Massey v. Hendley et al
| Quamaine Lee Massey and Quamaine Massey |
| FNU Hendley, Kizer Jr Morgon, FNU Stancil, FNU Lowery, Robert Barker, FNU Padgett, Curtis Tate and Morgan Kizer, Jr. |
| 1:2023cv00361 |
| December 21, 2023 |
| US District Court for the Western District of North Carolina |
| Kenneth D Bell |
| Frank D Whitney |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 17 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 3/7/2024 (brl) |
| Filing 15 REQUEST FOR WAIVER of Service sent to NC Department of Public Safety on 2/15/2024 as to defendants FNU Hendley. Waiver of Service due by 4/15/2024. (Attachments: #1 Proposed Waiver)(brl) |
Filing 14
ORDER that Plaintiff's Eighth Amendment excessive force claim against Hendley in his individual capacity survives initial review. IT IS FURTHERED ORDERED that all remaining claims are DISMISSED on initial review for Plaintiffs failure to state a claim for relief. See 28 U.S.C. 1915(e)(2), 1915A. IT IS FURTHER ORDERED that Defendants Kizer, Stancil, Lowery, and Barker are DISMISSED as Defendants in this matter. IT IS FURTHER ORDERED that Plaintiffs filing [Doc. 11] is hereby STRICKEN from the record in this matter. IT IS, THEREFORE, ORDERED that Clerk of Court shall commence the procedure for waiver of service as set forth in Local Civil Rule 4.3 for Defendant Hendley, who is alleged to be current or former employee of the North Carolina Department of Adult Corrections. Signed by District Judge Frank D. Whitney on 2/14/2024. (Pro se litigant served by US Mail.)(brl)
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| Filing 13 SECOND AMENDED COMPLAINT against FNU Hendley, Morgan Kizer, Jr., FNU Stancil, FNU Lowery, Robert Barker, filed by Quamaine Massey. (Attachments: #1 Envelope) (cly) |
| Case reassigned to District Judge Frank D. Whitney. District Judge Kenneth D. Bell no longer assigned to the case. This is your only notice - you will not receive a separate document. (maf) |
| Filing 12 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Quamaine Massey. (Attachments: #1 Grievance attachments, #2 Envelope) (cly) |
| Filing 11 **STRICKEN PER ORDER #14 ** Letter from Quamaine Lee Massey re: Participating in the WDNC Pro Se Settlement Assistance Program. (Attachments: #1 Envelope) (smm) Modified on 2/16/2024 (ams). |
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Filing 10
ORDER: Plaintiff's #1 Complaint is dismissed without prejudice; Plaintiff shall have thirty (30) days in which to amend his Complaint in accordance with the terms of this Order; Plaintiff's #7 Letter is stricken from the record in this matter; the Clerk is instructed to update the docket in this matter to reflect Defendant "Kizer Jr Morgon"s" name as Morgon Kizer, Jr.; and the Clerk is also instructed to mail Plaintiff a blank prisoner 1983 form. Amended Pleadings due by 2/28/2024. Signed by District Judge Kenneth D. Bell on 1/27/2024. (Pro se litigant served by US Mail.)(mek)
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Filing 9
ORDER Waiving Initial Partial Filing Fee and Directing Monthly Payments be Made from Prison Account of Quamaine Lee Massey. Directing correctional facility to transmit payments. Signed by the Clerk of Court on 1/24/2024. (Pro se litigant served by US Mail.) (smm)
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| Filing 8 Prisoner Trust Fund Account Statement filed by the NC Department of Public Safety Adult & Juvenile Facilities Administration as to Quamaine Lee Massey (Sealed - Court). (Attachments: #1 Envelope From NC Department of Adult Correction) (cly) |
| Filing 7 *STRICKEN per #10 Order* Letter from Quamaine Lee Massey re: Administrative Remedy Exhaustion. (Attachments: #1 Envelope) (smm) Modified on 1/29/2024 to note letter has been stricken (mek). |
| Filing 6 Prisoner Trust Fund Account Statement (Sealed - Court) by Quamaine Lee Massey. (Attachments: #1 Envelope) (cly) |
| Filing 5 Prisoner Admin Remedy Statement by Quamaine Lee Massey. (Attachments: #1 Summary of Information, Evidence, Statements, #2 Grievance Documents, #3 Envelope) (cly) |
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Filing 4
ORDER for Prisoner Trust Account Statement of Plaintiff. Signed by Clerk, Katherine Hord Simon. (Pro se litigant served by US Mail.) (smm)
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Standing Order of Instructions Regarding Pro Se Prisoner Civil Actions. Click on this link to retrieve the #Standing Order. Signed by District Judge Kenneth D. Bell on 12/27/2023. (Pro se litigant served by US Mail.) (smm)
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| Filing 3 Prisoner Trust Fund Account Statement (Sealed - Court) by Quamaine Lee Massey. (Attachments: #1 Envelope) (smm) |
| Filing 2 AFFIDAVIT - 1983 Application IFP (Sealed - Participants) by Quamaine Lee Massey. (Attachments: #1 Envelope) (smm) |
| Filing 1 COMPLAINT filed by Quamaine Lee Massey against Robert Barker, FNU Hendley, FNU Lowery, Kizer Jr Morgon, FNU Padgett, FNU Stancil, Curtis Tate. (Attachments: #1 Envelope) (smm) |
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