Garrett v. Aull et al
| Robert Louis Garrett, Jr. |
| Aull, Beckett, Jr., T. Esterline and James Parrish |
| 0:2018cv01418 |
| May 24, 2018 |
| US District Court for the District of South Carolina |
| Rock Hill Office |
| Allendale |
| Cameron McGowan Currie |
| Paige J Gossett |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| 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
340
OPINION AND ORDER adopting the 311 Order and Report and Recommendation. The deliberate indifference claims against Defendants Koon are dismissed without prejudice as well as against Arrojas, Ergen, Williamson, Compton, Derr ick, and Byrne are dismissed with prejudice, as is the claim regarding the May 25, 2016 use of force against Defendants Parrish and Napier. Further, Garrett's claims for excessive force and retaliation against Defendants Aull, Beckett, Esterline , and Parrish for incidents on January 28, February 17, and April 20, 2016, remain for trial. Specifically, Beckett in the January 28 claim, Esterline in the February 17 incident, and Defendant Esterline, Parrish, and Aull in the April 20 incident. The 325 motion for temporary restraining order is dismissed as moot. Signed by Honorable Cameron McGowan Currie on 3/25/2021. (mmcd)
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Filing
329
ORDER granting in part plaintiff's 326 motion for extension of time. Plaintiff's objections to the 311 Report and Recommendation are due by March 12, 2021. No further extensions will be granted. (Objections to R&R due by 3/12/2021.) Signed by Honorable Cameron McGowan Currie on 2/18/2021. (mmcd)
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Filing
311
ORDER AND REPORT AND RECOMMENDATION recommending that the medical defendants Arrojas, Ergen, Bryne, Derrick, Compton, and Williamson be granted 278 298 summary judgment. Additionally, the court recommends that Defendants P arrish and Napier be granted 232 298 summary judgment as to Garretts allegations of excessive force regarding the May 25, 2016 incident. It is further recommended that the 232 motion for summary judgment of Defendants Aull, Beckett, Esterlin e, and Parrish be denied as to the allegations regarding multiple instance of excessive force and retaliation that occurred between January and May of 2016 except to the extent Garrett seeks monetary relief against them in their official capacities. Finally, the court recommends that Garrett's claims against Defendant Koon be dismissed without prejudice pursuant to Rule 4(m). (Objections to R&R due by 1/4/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.) Signed by Magistrate Judge Paige J. Gossett on 12/17/2020. (mmcd) Modified on 12/17/2020 to edit docket text (mmcd).
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Filing
301
ORDER directing the plaintiff to advise the court as to whether he wishes to continue with his claims against Defendants Arrojas and Ergen and to file a response to the defendants' 278 motion for summary judgment within fourteen (14) days from the date of this order. Plaintiff is further advised that if he fails to respond, the claims against Defendants Arrojas and Ergen will be recommended for dismissal with prejudice for failure to prosecute. (Response to Motion due by 8/27/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.) Signed by Magistrate Judge Paige J. Gossett on 8/12/2020. (mmcd)
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Filing
275
ORDER Magistrate Judge's 244 Text Order and 265 Order are affirmed. Plaintiff is hereby directed to file a response to Defendants' 232 motion for summary judgment no later than June 26, 2020. (Response to Motion due by 6/26/2020.) Signed by Honorable Cameron McGowan Currie on 6/9/2020. (mmcd)
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Filing
265
ORDER denying Garrett's Rule 56(d) request in his 264 affidavit. It is further ordered that Garrett shall advise the court as to whether he wishes to continue with his claims as to Defendants Aull, Beckett, Jr., Esterl ine, and Parrish and to file a response to the defendants' 232 motion for summary judgment on or before May 29, 2020. Plaintiff is further advised that if he fails to respond, his claims against these defendants will be recommended for dismi ssal with prejudice for failure to prosecute. (Response to Motion due by 5/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) Signed by Magistrate Judge Paige J. Gossett on 5/15/2020. (mmcd)
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Filing
211
ORDER directing the parties to inform the court in writing of the status of this case on or before January 29, 2020 2019 and advise the court as to whether this case is ready for trial as to the claims against Defendants Aull; Beckett, Jr.; T. Esterline; and James Parrish. ( Status Report due by 1/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.) Signed by Magistrate Judge Paige J. Gossett on 1/22/2020. (mmcd)
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Filing
157
ORDER affirming as supplemented in this order the Magistrate Judge's 127 text order. Signed by Honorable Cameron McGowan Currie on 7/23/2019. (bgoo)
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Filing
154
ORDER granting 150 motion for extension of time. Plaintiff shall have until August 10, 2019 to file motions to join parties, and motions to amend or supplement his complaint. Plaintiff is hereby given notice the court cannot hold this motion and case open indefinitely and will be unable to grant further exensions for this deadline. Signed by Honorable Cameron McGowan Currie on 7/10/2019. (bgoo)
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Filing
128
ORDER denying Plaintiff's 88 120 motions and 116 supplemental documents requesting the appointment of counsel. Signed by Magistrate Judge Paige J. Gossett on 5/31/2019. (bgoo)
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Filing
124
ORDER denying Plaintiff's 114 motion to alter or amend. Signed by Honorable Cameron McGowan Currie on 5/30/2019. (bgoo)
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Filing
118
OPINION AND ORDER affirming the 99 order of the Magistrate Judge as supplemented in this order and allowing Plaintiff to move to amend or supplement his Complaint, with a proposed amended/supplemental Complaint attached, no later than June 25, 2019. Signed by Honorable Cameron McGowan Currie on 5/22/2019. (bgoo)
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Filing
106
ORDER adopting the 68 Report and Recommendation and denying Garrett's 49 motion for a preliminary injunction hearing. This matter is referred back to the Magistrate Judge for pretrial proceedings. Signed by Honorable Cameron McGowan Currie on 4/12/2019. (bgoo)
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Filing
86
ORDER granting 83 motion for extension of time. (Objections to R&R due by 3/15/2019.) Signed by Honorable Cameron McGowan Currie on 2/12/2019. (bgoo)
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Filing
80
ORDER granting 78 motion for extension. (Objections to 68 Report and Recommendation due by 2/11/2019.) Signed by Honorable Cameron McGowan Currie on 1/23/2019. (bgoo)
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Filing
76
ORDER granting 74 MOTION for Extension of Time. (Objections to R&R due by 1/18/2019.) Signed by Honorable Cameron McGowan Currie on 1/3/2019. (bgoo)
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Filing
37
ORDER denying plaintiff's 34 motion to appoint counsel. Signed by Magistrate Judge Paige J. Gossett on 9/24/2018. (bgoo)
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Filing
25
ORDER directing each legal representative entering an appearance in this matter on behalf of any defendant to complete a Defendant's Certification and file it with the court within seven (7) days from the date of this ord er. IT IS FURTHER ORDERED that if any party disagrees with the court's construction of the Plaintiff's claims, he or she may file an appropriate motion with the court within seven (7) days from the date of this order. (Defendant's Certification due by 9/5/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.) Signed by Magistrate Judge Paige J. Gossett on 8/29/2018. (bgoo)
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Filing
1
ORDER directing the Clerk of Court to assign new civil action numbers to Plaintiff for the incidents and defendants listed in this order. Signed by Magistrate Judge Paige J. Gossett on 5/24/2018. (bgoo) Modified on 5/25/2018 to edit filing date. (bgoo)
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