Little v. Wallace et al
| David Antonio Little, Jr. |
| Warden Terry Wallace, Correctional Officer Bostic, Correctional Officer Spikes, Correctional Officer Oscar Level, Jr, Correctional Officer Jones and Correctional Officer Spivey |
| 0:2023cv01538 |
| April 14, 2023 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Paige J Gossett |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights, State Filers |
| None |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 ***DOCUMENT MAILED 13 Order on Motion to Amend/Correct, placed in U.S. Mail from Columbia Clerks Office to David Antonio Little, Jr., 385407, McCormick Correctional Institute, 386 Redemtion Way, McCormick, SC 29899. (dist) |
| Filing 13 DOCKET TEXT ORDER denied without prejudice #11 Plaintiff's Motion to Amend/Correct Complaint. Pursuant to Fed. R. Civ. P. 15(a)(1)(A), a party may amend his pleading once as a matter of course within twenty-one days after service of the Complaint. However, Plaintiff's proposed amended complaint must be complete in itself. Plaintiff is reminded that an amended complaint replaces the original complaint. See Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001) ("As a general rule, an amended pleading ordinarily supersedes the original and renders it of no legal effect.") (citation and internal quotation marks omitted); see also 6 Charles Alan Wright et al., Federal Practice and Procedure 1476 (3d ed. 2017) ("A pleading that has been amended under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified. Once an amended pleading is interposed, the original pleading no longer performs any function in the case..."). Any amended complaint filed by Plaintiff is also subject to further initial review by the court pursuant to 28 U.S.C. 1915A. This motion is denied without prejudice for Plaintiff to refile a proper amended complaint on or before June 16, 2023, if he so elects. Entered at the direction of Magistrate Judge Paige J. Gossett on 6/2/2023. (kkus, ) |
| Filing 11 MOTION to Amend/Correct #1 Complaint by David Antonio Little, Jr. Response to Motion due by 6/9/2023. 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. (Attachments: #1 Certificate of Service, #2 Envelope)Motions referred to Paige J. Gossett.(dist) |
| Filing 6 ***DOCUMENT MAILED #5 Proper Form Order, one blank AO -240 Form, one Financial Certificate, 6 blank USM-285 Forms, one blank Summons placed in U.S. Mail from Columbia Clerks Office to David Antonio Little, Jr., 385407, McCormick Correctional Institute,386 Redemtion Way McCormick, SC 29899. (dist) |
Filing 5
PROPER FORM ORDER Case to be brought into proper form by 5/16/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Paige J. Gossett on 4/25/2023. (dist)
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| Filing 2 TRUE DIVISION FOR TRIAL: Anderson/Greenwood. (dist) |
| Filing 1 COMPLAINT against All Defendants, filed by David Antonio Little, Jr. (Attachments: #1 Envelope)(dist) |
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