McNeill v. Herring et al
| James C. McNeill |
| Jhon Herring, FNU Hinson, FNU Simmons, William Horne, FNU Allen, FNU Turgeon and FNU Kinney |
| 3:2018cv00189 |
| 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
106
CLERK'S JUDGMENT is hereby entered in accordance with the Jury Verdict dated 2/17/2022. Signed by Clerk, Frank G. Johns. (Pro se litigant served by US Mail.)(ef)
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Filing
102
ORDER that the authorities at Alexander Correctional Institution are requested to medically EVALUATE Mr. McNeill upon his return from the hospital. The authorities are further requested to ADVISE THE COURT by email whether Mr. McNeill is medically cleared for trial tomorrow. Finally, the authorities are ORDERED to TRANSMIT A COPY of Mr. McNeills hospital discharge papers by email as soon as practicable and no later than 10 am on February 17, 2022. Signed by Senior Judge Graham Mullen on 2/16/2022. (Pro se litigant served by US Mail.)(ef)
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Filing
96
ORDER that the Warden of Alexander Correctional Institution shall have inmate-witness Eddie Ellis available to testify by videoconferencing beginning at 1:00 pm on Monday, February 14 until the trial is in recess at the end of the day. Ellis shall also be available to testify by videoconferencing beginning at 10 am on Tuesday, February 15 until the trial concludes later in the day.1 This Order shall remain in effect until such time as the witness is excused by the Court.. Signed by Senior Judge Graham Mullen on 2/4/2022. (Pro se litigant served by US Mail.)(ef)
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Filing
95
ORDER that the Warden of Central Prison shall have inmate-witness Eddie Ellis available to testify by videoconferencing beginning at 1:00 pm on Monday, February 14 until the trial is in recess at the end of the day. Ellis shal l also be available to testify by videoconferencing beginning at 10 am on Tuesday, February 15 until the trial concludes later in the day. This Order shall remain in effect until such time as the witness is excused by the Court. Signed by Senior Judge Graham Mullen on 1/24/2022. (Pro se litigant served by US Mail.)(ef)
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Filing
94
ORDER that the Warden of Alexander Correctional Institution shall have inmate-witness Eddie Ellis available to testify by videoconferencing beginning at 1:00 pm on Monday, February 14 until the trial is in recess at the end of the day. Ellis shall also be available to testify by videoconferencing beginning at 10 am on Tuesday, February 15 until the trial concludes later in the day. This Order shall remain in effect until such time as the witness is excused by the Court. Signed by Senior Judge Graham Mullen on 1/13/2022. (Pro se litigant served by US Mail.)(ef)
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Filing
89
WRIT OF HABEAS CORPUS AD TESTIFICANDUM issued as to Plaintiff James C. McNeil. IT IS, THEREFORE, ORDERED that the Warden at the Alexander Correctional Institution must transport Plaintiff James C. McNeill, so that he is presen t for trial to begin on Monday, February 14, 2022 at 10:00 a.m., and then return him to the Alexander Correctional Institution at the conclusion of trial. Signed by Senior Judge Graham Mullen on 1/5/2022. (Pro se litigant served by US Mail.)(brl)
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Filing
88
ORDER comes before the Court on its own motion, ( Jury Trial RESET for 2/14/2022 10:00 AM in Courtroom #8, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Graham Mullen.). The Writ of Habeas Corpus Ad Testificandum for James C. McNeill (ECF No. 79) is VACATED. Signed by Senior Judge Graham Mullen on 1/4/2022. (Pro se litigant served by US Mail.)(ef)
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Filing
86
ORDER denying 85 Motion for Sanctions; denying 85 Motion for Extension of Time to File Response/Reply re: 73 MOTION in Limine . FURTHER ORDERED that the Clerk shall CALENDAR A TELEPHONIC HEARING for December 29, 2021, at 2 pm. Defendants shall MAKE ALL NECESSARY ARRANGEMENTS for Plaintiff to be present at the telephonic hearing. Signed by Senior Judge Graham Mullen on 12/14/2021. (Pro se litigant served by US Mail.)(ef)
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Filing
82
ORDER before the Court on its own motion re 81 Pro Se Letter, 80 Pro Se Letter. The Clerk shall SEND A COPY of the docket sheet in this civil action to Mr. McNeill, along with the Defendants pretrial filings (ECF No. 69 through ECF No. 77). The Clerk shall UPDATE the docket to reflect Mr. McNeills current mailing address at Alexander CI. FURTHER ORDERED that the Defendants are directed to ASCERTAIN THE STATUS of Mr. McNeills legal materials and his access to the same. Defendants shall FILE a written notice with the Court within ten (10) days. Signed by Senior Judge Graham Mullen on 11/9/2021. (Pro se litigant served by US Mail.)(ef)
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Filing
79
WRIT OF HABEAS CORPUS AD TESTIFICANDUM re James C. McNeill, offender number 0275601. The Warden at the Granville Correctional Institution must transport Plaintiff James C. McNeill, so that he is present for trial to begin on Monday, January 10, 2022 at 10:00 a.m., and then return him to the Granville Correctional Institution at the conclusion of trial. Signed by Senior Judge Graham Mullen on 11/2/2021. (Pro se litigant served by US Mail.)(ef)
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Filing
78
ORDER that the trial in this matter is CONTINUED to a date to be determined by separate order. The writ of habeas corpus ad testificandum (ECF No. 61) is VACATED. Signed by Senior Judge Graham Mullen on 10/26/2021. (Pro se litigant served by US Mail.)(ef)
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Filing
63
ORDER that, within five (5) days of this Order, counsel for Defendants shall comply with the August 6 and September 14, 2021 Orders, and file a Response explaining why sanctions should not be imposed. ( Responses due by 10/18/2021 ). Signed by Senior Judge Graham Mullen on 10/12/2021. (Pro se litigant served by US Mail.)(ef)
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Filing
62
PRETRIAL ORDER re: trial set for Monday, November 1, 2021, at 10:00 AM. Signed by Senior Judge Graham Mullen on 9/14/2021. (Pro se litigant served by US Mail.)(eef)
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Filing
59
ORDER that the 57 Motion (Captioned as Plaintiff's Request for a Preliminary Injunction, Temporary Restraining Order and Sanctions) is DENIED without prejudice. Signed by Chief Judge Martin Reidinger on 4/13/2021. (Pro se litigant served by US Mail.) (rhf)
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Filing
58
ORDER that the parties shall notify the Court within fourteen (14) days of this Order whether they consent to a judicial settlement conference in this matter. Signed by Magistrate Judge W. Carleton Metcalf on 4/12/2021. (Pro se litigant served by US Mail.) (khm)
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Filing
45
ORDER that the Clerk of Court will send a copy of this Order, Docket No. 1 Complaint, and Docket No. 17 Sealed Document to the U.S. Marshals Service. The U.S. Marshal shall use reasonable efforts to locate and obtain serv ice on Defts Hinson, Horne, or Turgeon in accordance with Rule 4. The Clerk is also respectfully instructed to update the docket in this matter to reflect the full names provided for Defts Hinson and Turgeon in Docket No. 17. Signed by Chief Judge Martin Reidinger on 9/11/2020. (Pro se litigant served by US Mail.)(ejb)
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Filing
43
ORDER that, within 5 days, counsel for Defts shall mail Pltf a copy of Defts' discovery responses in the case, including any documents produced therewith. FURTHER ORDERED Clerk shall mail Pltf a copy of 1 Complaint in t his matter. FURTHER ORDERED sua sponte that parties shall have an additional 14 days to file dispositive motions in this matter. (Dispositive Motions due by 9/22/2020.) Signed by Chief Judge Martin Reidinger on 9/02/2020. (Pro se litigant served by US Mail.)(ejb) Modified text on 9/2/2020 (ejb).
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Filing
29
CONSENT PROTECTIVE ORDER. Signed by Chief Judge Frank D. Whitney on 03/05/2020. (ctb)
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Filing
15
ORDER denying as premature 14 Motion to Compel. Signed by Chief Judge Frank D. Whitney on 3/20/19. (Pro se litigant served by US Mail.)(clc)
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Filing
11
ORDER that Plaintiffs action survives initial review under 28 U.S.C. § 1915(e) as to all named Defendants, except for Defendant Herring, who shall be dismissed and terminated as a Defendant. The Clerk of Court shall comme nce the procedure for waiver of service as set forth in Local Rule 4.3 for all Defendants, except for Defendant Herring, who shall be dismissed and terminated as a Defendant. Signed by Chief Judge Frank D. Whitney on 2/5/19. (Pro se litigant served by US Mail.)(clc)
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