Lomick v. Beaver et al
Plaintiff: James W. Lomick
Defendant: Ken Beaver and Jane Doe
Case Number: 5:2018cv00057
Filed: April 2, 2018
Court: US District Court for the Western District of North Carolina
Office: Statesville Office
County: Alexander
Presiding Judge: Frank D. Whitney
Nature of Suit: Prisoner: Civil Rights
Cause of Action: Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 9, 2021 Opinion or Order Filing 110 ORDER that the 106 Writ of Habeas Corpus ad Testificandum issued on 9/22/2021 in this matter is VACATED. Plaintiff's presence is no longer required. Signed by Chief Judge Martin Reidinger on 11/9/2021. (kby)
November 5, 2021 Opinion or Order Filing 108 ORDER that the parties shall file the material terms of their settlement, under seal, in accordance with this Order no later than Monday, November 8, 2021, or this matter shall remain for trial as set. Signed by Chief Judge Martin Reidinger on 11/5/2021. (khm) Modified text on 11/5/2021. (khm)
February 25, 2021 Opinion or Order Filing 101 ORDER granting Defts' 100 Motion to Excuse Defendants Attendance at Settlement Conference, or Alternatively, Reschedule Settlement Conference, and Defts Ken Beaver, Robert David Mitchell, George T. Solomon, and Maranda Mims are EXCUSED from personally participating in the 3/3/2021 judicial settlement conference. Signed by Magistrate Judge W. Carleton Metcalf on 2/25/2021. (ejb)
February 18, 2021 Opinion or Order Filing 99 ORDER: A judicial settlement conference is set for 3/3/2021 beginning at 1:00 p.m. The conference will be conducted by telephone. Call-in information will be provided to the parties by separate communication. Any request seeking permission to modify the terms of this Order shall be filed no later than 2/24/2021 or be subject to summary denial. Signed by Magistrate Judge W. Carleton Metcalf on 2/18/2021. (khm)
February 1, 2021 Opinion or Order Filing 93 ORDER that the parties shall notify the Court within ten (10) days of this Order whether they consent to a judicial settlement conference in this matter. (Response due by 2/11/2021.) Signed by Chief Judge Martin Reidinger on 2/1/2021. (Pro se litigant served by US Mail.)(khm)
October 14, 2020 Opinion or Order Filing 89 ORDER that Pltf shall have 30 days from this Order to respond inaccordance with terms of this Order, certifying under oath or penalty of perjury that his previously submitted statements (Docs 81 & 88 ) are true of his perso nal knowledge (or identifying such portions thereof as to which he can so attest). Pltf's failure to so respond 30 days may result in the granting of Defts' Motion fo r Summary Judgment and the dismissal of this action without further notice. ( Pltf's Response due by 11/13/2020 ). Signed by Chief Judge Martin Reidinger on 10/13/2020. (Pro se litigant served by US Mail.) (ejb)
September 9, 2020 Opinion or Order Filing 86 ORDER that Pltf shall have 30 days from this Order to respond in accordance with terms of this Order, certifying under oath or penalty of perjury that his previously submitted statements are true of his personal knowledge (or identifying such portions thereof as to which he can so attest). Pltf's failure to so respond may result in granting of Defts' Motion for Summary Judgment and dismissal of this action without further notice. ( Pltf's Response to this Order due by 10/9/2020.) Signed by Chief Judge Martin Reidinger on 9/09/2020. (Pro se litigant served by US Mail.) (ejb)
January 15, 2020 Opinion or Order Filing 70 ORDER: The stay of the dispositive motion' deadline is LIFTED. Dispositive Motions due by 3/14/2020. Signed by Chief Judge Frank D. Whitney on 1/14/2020. (Pro se litigant served by US Mail) (tmg)
November 14, 2019 Opinion or Order Filing 65 ORDER that the US Marshal shall use all reasonable efforts to locate and obtain service on Defendants Solomon and Mitchell in accordance with Rule 4. The Clerk is respectfully instructed to change the docket in this matter to reflect the true name of defendant Sodom to George T. Solomon and defendant Mitchell to Robert David Mitchell. Signed by Chief Judge Frank D. Whitney on 11/14/2019. (Pro se litigant served by US Mail) (tmg)
June 27, 2019 Opinion or Order Filing 52 ORDER denying 47 Motion to Compel and denying 49 Motion for Extension of Time. Signed by Chief Judge Frank D. Whitney on 6/27/2019. (Pro se litigant served by US Mail.)(nvc)
May 31, 2019 Opinion or Order Filing 43 ORDER granting 42 proposed Amended Complaint construed as a Motion to Amend Complaint. The Clerk is to file [Doc. 42] as Third Amended Complaint and correct docket to reflect the current defendants. The Clerk shall commen ce the procedure for waiver of service as set forth in Local Rule 4.3 for defendants Maranda Mims, Dave Mitchell and George Sodom who are current or former NCDPS employees. Signed by Chief Judge Frank D. Whitney on 5/31/2019. (Pro se litigant served by US Mail.) (tmg)
May 8, 2019 Opinion or Order Filing 39 ORDER denying without prejudice 37 Motion to Allow Original Complaint to Proceed. Plaintiff may bring a motion to amend and a complete proposed amended complaint before the Court; denying without prejudice 38 Letter construed as Motion to Compel Discovery. Signed by Chief Judge Frank D. Whitney on 5/8/2019. (Pro se litigant served by US Mail.) (tmg)
August 14, 2018 Opinion or Order Filing 20 ORDER that Plaintiff's allegations survive initial review as to Defendants. The Clerk of Court shall commence the procedure for waiver of service as set forth in Local Rule 4.3 for Defendants, who are current or former employees of NCDPS. Signed by Chief Judge Frank D. Whitney on 8/13/2018. (Pro se litigant served by US Mail.)(nvc)
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Plaintiff: James W. Lomick
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Defendant: Ken Beaver
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Defendant: Jane Doe
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