Phillips v. Pattman et al
Plaintiff: Joshua Lee Phillips
Defendant: Deputy Warden Brandi Lathan, Officer Cummings, Warden Micheal Stephan, Mental Health Doctor Taresa Torres, Mental Health Counselor Harris, Officer Landry, Nurse Takisha Smith, Nurse White, Officer Thomas Pattman and Nurse Birchmoore
Case Number: 1:2019cv03533
Filed: December 19, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: Shiva V Hodges
Referring Judge: Terry L Wooten
Nature of Suit: Prison:Prison Condition
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2020 Opinion or Order Filing 31 SUMMONS Returned Executed by Joshua Lee Phillips. Officer Landry served on 1/31/2020, answer due 2/21/2020. (Attachments: #1 Certified Mail Receipt) (lbak)
February 7, 2020 Opinion or Order Filing 30 Summons Returned Unexecuted (Restricted Access) by Joshua Lee Phillips as to Takisha Smith. (lbak)
February 4, 2020 Opinion or Order Filing 28 Summons Issued as to Mental Health Counselor Harris, Nurse White. Service due by 3/19/2020 (from original date summons was issued). (lbak)
February 4, 2020 Opinion or Order Filing 27 ***DOCUMENT MAILED #26 Order 1983 placed in U.S. Mail from Columbia Clerks Office to Joshua Lee Phillips, 312606, Broad River Correctional Institution, 4460 Broad River Road, Columbia, SC 29210. (lbak)
February 4, 2020 Opinion or Order Filing 26 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 2/4/2020. (lbak)
January 30, 2020 Opinion or Order Filing 23 ***DOCUMENT MAILED #22 Order, Terminate Motions placed in U.S. Mail from Columbia Clerks Office to Joshua Lee Phillips, 312606, Broad River Correctional Institution, 4460 Broad River Road, Columbia, SC 29210. (lbak)
January 30, 2020 Opinion or Order Filing 22 ORDER denying #21 MOTION to Appoint Counsel. Signed by Magistrate Judge Shiva V. Hodges on 1/30/2020. (lbak)
January 30, 2020 Opinion or Order Filing 21 MOTION to Appoint Counsel by Joshua Lee Phillips. Response to Motion due by 2/13/2020. 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. (Attachments: #1 Envelope) Motions referred to Shiva V. Hodges. (lbak)
January 30, 2020 Opinion or Order Filing 20 ***DOCUMENT MAILED 19 Order on Motion for Extension of Time to Answer placed in U.S. Mail from Columbia Clerks Office to Joshua Lee Phillips, 312606, Broad River Correctional Institution, 4460 Broad River Road, Columbia, SC 29210. (lbak)
January 30, 2020 Opinion or Order Filing 19 TEXT ORDER granting #18 Motion for Extension of Time to Answer. Defendants Cummings, Stephan, Lathan, Torres, Landry, and Pattman's deadline to answer or otherwise plead is now 2/19/2020. Signed by Magistrate Judge Shiva V. Hodges on 1/30/20. (vhor)
January 29, 2020 Opinion or Order Filing 18 First MOTION for Extension of Time to File Answer re #1 Complaint by Officer Cummings, Mental Health Counselor Harris, Officer Landry, Brandi Lathan, Thomas Pattman, Micheal Stephan, Taresa Torres. Response to Motion due by 2/12/2020. 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. (Attachments: #1 Affidavit Affidavit of Daniel R. Settana, Jr., #2 Certificate of Service Certificate of Service to Plaintiff)No proposed order.Motions referred to Shiva V Hodges.(Settana, Daniel)
January 28, 2020 Opinion or Order Filing 16 ANSWER to #1 Complaint by Nurse Birchmoore. (Attachments: #1 Certificate of Service)(Darwin, William)
January 27, 2020 Opinion or Order Filing 15 SUMMONS Returned Executed by Joshua Lee Phillips. Nurse Birchmoore served on 1/13/2020, answer due 2/3/2020; Thomas Pattman served on 1/14/2020, answer due 2/4/2020. (Attachments: #1 Certified Mail Receipt) (lbak)
January 14, 2020 Opinion or Order Filing 14 ***DOCUMENTS MAILED 13 Order and two Forms USM-285 placed in U.S. Mail from Columbia Clerks Office to Joshua Lee Phillips, 312606, Broad River Correctional Institution, 4460 Broad River Road, Columbia, SC 29210. (lbak)
January 14, 2020 Opinion or Order Filing 13 TEXT ORDER: Plaintiff is advised that, pursuant to ECF No. 12, the United States Marshal Service was unable to serve Mental Health Counselor Harris and Nurse White due to insufficient information to identify them. As noted in the undersigned's December 20, 2019 order, Plaintiff is responsible for information sufficient to identify each defendant on the Form USM-285. Further, unserved defendants may be dismissed as parties to this case if not served by March 19, 2020. The Clerk of Court is directed to send new Forms USM-285 to Plaintiff so that he may provide more identifying information for service. Signed by Magistrate Judge Shiva V. Hodges on 1/14/20. (vhor)
January 14, 2020 Opinion or Order Filing 12 Summons Returned Unexecuted (Restricted Access) by Joshua Lee Phillips as to Mental Health Counselor Harris, Nurse White. (lbak)
January 13, 2020 Opinion or Order Filing 11 SUMMONS Returned Executed by Joshua Lee Phillips. Officer Cummings served on 1/8/2020, answer due 1/29/2020; Brandi Lathan served on 1/8/2020, answer due 1/29/2020; Micheal Stephan served on 1/8/2020, answer due 1/29/2020; Taresa Torres served on 1/8/2020, answer due 1/29/2020. (lbak)
December 20, 2019 Opinion or Order Filing 9 Summons Issued as to All Defendants. Service due by 3/19/2020 (bgoo)
December 20, 2019 Opinion or Order Filing 8 ***DOCUMENT MAILED #7 Order placed in U.S. Mail from Columbia Clerks Office to Joshua Lee Phillips, 312606, Broad River Correctional Institution, 4460 Broad River Road, Columbia, SC 29210 (bgoo)
December 20, 2019 Opinion or Order Filing 7 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. Plaintiff is also directed to notify the clerk in writing of any change of address. Motion granted: #2 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Shiva V. Hodges on 12/20/2019. (bgoo)
December 19, 2019 Opinion or Order Filing 4 TRUE DIVISION FOR TRIAL: Columbia. (mmcd)
December 19, 2019 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Joshua Lee Phillips. Response to Motion due by 1/2/2020. 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. (Attachments: #1 Financial Certificate, #2 Envelope)Motions referred to Shiva V. Hodges. (mmcd)
December 19, 2019 Opinion or Order Filing 1 COMPLAINT against All Defendants, filed by Joshua Lee Phillips. (Attachments: #1 Envelope) (mmcd)

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Defendant: Deputy Warden Brandi Lathan
Represented By: Daniel R Settana, Jr
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Defendant: Officer Cummings
Represented By: Daniel R Settana, Jr
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Defendant: Warden Micheal Stephan
Represented By: Daniel R Settana, Jr
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Defendant: Mental Health Doctor Taresa Torres
Represented By: Daniel R Settana, Jr
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Defendant: Mental Health Counselor Harris
Represented By: Daniel R Settana, Jr
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Defendant: Officer Landry
Represented By: Daniel R Settana, Jr
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Defendant: Nurse Takisha Smith
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Defendant: Nurse White
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Defendant: Officer Thomas Pattman
Represented By: Daniel R Settana, Jr
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Defendant: Nurse Birchmoore
Represented By: Todd Russell Flippin
Represented By: William Benson Darwin, Jr
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Plaintiff: Joshua Lee Phillips
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