelope)(rhf) |
| Filing 31 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Cody Buchanan. (Attachments: #1 Envelope)(rhf) |
| Filing 30 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Anthony Riddle. (Attachments: #1 Envelope)(rhf) |
| Filing 29 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Malik Wiley. (Attachments: #1 Envelope)(rhf) |
| Filing 28 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of James Clark. (Attachments: #1 Envelope)(rhf) |
| Filing 27 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of John R. Gray. (Attachments: #1 Envelope)(rhf) |
| Filing 26 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Jonathan Schabilion. (Attachments: #1 Envelope)(rhf) |
| Filing 25 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Melvin Wilson. (Attachments: #1 Envelope)(rhf) |
| Filing 24 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Jason McKinney. (Attachments: #1 Envelope)(rhf) |
| Filing 23 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Michael Kreidel. (Attachments: #1 Envelope)(rhf) |
| Filing 22 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Antonio M. Ager. (Attachments: #1 Envelope)(rhf) |
| Filing 21 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of William Eric Avery. (Attachments: #1 Envelope)(rhf) |
| Filing 20 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Brian Guzman. (Attachments: #1 Envelope)(rhf) |
| Filing 19 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Jonathan L. Carver. (Attachments: #1 Envelope)(rhf) |
| Filing 18 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Andy Gibson. (Attachments: #1 Envelope)(rhf) |
| Filing 17 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Christopher A. McMahan. (Attachments: #1 Envelope)(rhf) |
| Filing 16 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Ruben Guzman. (Attachments: #1 Envelope)(rhf) (Main Document 16 replaced on 10/13/2021 with correct .PDF) (rhf). |
| Filing 15 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Billy Vitatoe. (Attachments: #1 Envelope)(rhf) |
| Filing 14 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Douglas Melton. (rhf) (Additional attachment(s) added on 10/13/2021: #1 Envelope) (rhf). |
| Filing 13 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Randy Louis Scott. (Attachments: #1 Envelope)(rhf) |
| Filing 12 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Alvin Lee Sisk. (Attachments: #1 Envelope)(rhf) |
| Filing 11 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of David Kenneth Fowler. (rhf) (Additional attachment(s) added on 10/13/2021: #1 Envelope) (ejb). |
| Filing 10 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Ricky K. Capps. (Attachments: #1 Envelope)(rhf) |
| Filing 9 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of James Julius Lumpkin. (Attachments: #1 Envelope)(rhf) |
| Filing 8 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Joey O'Buckley. (rhf) (Additional attachment(s) added on 10/13/2021: #1 Envelope) (ejb). |
| Filing 7 Prisoner Trust Fund Account Statement (Sealed - Court) submitted by McDowell County Detention Center on behalf of Martin Ray Robinson. (Attachments: #1 Envelope) (rhf) |
| Filing 6 NOTICE OF DEFICIENCY to each of the Pltfs James Julius Lumpkin, David Kenneth Fowler, Ricky K. Capps, Joey O'Buckley, Alvin Lee Sisk, Brian Guzman, Jonathan L. Carver, William Eric Avery, Antonio M. Ager, Randy Louis Scott, Michael Kreidel, Jason McKinney, Timothy Thorne, Billy Vitatoe, Douglas Melton, Ruben Guzman, Marvin Randall Hensley, Melvin Wilson, Jonathan Schabilion, James Clark, John R. Gray, Malik Wiley, Roger Ward, Christopher A. McMahan, Andy Gibson, Dennis Bradley, Cody Buchanan, Anthony Riddle, Jamie Wyatt regarding #1 Complaint, The filing fee of $402.00 was not received or application to proceed without payment of fees and affidavit was not submitted. Application or Fee due by 11/3/2021. (ejb) |
| Filing 5 Prisoner Admin Remedy Statement by Martin Ray Robinson. (Attachments: #1 Envelope) (ejb) |
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Filing 4
ORDER for Prisoner Trust Account Statement of Plaintiff(s). (Pro se litigant served by US Mail.) (hms) Modified text on 10/13/2021 (ejb).
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Filing 3
ORDER OF INSTRUCTIONS. Signed by Clerk, Frank G. Johns on 9/22/2021. (Pro se litigants served by US Mail.) (ejb)
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| Filing 2 AFFIDAVIT - 1983 Application IFP (Sealed - Participants) by Martin Ray Robinson. (Attachments: #1 Cover Letter, #2 Envelope) (ejb) |
| Filing 1 COMPLAINT against McDowell County Detention Center with Jury Demand, filed by Martin Ray Robinson, James Julius Lumpkin, David Kenneth Fowler, Ricky K. Capps, Joey O'Buckley, Alvin Lee Sisk, Brian Guzman, Jonathan L. Carver, William Eric Avery, Antonio M. Ager, Randy Louis Scott, Michael Kreidel, Jason McKinney, Timothy Thorne, Billy Vitatoe, Douglas Melton, Ruben Guzman, Marvin Randall Hensley, Melvin Wilson, Jonathan Schabilion, James Clark, John R. Gray, Malik Wiley, Roger Ward, Christopher A. McMahan, Andy Gibson, Dennis Bradley, Cody Buchanan, Anthony Riddle, Jamie Wyatt. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Cover Letter, #12 Envelope) (ejb) |
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