Bryan v. Williams et al
| Laquan D. Bryan and Laquan Bryan |
| A. Gladwell, C. Jones, Stanley Terry, Charles Williams, Thomas Robertson, Stephanie Marshall, Deborah Richter, Norman, Willie F. Smith, Myers, Rodgers, Juanita Moss, Bell, Beard and Bryan P. Stirling |
| Keith Rucker and Nathaniel Simmons |
| 1:2018cv02892 |
| October 25, 2018 |
| US District Court for the District of South Carolina |
| R Bryan Harwell |
| Shiva V Hodges |
| Prison:Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 52
TEXT ORDER denying #50 Motion to Intervene and #51 Motion to Intervene. It is well settled that one pro se litigant cannot represent other pro se litigants, nor may a pro se litigant serve as a lead plaintiff in a class action suit. See Maldonado v. Terhune, 28 F. Supp. 2d 284, 288 (D.N.J. 1998); Caputo v. Fauver, 800 F. Supp. 168, 170 (D. N.J. 1992) (Every court that has considered the issue has held that a prisoner proceeding pro se is inadequate to represent the interests of his fellow inmates in a class action.); see also Allnew v. City of Duluth, 983 F. Supp. 825, 830 (D. Minn. 1997) (courts have consistently held that a class representative cannot properly appear pro se) (listing cases). Accordingly, the undersigned denies the pro se prisoners' motions to intervene in this case. If Rucker and Simmons wish to file their own case, they may do so in accordance with the Federal Rules of Civil Procedure. Signed by Magistrate Judge Shiva V. Hodges on 12/21/18. (vhor)
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| Filing 51 MOTION to Intervene by Nathaniel Simmons. Response to Motion due by 1/4/2019. 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 Cover Letter, #2 Supporting Documents Complaint and Financial Certificate, #3 Envelope) Motions referred to Shiva V. Hodges. (bgoo) |
| Filing 50 MOTION to Intervene by Keith Rucker. Response to Motion due by 1/4/2019. 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 Cover Letter, #2 Supporting Documents - Complaint, #3 Envelope) Motions referred to Shiva V. Hodges. (bgoo) |
| Filing 49 ***DOCUMENT MAILED 48 Order on Motion to Amend/Correct placed in U.S. Mail to Laquan Bryan. (lbak) |
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Filing 48
TEXT ORDER denying #31 Motion to Amend/Correct. Although Fed. R. Civ. P. 15 provides that leave to amend should be freely granted when justice so requires, litigants are not entitled to multiple amendments to assert unrelated claims in a single lawsuit. Plaintiff has previously amended his complaint to add eight defendants, and now seeks to add an additional six defendants. The claims against the proposed new defendants are not related to the claims in Plaintiff's original or first amended complaint. "A motion to amend should be denied only when the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or the amendment would be futile. HCMF Corp. v. Allen, 238 F.3d 273, 276 (4th Cir. 2001). Here, Defendants would be prejudiced by Plaintiff adding new claims and defendants that are unrelated to the matter currently pending before the court. Further, Plaintiff is not prejudiced, as he may bring his new claims in another lawsuit. Signed by Magistrate Judge Shiva V. Hodges on 12/17/18. (vhor)
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| Filing 46 ***DOCUMENT MAILED 43 Order on Motion for Extension of Time to File Response/Reply placed in U.S. Mail to Laquan Bryan. (lbak) |
| Filing 45 REPLY to Response to Motion re #31 MOTION to Amend/Correct #27 Amended Complaint. Response filed by Laquan Bryan. (Attachments: #1 Envelope) (lbak) |
| Filing 44 REPLY by Laquan Bryan to 37 Order. (Attachments: #1 Envelope) (lbak) |
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Filing 43
TEXT ORDER granting #42 Motion for Extension of Time to File Response/Reply to Plaintiff's motion for injunctive relief. Defendants' response is now due by January 9, 2019. Signed by Magistrate Judge Shiva V Hodges on 12/10/18. (vhor) Modified on 12/11/2018 to edit text. (lbak)
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| Filing 42 MOTION for Extension of Time to File Response/Reply as to #39 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Beard, Bell, A. Gladwell, C. Jones, Stephanie Marshall, Juanita Moss, Myers, Norman, Deborah Richter, Thomas Robertson, Willie F. Smith, Bryan P. Stirling, Stanley Terry, Charles Williams. Response to Motion due by 12/27/2018. 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. (Attachments: #1 Certificate of Service) No proposed order. Motions referred to Shiva V. Hodges. (Pruitt, Steven) (Main Document 42 and Attachment 1 replaced on 12/11/2018 with corrected document submitted by filing user.) (lbak) |
| Filing 41 ***DOCUMENT MAILED 40 Text Order placed in U.S. Mail to Laquan Bryan (bgoo) |
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Filing 40
TEXT ORDER: Because Defendants have made an appearance the undersigned plans to treat Plaintiff's motion for injunctive relief as a motion for a preliminary injunction as opposed to a TRO. Signed by Magistrate Judge Shiva V Hodges on 12/7/18. (vhor)
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| Filing 39 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction (Response to Motion due by 12/20/2018. 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.) by Laquan Bryan. (Attachments: #1 Supporting Documents 1, #2 Supporting Documents 2, #3 Supporting Documents 3, #4 Envelope) Motions referred to Shiva V. Hodges. (lbak) |
| Filing 38 ***DOCUMENT MAILED 37 Order placed in U.S. Mail to Laquan Bryan. (lbak) |
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Filing 37
TEXT ORDER: Richter's deadline to answer or otherwise plead is January 7, 2019. Plaintiff is advised that defense counsel is without sufficient information to identify the defendant he has named as "Rodgers, Commissary Supervisor." Plaintiff is directed to provide, by December 27, 2018, additional information to enable defense counsel to identify the defendant such that service may be effected upon the defendant. Plaintiffs failure to provide additional identifying information will result in the dismissal of defendant Rodgers from the case. Signed by Magistrate Judge Shiva V Hodges on 12/5/18. (vhor, )
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| Filing 35 RESPONSE in Opposition re #31 MOTION to Amend/Correct #27 Amended Complaint Response filed by Beard, Bell, A. Gladwell, C. Jones, Stephanie Marshall, Juanita Moss, Myers, Norman, Deborah Richter, Thomas Robertson, Willie F. Smith, Bryan P. Stirling, Stanley Terry, Charles Williams.Reply to Response to Motion due by 12/6/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Certificate of Service)(Pruitt, Steven) |
| Filing 34 REPLY by Beard, Bell, A. Gladwell, C. Jones, Stephanie Marshall, Juanita Moss, Myers, Norman, Deborah Richter, Thomas Robertson, Willie F. Smith, Bryan P. Stirling, Stanley Terry, Charles Williams to 29 Order on Motion for Extension of Time to Answer,,, . (Attachments: #1 Certificate of Service)(Pruitt, Steven) |
| Filing 33 SUMMONS Returned Executed by Laquan Bryan. Deborah Richter served on 11/19/2018, answer due 12/10/2018. (Attachments: #1 Certified Mail Receipt) (lbak) |
| Filing 31 MOTION to Amend/Correct #27 Amended Complaint by Laquan Bryan. Response to Motion due by 12/3/2018. 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. (Attachments: #1 Proposed Second Amended Complaint, #2 Envelope) Motions referred to Shiva V. Hodges. (lbak) |
| Filing 30 ***DOCUMENT MAILED 29 Order on Motion for Extension of Time to Answer placed in U.S. Mail to Laquan Bryan. (lbak) |
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Filing 29
TEXT ORDER granting #25 Motion for Extension of Time to Answer. The undersigned notes that Plaintiff has filed an amended complaint, which is now the operative complaint requiring an answer or other pleading. Additionally, the undersigned directs counsel to advise the court by November 30, 2018, via a short filing on the docket whether he is authorized to accept service for the recently-added defendants. If so, their deadline to answer or otherwise plead will also be January 7, 2019. If not, the undersigned will direct the United States Marshal Service to serve the defendants. (A. Gladwell answer due 1/7/2019; C. Jones answer due 1/7/2019; Stephanie Marshall answer due 1/7/2019; Thomas Robertson answer due 1/7/2019; Stanley Terry answer due 1/7/2019; Charles Williams answer due 1/7/2019.) Signed by Magistrate Judge Shiva V. Hodges on 11/16/18. (vhor)
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| Filing 28 ***DOCUMENT MAILED 26 TEXT ORDER placed in U.S. Mail to Laquan Bryan. (lbak) Modified on 11/16/2018 to edit text (lbak) |
| Filing 27 FIRST AMENDED COMPLAINT against All Defendants, filed by Laquan Bryan. (Attachments: #1 Original Complaint, #2 Envelope Amended Complaint, #3 Envelope Original Complaint) (lbak) |
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Filing 26
TEXT ORDER granting #22 Motion to Amend/Correct the Complaint. The Clerk of Court is directed to attach Plaintiff's proposed amended complaint to his original complaint and file them together as the First Amended Complaint. Signed by Magistrate Judge Shiva V. Hodges on 11/16/18. (vhor)
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| Filing 25 MOTION for Extension of Time to File Answer re #1 Complaint by A. Gladwell, C. Jones, Stephanie Marshall, Thomas Robertson, Stanley Terry, Charles Williams. Response to Motion due by 11/30/2018. 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. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Shiva V Hodges.(Pruitt, Steven) |
| Filing 24 SUMMONS Returned Executed by Laquan D. Bryan. A. Gladwell served on 11/13/2018, answer due 12/4/2018; C. Jones served on 11/13/2018, answer due 12/4/2018; Stephanie Marshall served on 11/13/2018, answer due 12/4/2018; Thomas Robertson served on 11/13/2018, answer due 12/4/2018; Stanley Terry served on 11/13/2018, answer due 12/4/2018; Charles Williams served on 11/13/2018, answer due 12/4/2018. (lbak) |
| Filing 22 MOTION to Amend/Correct #1 Complaint by Laquan D. Bryan. Response to Motion due by 11/29/2018. 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. (Attachments: #1 Envelope) Motions referred to Shiva V. Hodges. (lbak) |
| Filing 20 Summons Issued as to Deborah Richter. Service due by 1/31/2019 (lbak) |
| Filing 19 Summons Issued as to C. Jones. Service due by 1/31/2019 (lbak) |
| Filing 18 Summons Issued as to Stanley Terry. Service due by 1/31/2019 (lbak) |
| Filing 17 Summons Issued as to Stephanie Marshall. Service due by 1/31/2019 (lbak) |
| Filing 16 Summons Issued as to A. Gladwell. Service due by 1/31/2019 (lbak) |
| Filing 15 Summons Issued as to Thomas Robertson. Service due by 1/31/2019 (lbak) |
| Filing 14 Summons Issued as to Charles Williams. Service due by 1/31/2019 (lbak) |
| Filing 13 ***DOCUMENT MAILED #12 Order 1983 placed in U.S. Mail to Laquan D. Bryan. (lbak) |
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Filing 12
ORDER authorizing service of process and collection of filing fee. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Plaintiff is also directed to notify the clerk in writing of any change of address. Signed by Magistrate Judge Shiva V. Hodges on 11/1/2018. (lbak)
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| Filing 8 ***DOCUMENTS MAILED #7 Proper Form Order, summons, and six Forms USM-285 placed in U.S. Mail to Laquan D. Bryan (bgoo) |
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Filing 7
PROPER FORM ORDER (Case to be brought into proper form by 11/20/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.) Motion granted: #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Shiva V. Hodges on 10/30/2018. (bgoo)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Laquan D. Bryan. Response to Motion due by 11/8/2018. 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. (Attachments: #1 Envelope) Motions referred to Shiva V. Hodges. (lbak) (Additional attachment(s) added on 11/2/2018 submitted by LaQuan Bryan: #2 Financial Certificate, #3 Cover Letter, #4 Envelope) (lbak) |
| Filing 1 COMPLAINT against All Defendants, filed by Laquan D. Bryan. (Attachments: #1 Envelope) (lbak) |
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