Caballero v. Boney et al
| Alfonzo Caballero |
| Phillip Boney, FNU Burke, FNU Heh, FNU Mack and FNU McIntosh |
| 3:2016cv00151 |
| March 29, 2016 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| Anson |
| Frank D. Whitney |
| Civil Rights |
| Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
55
CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 6/28/19. Signed by Clerk, Frank G. Johns. (Pro se litigant served by US Mail.)(clc)
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Filing
33
ORDER re 31 Response to Order to Show Cause. Plaintiffs Letter, (Doc. No. 31), is construed as a Motion for Voluntary Dismissal Without Prejudice, and is GRANTED as to Defendants Burke, Mack, McIntosh, Heh, and Boney. FNU Heh (Officer), FNU Mack (Officer), FNU McIntosh (Officer), Phillip Boney and FNU Burke (Officer) terminated. Signed by Chief Judge Frank D. Whitney on 2/11/19. (Pro se litigant served by US Mail.)(clc)
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Filing
27
ORDER that Plaintiff shall have ten (10) days from the date of this Order in which to either file a Notice providing additional information about Defendant Smith or file a Response to this Order showing cause for why he has fa iled to comply with the Courts Order of September 28, 2018. If Plaintiff fails to do so, Plaintiffs claims against Defendant Smith will be dismissed without further notice to Plaintiff. Signed by Chief Judge Frank D. Whitney on 10/11/18. (Pro se litigant served by US Mail.)(tob)
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Filing
23
ORDER that the U.S. Marshal shall use all reasonable efforts to locate and obtain service on Defendants Boney and Heh at their home addresses. If the U.S. Marshal is unable to obtain service on Defendants Boney and Heh, the U. S. Marshal shall inform the Court of the reasonable attempts to obtain service. Plaintiff is instructed to file a Notice within ten (10) days of this Order providing any and all information about FNU Smith to assist NC DPS to identify the individual against whom Plaintiff intends to proceed. Plaintiff is cautioned that failure to provide this information may result in dismissal of the claims against FNU Smith. NC DPS shall file, within 14 (fourteen) days of Plaintiffs Notice, a Waiver of Service or a Notice pursuant to LCvR 4.3(c)(2) for Defendant FNU Smith.. Signed by Chief Judge Frank D. Whitney on 9/28/18. (Pro se litigant served by US Mail.)(clc)
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Filing
14
ORDER Plaintiffs excessive force claim survives initial review with regards to Defendants Boney, Burke, Heh, Mack, McIntosh, Smith, and Holder, and the discrimination claim survives initial review as to Defendant Smith. The r emainder of the Complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). IT IS FURTHER ORDERED THAT the Clerk of Court shall commence the procedure for waiver of service as set forth in Local Rule 4.3 for Defendants Boney, Burke, Heh, Mack, McIntosh, Smith, and Holder, who are current or former employees of NC DPS.. Signed by Chief Judge Frank D. Whitney on 5/17/18. (Pro se litigant served by US Mail.)(clc)
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