Meyers v. Ishee et al
David Meyers |
Todd Ishee, Peter Buchholtz, Brandeshawn Harris, Arthur Campbell, Valerie Langley, Gary Junker, Debra Fitzgerald, Ladonna Browning, Ina M. Hinton, Kimberly Grande, David Addison, Phyllis Leary, Robert Campbell, Anthony Smith, Loris Sutton, NCDAC Interstate Compact Council, NCDAC Interstate Compact Administrator, R. Honeycutt, Amy Jenkins, Jeffrey P. Duncan, Daniel Brown, FNU Miller, Joshua Sigmon, William Farrish, Stephanie Hall, Chris Biecker, FNU Davis, FNU Hester, FNU Teague, FNU Beaver, FNU Young, FNU Yow, FNU Tucker, FNU Marshall, FNU Freeman, Joseph Hoffman, Sophia Feaster, FNU Harrold, FNU Closum, Mr. FNU Dunley, FNU Taylor, FNU Moss, FNU Johnson, Mr. FNU Harold, Mr. FNU Deloach, J. Shuttles, Jerry Laws, Matthew Pennell, Michelle Duncan, FNU Butler, FNU Matthews, FNU Dula, FNU Reyes, FNU Venosa, 8 Unkown Officers, Unknown Lieutenant, FNU Knoxx, FNU Jackson, FNU Simms, Pamela Burr, FNU Finny, FNU Ramos, FNU Bradshaw, FNU Ore, Medical Dept. Pharmacist and FNU Chapman |
5:2023cv00189 |
November 22, 2023 |
US District Court for the Western District of North Carolina |
Statesville Office |
Donald C Coggins |
Kevin McDonald |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
None |
Docket Report
This docket was last retrieved on April 26, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 7 REPORT OF MAGISTRATE JUDGE on #6 AFFIDAVIT - 1983 Application IFP filed by David Meyers. Objections to M&R due by 1/30/2024. Signed by Magistrate Judge Kevin F. McDonald on 1/16/2024. (Pro se litigant served by US Mail.)(ef) |
TEXT ORDER denying #3 motion to appoint counsel. With his complaint, on November 22, 2023, the plaintiff filed a motion to appoint counsel (doc. 3). There is no right to appointed counsel in 1983 cases. Hardwick v. Ault, 517 F.2d 295, 298 (5th Cir. 1975). As stated in 28 U.S.C. 1915(e)(1), the court may use its discretion to appoint counsel for an indigent in a civil action. Smith v. Blackledge, 451 F.2d 1201, 1203 (4th Cir. 1971). However, such appointment should be allowed only in exceptional cases. Cook v. Bounds, 518 F.3d 779, 780 (4th Cir. 1975). A review of this case reveals no exceptional or unusual circumstances have been presented that would justify the appointment of counsel, nor would the plaintiff be denied due process if an attorney were not appointed. Whisenant v. Yuam, 739 F.2d 160, 163 (4th Cir. 1984), abrogated on other grounds by Mallard v. U.S. Dist. Court for S. Dist. of Iowa, 490 U.S. 29 (1989). As such, the plaintiffs motion for appointment of counsel (doc. 3) is denied. Entered by Magistrate Judge Kevin F. McDonald on 1/16/2024. (Pro se litigant served by US Mail.)(ef) Modified text on 1/16/2024 (ef). |
Filing 6 AFFIDAVIT - 1983 Application IFP (Sealed - Participants) re #1 Complaint by David Meyers (Attachments: #1 Envelope)(tlj) |
Filing 5 ORDER of Designation - United States Magistrate Judge Kevin F. McDonald is hereby designated to hold court and perform any and all judicial duties designated under 28 U.S.C. 636, subsections (a), (b), and (c) in the Western District of North Carolina on an as-needed basis during the pendency of these cases; Meyers v. Ishee et al., No. 5:23cv189. Signed by Chief Judge Martin Reidinger on 11/29/2023. (Attachments: #1 Cover Letter)(Pro se litigant served by US Mail.)(thh) |
Case assigned to Magistrate Judge Kevin McDonald. This is your only notice - you will not receive a separate document.(thh) |
Filing 4 FOURTH CIRCUIT'S ORDER AND NOTICE DESIGNATION OF DISTRICT JUDGE FOR SERVICE IN ANOTHER DISTRICT re: Honorable Donald C. Coggins, Jr., United States District Judge for the District of South Carolina, to hold a district court in the Western District of North Carolina in the cases of Meyers v. Ishee et al., No. 5:23cv00189-MR, for such time as needed in advance to prepare and thereafter as required to complete unfinished business in the matters (Attachments: #1 Cover Letter)(Pro se litigant served by US Mail.)(thh) |
Case reassigned to District Judge Donald C Coggins. Chief Judge Martin Reidinger no longer assigned to the case due to conflict. This is your only notice - you will not receive a separate document.(thh) |
Filing 2 NOTICE OF DEFICIENCY regarding #1 Complaint. The filing fee of 350.00 was not received or application to proceed without payment of fees and affidavit was not submitted. Application or Fee due by 12/18/2023. (cjs) |
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.)(cjs) |
Filing 3 Pro Se MOTION to Appoint Counsel by David Meyers. (Attachments: #1 Envelope) (cjs) |
Filing 1 Pro Se COMPLAINT against All Defendants, filed by David Meyers. (Attachments: #1 Envelope)(cjs) |
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