Carberry v. Lancaster County Sheriff Office et al
| Alexis Carberry |
| Lancaster County Sheriff Office, ICO and Indv Barry Faile, Lancaster Magistrate Court ICO Curtisha M. Ingram, Lancaster county Magistrate Court, SCDMV and SCDSS |
| 0:2023cv04838 |
| September 27, 2023 |
| US District Court for the District of South Carolina |
| Shiva V Hodges |
| Sherri A Lydon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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| Filing 28 MOTION to Appoint Counsel by Alexis Carberry. Response to Motion due by 12/4/2023; OBJECTION TO THE #20 REPORT AND RECOMMENDATION. 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 Envelope) Motions referred to Shiva V. Hodges. (lbak) |
| Filing 27 ***DOCUMENTS MAILED 22 Text Order on Motion to Dismiss for Failure to State a Claim, Motion to Amend/Correct and Report and Recommendation, #24 Amended Complaint and #26 Summonses Issued, placed in U.S. Mail from Columbia Clerks Office to Alexis Carberry, 235 Straightaway Lane, Fort Mill, SC 29707. (lbak) |
| Filing 26 Summonses Issued as to Lancaster County Sheriff Office(Individually and represented by Barry Faile), Lancaster county Magistrate Court, SCDMV, SCDSS. Service due by 2/14/2024. (lbak) |
| Filing 24 AMENDED COMPLAINT against Lancaster County Sheriff Office, Lancaster county Magistrate Court, SCDMV, SCDSS, filed by Alexis Carberry. (Attachments: #1 Envelope) (lbak) |
Filing 22
TEXT ORDER vacating Report and Recommendation [ECF No. 20], granting Plaintiff's motion to amend the complaint [ECF No. 14] in accordance with Fed. R. Civ. P. 15(a)(1)(B), denying as moot the motion to dismiss for failure to state a claim [ECF No. 8], with leave to refile in light of Plaintiff's filing of an amended complaint, and directing the Clerk of Court to docket [ECF No. 14] as an amended complaint and to issue summonses for the new defendants. Plaintiff is directed to serve copies of the summons and amended complaint on Defendants in accordance with Fed. R. Civ. P. 4 and 5. Defendants are instructed to answer or otherwise plead in accordance with Fed. R. Civ. P. 15. Signed by Magistrate Judge Shiva V. Hodges on 11/15/2023.(lbak)
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| Filing 21 ***DOCUMENT MAILED #18 Order on Motion for Recusal, 19 Order on Motion for Protective Order, #20 REPORT AND RECOMMENDATION placed in U.S. Mail from Columbia Clerks Office to Alexis Carberry 235 Straightaway Lane Fort Mill, SC 29707. (apsn) |
| Filing 20 ***VACATED***REPORT AND RECOMMENDATION recommending Plaintiff's claims be dismissed pursuant to Fed. R. Civ. P. 12(b)(6) [ECF No. 8], without leave for further amendment, and her request to amend the complaint be denied [ECF No. 14]. Objections to R&R due by 11/21/2023. 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. Signed by Magistrate Judge Shiva V. Hodges on 11/07/2023. (apsn) |
| Filing 19 TEXT ORDER denying as moot ECF No. 12. Defendants request a protective order directing that they not be required to respond to Plaintiff's discovery requests until after the court rules on the motion to dismiss. Pursuant to Fed. R. Civ. P. 26(d)(1), "[a] party may not seek discovery from any source before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B), or when authorized by these rules, by stipulation, or by court order." Neither party has been authorized to seek discovery, as the undersigned has not issued a scheduling order. Furthermore, if the District Judge accepts the undersigneds recommendation that the case be dismissed pursuant to Fed. R. Civ. P. 12(b)(6), the parties will not be permitted to seek discovery.Entered at the direction of Magistrate Judge Shiva V. Hodges on 11/07/2023.(apsn) |
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Filing 18
ORDER denying #16 Motion for Recusal. Signed by Magistrate Judge Shiva V. Hodges on 11/07/2023.(apsn)
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| Filing 17 REPLY to Response to Motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION for Recusal Response filed by Barry Faile, Court ICO Curtisha M. Ingram, Lancaster County Sheriff Office. (Attachments: #1 Certificate of Service)(Harter, Russell) |
| Filing 16 MOTION for Recusal by Alexis Carberry. Response to Motion due by 11/13/2023. 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; RESPONSE TO #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Alexis Carberry. Reply to Response due 11/3/2023. (Attachments: #1 Table of Contents, #2 Exhibit A - York County Restraining order, #3 Exhibit B - Lancaster County Sheriff's Office Report Hot tub Haven/Handyman, #4 Exhibit C - Emails by/between Plaintiff and LACOSO, #5 Exhibit D - 1st correspondence letter to LACOSO, #6 Exhibit E - 1st FOIA Request to LACOSO, #7 Exhibit F - LACOSO DUI/SCDMV unconstitutional procedures, #8 Exhibit G - DSS Harassment, #9 Exhibit H - 2nd correspondence letter and 2nd FOIA Request, #10 Exhibit I - 3rd correspondence letter to LACOSO, #11 Exhibit J - 4th Correspondence letter Magistrate courthouse "Mask" false arrest, #12 Exhibit K - LACOSO Police Report for 2nd DV charge and arrest against Plaintiffs Husband, #13 Envelope) Motions referred to Shiva V. Hodges. (lbak) |
| Filing 14 MOTION to Amend/Correct Complaint by Alexis Carberry. Response to Motion due by 11/13/2023. 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 Envelope) Motions referred to Shiva V. Hodges. (lbak) |
| Filing 13 Additional Attachments to Main Document #12 MOTION for Protective Order . First attachment description: Certificate of Mailing . (Harter, Russell) |
| Filing 12 MOTION for Protective Order by Barry Faile, Court ICO Curtisha M. Ingram, Lancaster County Sheriff Office. Response to Motion due by 11/9/2023. 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 Memo in Support, #2 Supporting Documents, #3 Supporting Documents)No proposed order.Motions referred to Shiva V Hodges.(Harter, Russell) Additional Attachments on 10/26/2023 at #13 . (lbak) |
| Filing 11 ***DOCUMENT MAILED #10 Roseboro Order, placed in U.S. Mail from Columbia Clerks Office to Alexis Carberry, 235 Straightaway Lane, Fort Mill, SC 29707. (lbak) |
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Filing 10
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response to Motion due by 11/6/2023. 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. Signed by Magistrate Judge Shiva V. Hodges on 10/5/2023. (lbak)
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| Filing 9 CERTIFICATE OF SERVICE by Barry Faile, Court ICO Curtisha M. Ingram, Lancaster County Sheriff Office re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Re-filed by Clerk to correct event type. (lbak) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Barry Faile, Court ICO Curtisha M. Ingram, Lancaster County Sheriff Office. Response to Motion due by 10/18/2023. 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 Memo in Support)No proposed order.Motions referred to Shiva V Hodges.(Harter, Russell) |
| Filing 7 ***DOCUMENT MAILED #6 Order to Notify of Address Change placed in U.S. Mail from Columbia Clerks Office to Alexis Carberry, 235 Straightaway Lane, Fort Mill, SC 29707. (lbak) |
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Filing 6
ORDER directing plaintiff to notify Clerk in writing of any address changes. Signed by Magistrate Judge Shiva V. Hodges on 9/28/2023. (lbak)
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| Filing 4 CERTIFICATE OF SERVICE by Barry Faile, Court ICO Curtisha M. Ingram, Lancaster County Sheriff Office re #1 Notice of Removal, #3 Local Rule 26.01 Answers to Interrogatories. (lbak) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Barry Faile, Court ICO Curtisha M. Ingram, Lancaster County Sheriff Office. (lbak) |
| Filing 1 NOTICE OF REMOVAL from County of Lancaster Court of Common Pleas, case number 2023-CP-29-1120. (Filing fee $ 402 receipt number ASCDC - 11344020), filed by Court ICO Curtisha M. Ingram, Barry Faile, Lancaster County Sheriff Office. (Attachments: #1 State Court Documents) (lbak) |
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