Wilson v. Berkeley County et al
Mohammad Nathaniel Wilson |
Berkeley County and City of Hanahan Police Department |
2:2020cv03567 |
October 9, 2020 |
US District Court for the District of South Carolina |
Mary Gordon Baker |
Bruce Howe Hendricks |
Prisoner: Civil Rights |
42 U.S.C. § 1983 |
Both |
Docket Report
This docket was last retrieved on August 17, 2021. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 18 ***DOCUMENT MAILED 17 Order on Motion for an Expedited hearing, placed in U.S. Mail from Charleston Clerks Office to Mohammad Nathaniel Wilson 1901 Gumwood Boulevard, Apt F North Charleston, SC 29406 (hada, ) |
Filing 17 TEXT ORDER This matter is before the court on a motion for an expedited hearing, filed by Plaintiff on November 24, 2020. (Dkt. No. 16.) Plaintiff states that he would like the Court to contact him to discuss a "settlement proposal." Plaintiff's motion is denied. To the extent that Plaintiff moves for a speedy trial, the undersigned directs Plaintiff to her November 19, 2020 order. Furthermore, the undersigned notes that the Court does not participate in settlement negotiations. Should Plaintiff wish to settle his case, Plaintiff should discuss the matter with Defendants. Furthermore, Plaintiff has filed a document stating that he consents to this case being assigned to the undersigned permanently. The undersigned notes that before she takes assignment of this case, Defendants must also consent to such an assignment. Entered at the direction of Magistrate Judge Mary Gordon Baker on 11/30/2020.(hada, ) |
Filing 16 MOTION for a Declaration of readiness to proceed to expedited hearing by Mohammad Nathaniel Wilson. Response to Motion due by 12/8/2020. 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 Cover Letter, #2 Envelope)Motions referred to Mary Gordon Baker.(hada, ) |
Filing 15 CONSENT to Jurisdiction by US Magistrate Judge by Mohammad Nathaniel Wilson. (Attachments: #1 Envelope)(hada, ) |
Filing 14 ***DOCUMENT MAILED 13 Order on Motion for Miscellaneous Relief, placed in U.S. Mail from Charleston Clerks Office to Mohammad Nathaniel Wilson 1901 Gumwood Boulevard, Apt F North Charleston, SC 29406 (hada, ) |
Filing 13 TEXT ORDER On September 9, 2020, Muhammad Wilson ("Plaintiff") filed this civil action in the Berkeley County, South Carolina Court of Common Pleas against Berkeley County, South Carolina and the City of Hanahan, South Carolina ("Defendants"). (Dkt. No. 1.) Defendants removed this action to federal court on October 9, 2020. (Id.) Plaintiff brings causes of action for malicious prosecution, false arrest, intentional infliction of emotional distress, libel, and slander. (Dkt. No. 1-1 at 11.) Plaintiff proceeds pro se and is not a prisoner or a pre-trial detainee. This matter is before the Court on a Motion for Speedy Trial, filed by Plaintiff on November 10, 2020. (Dkt. No. 12.) Plaintiff asserts that this case has not been set for trial. Plaintiff asserts that it is in his "best interest" to try his case soon and that it is his "constitutional right" [sic] to have a speedy trial. Therefore, Plaintiff is presumably referencing the Sixth Amendment to the Constitution and the Speedy Trial Act, 18 U.S.C.A. 3161. As an initial matter, the undersigned notes that an individual's right to a speedy trial is only guaranteed in criminal matters, not civil matters. See U.S. Const. amend. VI ("In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.")(emphasis added); see also Robinson v. SC Dep't of Pub. Safety, No. 8:05-CV-3198-SB-JDA, 2011 WL 1225727, at *1 (D.S.C. Feb. 28, 2011), report and recommendation adopted sub nom. Robinson v. S.C. Dep't of Pub. Safety, No. 8:05-CV-3198-SB, 2011 WL 1287937 (D.S.C. Mar. 31, 2011)("The Federal Speedy Trial Act, like the Sixth Amendment, applies to criminal prosecutions...the Federal Speedy Trial Act also provides no basis for relief in this civil case...."). Furthermore, a scheduling order was entered in this matter on October 19, 2020. (Dkt. No. 5.) Accordingly, Plaintiff"s motion is denied. Entered at the direction of Magistrate Judge Mary Gordon Baker on 11/19/2020.(hada, ) |
Filing 12 MOTION for a Speedy Trial by Mohammad Nathaniel Wilson. Response to Motion due by 11/24/2020. 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 Mary Gordon Baker.(hada, ) |
Filing 11 Local Rule 26.01 Answers to Interrogatories by Mohammad Nathaniel Wilson. (Attachments: #1 Envelope)(hada, ) |
Filing 10 ***DOCUMENT MAILED #9 Order with required documents, placed in U.S. Mail from Charleston Clerks Office to Mohammad Nathaniel Wilson 1901 Gumwood Boulevard, Apt F North Charleston, SC 29406 (hada, ) |
Filing 9 ORDER Plaintiff is directed to submit fully completed and signed answers to the Court's interrogatories pursuant to Local Civil Rule 26.01 (D.S.C.), which are attached to this order, within twenty-one days from the date this Order is entered (plus three days for mail time). Signed by Magistrate Judge Mary Gordon Baker on 10/23/2020. (Attachments: #1 Local Civil Rule 26.01 (D.S.C.))(hada, ) |
Filing 6 ***DOCUMENT MAILED #5 Scheduling Order, placed in U.S. Mail from Charleston Clerks Office to Mohammad Nathaniel Wilson 1901 Gumwood Boulevard, Apt F North Charleston, SC 29406 (hada, ) |
Filing 5 SCHEDULING ORDER Rule 26(f) Conference Deadline 11/18/2020, Plaintiffs ID of Expert Witness due by 12/18/2020, Defendants ID of Expert Witnesses Due by 1/19/2021, Records Custodian Affidavit due by 1/19/2021, Discovery due by 2/18/2021, Motions due by 4/19/2021, Mediation Due by 3/22/2021. Signed by Magistrate Judge Mary Gordon Baker on 10/19/2020. (hada, ) |
Filing 4 ANSWER to Complaint by Berkeley County, City of Hanahan Police Department.(Ganes, Elloree) |
Filing 3 Local Rule 26.01 Answers to Interrogatories by Berkeley County, City of Hanahan Police Department.(hada, ) |
Filing 1 NOTICE OF REMOVAL from Berkeley County Court of Common Pleas, case number 2020CP0801987. (Filing fee $ 400 receipt number 0420-9399034), filed by Berkeley County, City of Hanahan Police Department. (Attachments: #1 State Court Documents, #2 Certificate of Service)(hada, ) Modified docket text to correct filer on 10/13/2020 (hada, ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the South Carolina District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.