Rollins v. State of North Carolina Highway Patrol Officers
| Adam Roy Rollins |
| State of North Carolina Highway Patrol Officers, John Doe #1 and John Doe #2 |
| 1:2024cv00018 |
| January 19, 2024 |
| US District Court for the Western District of North Carolina |
| Asheville Office |
| Martin Reidinger |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.
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Filing 47
Second AMENDED COMPLAINT against John Doe #1, John Doe #2 filed by Adam Roy Rollins. (Attachments: #1 Envelope) (hms)
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Filing 46
ORDER denying without prejudice #44 Motion to Subpoena Documents. Granting #45 Motion to Amend. Plaintiff's Fourth Amendment excessive force claim against John Doe #2 passes initial review and Defendant John Doe #1 is hereby DISMISSED as a Defendant in this matter for Plaintiff's failure to state a claim for relief against him. Plaintiff shall identify Defendant John Doe #2. The Clerk is respectfully instructed to docket #45 -1 as Plaintiff's Second Amended Complaint.The Clerk is also instructed to mail the Plaintiff 2 blank Subpoenas Duces Tecum forms. Signed by Chief Judge Martin Reidinger on 3/18/2024. (Pro se litigant served by US Mail.) (hms)
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Filing 45
MOTION to Amend by Adam Roy Rollins. Responses due by 3/18/2024. (Attachments: #1 Proposed Amended Complaint, #2 Addition to Complaint, #3 Affidavit, #4 Envelope) (cly)
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Filing 44
MOTION to Subpoena Documents by Adam Roy Rollins. Responses due by 3/18/2024. (Attachments: #1 Proposed Subpoena to Henderson County Sheriff's Office, #2 Proposed Subpoena to Polk County Sheriff's Office, #3 Envelope) (cly)
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Filing 43
ORDER denying without prejudice #41 Motion to Amend/Correct and #42 Motion for Discovery. Signed by Chief Judge Martin Reidinger on 2/16/2024. (Pro se litigant served by US Mail.) (smm)
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Filing 42
MOTION for Discovery/Subpoena Documents by Adam Roy Rollins. (Attachments: #1 Envelope) (smm)
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Filing 41
MOTION to Amend/Correct #23 Amended Complaint, by Adam Roy Rollins. Responses due by 2/29/2024 (Attachments: #1 Envelope) (smm)
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Filing 40
NOTICE of Change of Address by Adam Roy Rollins. Plaintiff is still at Perry Correctional Institution, only his dorm and room number changed. (Attachments: #1 Envelope) (smm)
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Filing 39
ORDER Plaintiff's Fourth Amendment excessive force claim against John Doe #1 and John Doe #2 in their individual capacities passes initial review. All remaining claims are DISMISSED for Plaintiff's failure to state a claim for relief. Plaintiff shall identify Defendants John Doe #1 and John Doe #2 in accordance with the terms of this Order.The Clerk is instructed to mail 2 blank summonses to Plaintiff to fill out and identify the Defendants, and then return the summonses to the Court. Plaintiff is required to provide the necessary information for the U.S. Marshal to timely effectuate service on the Defendants. When the Court receives the summonses from Plaintiff, the Clerk shall direct the U.S. Marshal to effectuate service upon the Defendants. Signed by Chief Judge Martin Reidinger on 1/29/2024. (Pro se litigant served by US Mail.) (hms)
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Filing 38
NOTICE/Motion for Change of Address by Adam Roy Rollins. (Attachments: #1 Envelope) (cly)
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Filing 37
Letter/Motion to Check Status of Case from Adam Roy Rollins. (Attachments: #1 Envelope) (cly)
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Filing 36
Case transferred in from District of South Carolina; Case Number 7:23-cv-03658. Original electronic file and docket sheet received.
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Filing 34
***DOCUMENT MAILED #33 Order Adopting Report and Recommendation placed in U.S. Mail from Greenville Clerks Office to Adam Roy Rollins #345984, Perry Correctional Institution, RHU-BX1, 430 Oaklawn Road, Pelzer, SC 29669. (rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 33
ORDER ADOPTING #28 REPORT AND RECOMMENDATION The court ADOPTS the Report which is incorporated herein. This action is hereby TRANSFERRED to the Western District of North Carolina. Signed by Honorable Timothy M Cain on 1/19/24. (rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Pro Se Law Clerk Referral to PSLC: 1 (tlj)
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Standing Order of Instructions Regarding Pro Se Prisoner Civil Actions. Click on this link to retrieve the #Standing Order (Pro se litigant served by US Mail.)(tlj)
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Case assigned to Chief Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(tlj)
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Filing 31
NOTICE of Change of Address by Adam Roy Rollins to Perry Correctional Institution, RHU-BX1, 430 Oaklawn Road, Pelzer, SC 29669. (Attachments: #1 Envelope)(rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 30
Letter from Adam Roy Rollins regarding previously submitted evidence. (Attachments: #1 Envelope)(rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 29
***DOCUMENT MAILED #28 REPORT AND RECOMMENDATION re #23 Amended Complaint filed by Adam Roy Rollins, #1 Complaint, filed by Adam Roy Rollins placed in U.S. Mail from Greenville Clerks Office to Adam Roy Rollins #345984, Livesay Correctional Institution, Dorm #3, Rm#13-A, PO Box 580, Una, SC 29378. (rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 28
REPORT AND RECOMMENDATION Recommends that the District Court transfer this action to the Western District of North Carolina. Objections to R&R due by 12/5/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Jacquelyn D Austin on 11/21/23. (rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 25
MOTION to Transfer Case by Adam Roy Rollins. Response to Motion due by 11/30/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 23
AMENDED COMPLAINT against John Doe #1, John Doe #2, filed by Adam Roy Rollins. Service due by 2/14/2024. (Attachments: #1 Cover Letter, #2 Supporting Documents, #3 Affidavit, #4 Envelope)(rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 22
***DOCUMENT MAILED 20 Text Order on Motion for Leave to Proceed in forma pauperis, #19 Proper Form Order, #21 Order Regarding Amendment, summons, (1) USM-285 and blank amendment complaint form placed in U.S. Mail from Greenville Clerks Office to Adam Roy Rollins #345984, Livesay Correctional Institution, Dorm #3, Rm#13-A, PO Box 580, Una, SC 29378. (rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 21
ORDER REGARDING AMENDMENT Plaintiff is granted twenty-one (21) days to file an amended complaint. If Plaintiff fails to file an amended complaint this action will be recommended for summary dismissal. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 10/31/23. (rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 20
TEXT ORDER granting #8 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Jacquelyn D Austin on 10/31/23.(rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 19
FOURTH PROPER FORM ORDER As the Court has granted Plaintiff permission to proceed in forma pauperis, the agency having custody of Plaintiff shall collect payments from Plaintiff's prisoner trust account until the full $350 filing fee is paid. Case to be brought into proper form by 11/21/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 10/31/23. (rweb, ) Modified on 10/31/2023 (rweb, ). [Transferred from South Carolina on 1/19/2024.]
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Filing 17
Letter from Adam Roy Rollins explaining as to why he has not been able to provide the financial certificate per #11 and #15 proper form orders. (Attachments: #1 Envelope)(rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 16
***DOCUMENT MAILED #15 Third Proper Form Order and financial certificate placed in U.S. Mail from Greenville Clerks Office to Adam Roy Rollins #345984, Livesay Correctional Institution, Dorm #3, Rm#13-A, PO Box 580, Una, SC 29378. (rweb, )[Transferred from South Carolina on 1/19/2024.]
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Filing 15
THIRD PROPER FORM ORDER Case to be brought into proper form by 10/17/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 9/26/23. (rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 13
***DOCUMENT MAILED 12 Text Order on Motion for Extension of Time, #11 Second Proper Form Order and financial certificate placed in U.S. Mail from Greenville Clerks Office to Adam Roy Rollins #345984, Livesay Correctional Institution, Dorm #3, Rm#13-A, PO Box 580, Una, SC 29378. (rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 12
TEXT ORDER granting #10 Motion for Extension of Time to provide financial certificate. Signed by Magistrate Judge Jacquelyn D Austin on 8/28/23.(rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 11
SECOND PROPER FORM ORDER. Case to be brought into proper form by 9/18/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 8/28/23. (rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 10
MOTION for Extension of Time to provide financial certificate per proper form order #5 by Adam Roy Rollins. Response to Motion due by 9/7/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope) No proposed order. Motions referred to Jacquelyn D Austin.(rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 8
MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Adam Roy Rollins. Response to Motion due by 9/7/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope) No proposed order. Motions referred to Jacquelyn D Austin. (rweb, ) (Additional attachment(s) added on 10/20/2023 received 10/19/23: #2 Financial cert, #3 Cover letter, #4 Envelope) (pbri, ). [Transferred from South Carolina on 1/19/2024.]
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Filing 6
***DOCUMENT MAILED #5 Proper Form Order, IFP, financial certificate, summons, USM-285 and blank complaint form placed in U.S. Mail from Greenville Clerks Office to Adam Roy Rollins #345984, Livesay Correctional Institution, Dorm #3 rm#13-A, PO Box 580, Una, SC 29378. (rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 5
PROPER FORM ORDER. Case to be brought into proper form by 8/22/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 8/1/23. (rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 2
TRUE DIVISION FOR TRIAL: Spartanburg. (rweb, ) [Transferred from South Carolina on 1/19/2024.]
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Filing 1
COMPLAINT against State of North Carolina Highway Patrol Officers, filed by Adam Roy Rollins. Service due by 10/26/2023. (Attachments: #1 Medical Records, #2 Affidavit, #3 Envelope) (rweb, ) (Additional attachment(s) added on 8/24/2023: #4 Court issued complaint form, #5 Cover Letter, #6 Envelope) (rweb, ). [Transferred from South Carolina on 1/19/2024.]
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