Fernandes v. Cherokee County Detention Center et al
Plaintiff: Marion L. Fernandes, Sr.
Defendant: Cherokee County Detention Center, Major Stephen Anderson and Sherille Wells
Case Number: 1:2024cv00789
Filed: February 15, 2024
Court: US District Court for the District of South Carolina
Presiding Judge: Joseph F Anderson
Referring Judge: Shiva V Hodges
Nature of Suit: Prison:Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 pr (Other)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 2, 2024 Filing 19 ***DOCUMENTS MAILED #17 Order Ruling on Report and Recommendation and #18 Judgment, placed in U.S. Mail from Columbia Clerks Office to Marion L. Fernandes, Sr., Cherokee County Detention Center, 315 E. Dr. L.M. Rosemond Ln., Gaffney, SC 29340. (lbak)
April 2, 2024 Filing 18 JUDGMENT dismissing this action without prejudice. (lbak)
April 2, 2024 Opinion or Order Filing 17 ORDER adopting the #12 Report and Recommendation, summarily dismissing without prejudice, without leave to amend and without issuance and service of process. Signed by Honorable Joseph F. Anderson, Jr. on 4/2/2024. (lbak)
February 29, 2024 Filing 13 ***DOCUMENT MAILED #12 REPORT AND RECOMMENDATION placed in U.S. Mail from Columbia Clerks Office to Marion L. Fernandes, Sr., Cherokee County Detention Center, 315 E. Dr. L.M. Rosemond Ln., Gaffney, SC 29340. (lbak)
February 29, 2024 Filing 12 REPORT AND RECOMMENDATION recommending this matter be summarily dismissed without leave for further amendment. Objections to R&R due by 3/14/2024. 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 2/29/2024. (lbak)
February 26, 2024 Filing 8 AMENDED COMPLAINT against Stephen Anderson, Sherille Wells, filed by Marion L. Fernandes, Sr. (Attachments: #1 Envelopes 1-3) (lbak)
February 16, 2024 Filing 7 ***DOCUMENTS MAILED #4 Proper Form Order, #5 Order, 6 Text Order on Motion for Leave to Proceed in forma pauperis, one standard complaint form and one Summons placed in U.S. Mail from Columbia Clerks Office to Marion L. Fernandes, Sr., Cherokee County Detention Center, 315 E. Dr. L.M. Rosemond Ln., Gaffney, SC 29340. (lbak)
February 16, 2024 Opinion or Order Filing 6 TEXT ORDER: Plaintiff applied to proceed in the District Court without prepaying fees or costs. [ECF No. 2]. Pursuant to 28 U.S.C. 1915, the court construes this application as a motion for leave to proceed in forma pauperis. See 28 U.S.C. 1915. A review of the motion reveals that Plaintiff should be relieved of the obligation to prepay the full filing fee. The motion for leave to proceed in forma pauperis is granted, subject to the court's right to require a payment if Plaintiff's financial condition changes, and to tax fees and costs against Plaintiff at the conclusion of this case if the court finds the case to be without merit. See Flint v. Haynes, 651 F.2d 970, 972-74 (4th Cir. 1981). Signed by Magistrate Judge Shiva V. Hodges on 2/16/24. (vhor)
February 16, 2024 Opinion or Order Filing 5 ORDER AND NOTICE Plaintiff may attempt to correct the defects in his complaint by filing an amended complaint by March 8, 2024, along with any appropriate service documents. Plaintiff is reminded an amended complaint replaces the original complaint and should be complete in itself. If Plaintiff fails to file an amended complaint or fails to cure the deficiencies identified above, the undersigned will recommend to the district court that the claims be dismissed without leave for further amendment. (Specific Document due by 3/8/2024.) Signed by Magistrate Judge Shiva V. Hodges on 2/16/2024. (lbak)
February 16, 2024 Opinion or Order Filing 4 PROPER FORM ORDER Case to be brought into proper form by 3/8/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Shiva V. Hodges on 2/16/2024. (lbak)
February 15, 2024 Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Marion L. Fernandes, Sr. Response to Motion due by 2/29/2024. 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 Envelopes 1 and 2, #2 Envelope 3) Motions referred to Shiva V. Hodges. (lbak)
February 15, 2024 Filing 1 COMPLAINT against Stephen Anderson, Cherokee County Detention Center, filed by Marion L. Fernandes, Sr. (Attachments: #1 Envelopes 1 and 2, #2 Envelope 3) (lbak)

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Plaintiff: Marion L. Fernandes, Sr.
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Defendant: Cherokee County Detention Center
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Defendant: Major Stephen Anderson
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Defendant: Sherille Wells
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