Evans v. Buffaloe et al
| George Reynold Evans |
| Eddie Buffaloe, Jr., Mike Slagle, Dexter Gibbs, Robert Mask, Kella Phillips and Kyle Wise |
| 1:2023cv00278 |
| September 29, 2023 |
| US District Court for the Western District of North Carolina |
| Asheville Office |
| Kenneth D Bell |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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| Filing 30 NOTICE of NCPLS Notice of Non-Representation by George Reynold Evans re #29 Scheduling Order, (Pollack, Lee) |
Filing 29
Pretrial Order and Case Management Plan: Pursuant to Standing Order 3-19-mc-60 the Court hereby appoints NC Prisoner Legal Services to conduct discovery on behalf of plaintiff. (NCPLS served by NEF). Motions to Amend & Join Parties due by 1/5/2024. Discovery Completion/NCPLS Response due by 3/15/2024. Dispositive Motions due by 4/15/2024. Signed by District Judge Kenneth D. Bell on 11/16/2023. (Pro se litigant served by US Mail.)(mek)
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| Filing 28 Response to Notice (Opt In) of assistance by NC Prisoner Legal Services Program during discovery by George Reynold Evans. (Attachments: #1 Envelope) (cly) |
| Filing 27 ANSWER to #22 Amended Complaint by Dexter Gibbs, Robert Mask, Kella Phillips, Mike Slagle, Kyle Wise.(Milholland, J.) |
| Filing 26 NOTICE to Plaintiff. You are hereby notified that NC Prisoner Legal Services may be available to assist you in conducting discovery. NCPLS Program Response due by 11/24/2023 (mek) |
| Filing 24 REQUEST FOR WAIVER of Service sent to NC Department of Public Safety on 11/2/2023 as to defendants Dexter Gibbs, Robert Mask, Kella Phillips, Mike Slagle, Kyle Wise. Waiver of Service due by 1/2/2024. (Attachments: #1 Waivers)(mek) |
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Filing 23
ORDER: All claims asserted in this matter as to all Defendants are DISMISSED for failure to state a claim, except for Plaintiff's First Amendment denial of access to the courts claim and Fourteenth Amendment equal protection claim, which are allowed to pass initial review in accordance with the terms of this Order; Defendant Buffaloe, Jr. is DISMISSED as a Defendant in this matter; the Clerk of Court shall commence the procedure for waiver of service as set forth in Local Civil Rule 4.3 for Defendants Slagle, Gibbs, Mask, Phillips, and Wise, who are alleged to be current or former employees of NCDAC. Signed by District Judge Kenneth D. Bell on 11/1/2023. (Pro se litigant served by US Mail.)(mek)
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| Filing 22 Pro Se AMENDED COMPLAINT against Eddie Buffaloe, Jr, Dexter Gibbs, Robert Mask, Kella Phillips, Mike Slagle, Kyle Wise, filed by George Reynold Evans. (Attachments: #1 Envelope)(mek) |
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Filing 21
ORDER granting Plaintiff's #15 Motion to Amend Complaint; and denying without prejudice Defendant's #8 Motion to Dismiss. Plaintiff shall file an Amended Complaint within thirty (30) days of this Order in accordance with the terms of this Order, or his Complaint may be dismissed without prejudice and without further notice to Plaintiff. The Clerk is instructed to mail Plaintiff a blank prisoner Section 1983 form. Signed by District Judge Kenneth D. Bell on 10/4/2023. (Pro se litigant served by US Mail.)(mek)
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| Set/Reset Deadlines: Amended 1983 Complaint due by 11/3/2023. (mek) |
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Filing 20
ORDER OF INSTRUCTIONS. Signed by Clerk, Katherine Simon on 9/29/23. (Pro se litigant served by US Mail.)(rth)
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| Filing 19 Case transferred in from District of North Carolina Eastern; Case Number 5:22-ct-03330. Original electronic file and docket sheet received. |
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Filing 18
ORDER - The court TRANSFERS the action to the United States District Court for the Western District of North Carolina where venue is proper. The court has not reviewed defendants' pending motion to dismiss or plaintiffs motion to amend, but the United States District Court for the Western District of North Carolina is better positioned to do so. Signed by Chief Judge Richard E. Myers II on 9/29/2023. Copy of order sent to plaintiff via US Mail. (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.]
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| Case assigned to District Judge Kenneth D. Bell. This is your only notice - you will not receive a separate document.(rth) |
| Pro Se Law Clerk Referral to PSLC: 1 (rth) |
| Filing 17 Letter from George Evans requesting status of case. (Attachments: #1 Envelope, #2 Response sent to plaintiff via US Mail.) (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Filing 16 Notice of Change of Address (Lumberton Correctional) filed by George Reynold Evans. (Attachment: #1 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Motions Submitted to Chief Judge Richard E. Myers II regarding #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #15 PLAINTIFF'S MOTION to Amendment AND PLAINTIFF'S RESPONSE to Defendant's Motion to Dismiss. (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Filing 15 PLAINTIFF'S MOTION to Amendment AND PLAINTIFF'S RESPONSE to Defendant's Motion to Dismiss filed by George Reynold Evans. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Filing 14 Declaration under penalty of perjury of George R. Evans filed by George Reynold Evans. (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Filing 13 PLAINTIFF'S RESPONSE in Opposition regarding #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by George Reynold Evans. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.] |
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Filing 12
ORDER granting #11 Motion for Extension of Time to File Response regarding #8 Motion to dismiss. Responses due by 1/9/2023. Signed by Peter A. Moore, Jr., Clerk of Court on 11/16/2022. Copy of order sent to plaintiff via US Mail. (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.]
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| Filing 11 MOTION for Extension of Time to File Response as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by George Reynold Evans. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #11 MOTION for Extension of Time to File Response/Reply as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Filing 10 Rule 12 Letter Issued to George Reynold Evans as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response due by 11/25/2022. Copy sent via US Mail. (Indig, A.) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Filing 9 Memorandum in Support regarding #1 Notice of Removal,,, filed by Eddie Buffalo, Dexter Gibbs, Robert Mask, Kella Phillips, Mike Slagle, Kyle Wise. (Attachments: #1 Exhibit Exhibit 1, Prior complaint with the same issue against the same defendant (Secretary of DPS) filed October 5, 2021, 5:22-CT-3046, DE-1-1., #2 Exhibit Exhibit 2, Prior complaint with same issues against same defendants (Secretary Buffaloe and Warden Slagle) filed April 18, 2022, as Wake County Superior Court 22CVS4374, removed at 5:22-CT-3294, DE-1-1.) (Milholland, John) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Eddie Buffalo, Dexter Gibbs, Robert Mask, Kella Phillips, Mike Slagle, Kyle Wise. (Milholland, John) [Transferred from North Carolina Eastern on 9/29/2023.] |
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Filing 7
ORDER - Plaintiff's motion (D.E. 6) is DENIED AS MOOT. Should plaintiff seek a temporary restraining order and preliminary injunction, he is DIRECTED to file any such motion in the instant action. Signed by Chief Judge Richard E. Myers II on 9/27/2022. Copy of order sent to plaintiff via US Mail. (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.]
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| Filing 6 MOTION to allow service through the Attorney General and to include Exhibit A in the filing filed by George Reynold Evans. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Cover Letter, #4 Envelope) (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Motion Submitted to Chief Judge Richard E. Myers II regarding #6 MOTION to allow service through the Attorney General and to include Exhibit A in the filing. (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.] |
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Filing 5
ORDER granting #3 Motion for Extension of Time to Answer. It is hereby ORDERED that Defendants shall have up to and including November 6, 2022 in which to respond to answer or otherwise reply to Plaintiff's Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 9/1/2022. Copy of order sent to plaintiff via US Mail. (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.]
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| Filing 4 Notice of Appearance filed by John Locke Milholland, IV on behalf of All Defendants. (Milholland, John) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Filing 3 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal,,, filed by Eddie Buffalo, Dexter Gibbs, Robert Mask, Kella Phillips, Mike Slagle, Kyle Wise. (Attachments: #1 Text of Proposed Order) (Milholland, John)[Transferred from North Carolina Eastern on 9/29/2023.] |
| Filing 2 Letter regarding case opening sent to plaintiff via US Mail. (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #3 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal,,, . (Lopez, R.) [Transferred from North Carolina Eastern on 9/29/2023.] |
| Filing 1 NOTICE OF REMOVAL by Kyle Wise, Robert Mask, Dexter Gibbs, Mike Slagle, Kella Phillips from Wake County Superior Court, case number 22CVS4586. ( Filing fee $ 402 receipt number ANCEDC-6703032), filed by Kyle Wise, Robert Mask, Dexter Gibbs, Mike Slagle, Kella Phillips. (Attachments: #1 Exhibit Complaint, #2 Exhibit NC General Civil Action Cover Sheet, #3 Exhibit Summons Eddie Buffaloe, #4 Exhibit Summons Slagle, #5 Exhibit Summons Gibbs, #6 Exhibit Summons Mask, #7 Exhibit Summons Phillips, #8 Exhibit Summons Wise, #9 Exhibit Buffaloe service Members, #10 Supplement, #11 Exhibit Gibbs Service members, #12 Exhibit Phillips Service Members, #13 Exhibit Wise Service Members, #14 Exhibit Plaintiff's order to proceed as indigent, #15 Exhibit Federal General Cover Sheet, #16 Exhibit Federal Supplemental Removal Cover Sheet) (Milholland, John) [Transferred from North Carolina Eastern on 9/29/2023.] |
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