McNeill v. Jhonson et al
| James C. McNeill |
| FNU Jhonson, FNU Grahmn, Jhon Herring, Jackie Yang, FNU Lane, FNU White, Alfred Williams, William Horne and FNU Morrison |
| 3:2018cv00188 |
| April 12, 2018 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| Anson |
| Frank D. Whitney |
| Civil Rights |
| Prisoner Civil Rights |
| None |
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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
118
ORDER denying 113 Motion for Reconsideration ; denying 114 Motion for Reconsideration. Signed by Senior Judge Graham Mullen on 8/13/21. (Pro se litigant served by US Mail.)(clc)
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Filing
111
ORDER Pursuant to the Stipulation of Dismissal of Plaintiffs Claims (ECF Doc. 110), it is therefore Ordered that The Writ of Habeas Corpus ad Testificandum (ECF Doc. 99) is VACATED. All pending motions shall be DISMISSED AS MOOT. Signed by Senior Judge Graham Mullen on 6/10/2021. (Pro se litigant served by US Mail.)(eef)
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Filing
109
ORDER re 107 Pro Se Response to Order to Show Cause, which is construed as a renewed Motion to subpoena trial witnesses and it is GRANTED in part and DENIED in part as stated in this Order. Signed by Senior Judge Graham Mullen on 6/7/2021. (Pro se litigant served by US Mail.)(eef)
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Filing
101
ORDER that the Order requiring defense counsel to show cause why subpoenas should not be issued for inmates Grooms and Watford re: Doc. No. 100 Order on Motion for Writ is WITHDRAWN. Signed by Senior Judge Graham Mullen on 5/17/2021. (Pro se litigant served by US Mail.)(brl)
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Filing
99
ORDER that the Warden at the Polk Correctional Institutionmust transport Plaintiff James C. McNeill, so that he is present for trial to begin on Wednesday, June 16, 2021 at 10:00 a.m., and then return him to the Polk Correctional Institution at the conclusion of trial.. Signed by Senior Judge Graham Mullen on 4/30/2021. (Pro se litigant served by US Mail.)(eef)
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Filing
93
ORDER granting in part and denying in part Defendant's 92 Motion to be Excused from Attendance at the Judicial Settlement Conference. The request that a representative from any involved insurance carrier be excused fro m participating is GRANTED; and the request that Defendants Cedric Graham, Kariem Lane, and Susan Morrison be excused from personally participating in the March 17, 2021 settlement conference is DENIED. Signed by Magistrate Judge W. Carleton Metcalf on 3/9/2021. (Pro se litigant served by US Mail.)(kby)
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Filing
91
ORDER: A Judicial Settlement Conference has been set for 3/17/2021 at 01:00 PM in Chambers before Magistrate Judge W. Carleton Metcalf. Any request seeking permission to modify the terms of this Order shall be filed no later than March 8, 2021 or be subject to summary denial. Signed by Magistrate Judge W. Carleton Metcalf on 2/25/2021. (Pro se litigant served by US Mail.)(kby)
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Filing
88
Order that this matter is hereby CONTINUED from the 1/11/2021 mixed trial term. (Jury Trial is RESET for 5/10/2021 at 9:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger.) FURTHER ORDE RED that the 83 Writ of Habeas Corpus ad Testificandum Issued is VACATED and will be reissued at a later time. The Clerk of Court is respectfully directed to send a copy of this Order to all parties, the U.S. Marshal, and the Warden of the Polk Correctional Institution, Box 2500, Butner, NC 27509. Signed by Chief Judge Martin Reidinger on 12/18/2020. (Pro se litigant served by US Mail.) (ejb)
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Filing
81
ORDER that the parties shall notify the Court, within 30 days of this Order, whether they are requesting a judicial settlement conference. (Responses due by 11/23/2020). Signed by Chief Judge Martin Reidinger on 10/23/2020. (Pro se litigant served by US Mail.) (ejb)
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Filing
65
ORDER granting 36 & 37 Motion for Summary Judgment ; denying 44 Motion to Strike. The Clerk is respectfully instructed to use reasonable efforts to locate a volunteer lawyer to assist Plaintiff at trial pursuant to 3:19-mc-13. Signed by Chief Judge Frank D. Whitney on 2/3/2020. (Pro se litigant served by US Mail.)(eef)
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Filing
58
ORDER denying 33 Motion to Produce; denying 35 Motion to Compel; denying 40 Motion to Compel; denying 49 Motion to Compel; denying 52 Motion to Compel. Signed by Chief Judge Frank D. Whitney on 8/19/19. (Pro se litigant served by US Mail.)(clc)
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Filing
28
ORDER that Plaintiff shall within fourteen (14) days of this Order, file a Response showing cause why Defendant Johnson should not be dismissed from this action. Signed by Chief Judge Frank D. Whitney on 12/21/2018. (Pro se litigant served by US Mail.)(brl)
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Filing
21
ORDER that the U.S. Marshal shall file a Response within fourteen (14) days of this order informing the Court of the status of its efforts to serve Defendant Johnson. Signed by Chief Judge Frank D. Whitney on 11/20/2018. (Pro se litigant served by US Mail.)(brl)
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Filing
19
ORDER granting 18 Motion TO Deem Waiver of Service Filed as Timely as to Alfred Williams. The Court notes that NC DPS has provided several Defendants' full and correct names, which the Clerk of Court is instructed to correct in the record. The Clerk of Court is further instructed to terminate Defendants Horne and Herring as parties to this action. Signed by Chief Judge Frank D. Whitney on 10/29/2018. (Pro se litigant served by US Mail.)(brl)
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Filing
16
ORDER directing the U.S. Marshal to use reasonable efforts to locate and obtain service on Defendants Johnson and Yang at their home addresses. If the U.S. Marshal is unable to obtain service on Defendants Johnson and Yang, the U.S. Marshal shall inform the Court of the reasonable attempts to obtain service. Signed by Chief Judge Frank D. Whitney on 10/23/2018. (Pro se litigant served by US Mail.)(brl)
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Filing
10
ORDER Plaintiffs claims against Grahmn, Jhonson, Lane, Morrison, and Yang, for excessive force and failure to intervene, and against White and Williams for denial of due process survive initial review under 28 U.S.C. § 1 915. The remaining claims are dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff shall have 14 days in which to file a superseding Amended Complaint in accordance with this Order and all applicable rules and procedures. If Plaintiff fails to file an Amend Complaint within the time limit set by the Court, this action will proceed on the original Complaint, (Doc. No. 1). The Clerk is directed to mail a copy of the Complaint, (Doc. No. 1), and a new Section 1983 complaint form to P laintiff. 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 Grahmn, Jhonson, Lane, Morrison, White, Williams and Yang, who are current or former employees of NC DPS.. Signed by Chief Judge Frank D. Whitney on 8/13/18. (Pro se litigant served by US Mail.)(clc)
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