Lynch, III v. Bibbs et al
| James Lynch, III |
| Byron Bibbs, Monica Norman, Dion Gaines and Annequeta Wideman |
| 2:2022cv02494 |
| August 1, 2022 |
| US District Court for the District of South Carolina |
| Joseph F Anderson |
| Mary Gordon Baker |
| Prison:Prison Condition |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 23 ***DOCUMENT MAILED 22 Order, placed in U.S. Mail from Charleston Clerk's Office to James Lynch, III 244917 Kirkland R&E SSR XBH-25 4344 Broad River Rd. Columbia, SC 29210. (dgar) |
| Filing 22 TEXT ORDER. In response to the Court's 15 Text Order issued 9/7/2022, Plaintiff has filed a #21 Letter clarifying that he intends to proceed with this matter in forma pauperis. Plaintiff explains that although he remains indigent, certain funds were recently made available to him, and the subsequent payment of $400.00 is therefore intended to cover whatever fees he incurred in filing this action. Accordingly, the Clerk of Court shall coordinate with the finance team to apply $350.00 to Plaintiff's outstanding filing fee, and return the remaining $50.00 to Plaintiff, who remains in forma pauperis at this time. Entered at the direction of Magistrate Judge Mary Gordon Baker on 09/20/2022. (msaw, ) |
| Filing 21 Letter from James Lynch. (Attachments: #1 Envelope)(apsn) |
| Filing 20 ***DOCUMENT MAILED 19 Order on Motion for Copies, copies of (Dkt. Nos. 1, 2, 3, 6, placed in U.S. Mail from Charleston Clerk's Office to James Lynch, III 244917 Kirkland R&E SSR XBH-25 4344 Broad River Rd. Columbia, SC 29210. (dgar) |
| Filing 19 TEXT ORDER granting #17 Motion for Copies. On September 8, 2022, the Court received a letter from Plaintiff in which he requests that the Court send him copies of his filings in this case to date. Plaintiff explains that he does not trust the prison officials to make copies for him. In the interests of justice and judicial efficiency, the undersigned ORDERS the Clerk of Court to send Plaintiff a courtesy copy of his: Complaint (Dkt. No. 1) and the attachments thereto; Motion to Proceed In Forma Pauperis (Dkt. No. 2); and Motion to Appoint Counsel (Dkt. No. 3.) Because some of Plaintiff's more recent filings indicate that hey may be confused regarding the status of his case, the undersigned further ORDERS the Clerk of Court to send Plaintiff another copy of the Court's subsequent Order authorizing service of process and collection of filing fee (Dkt. No. 6) and a copy of the current docket for clarification. The Court reminds Plaintiff that the Court incurs a cost in providing each of these copies and, moving forward, he must take care to maintain any legal filings or documents provided by this Court. The Clerk of Court will not provide any more copies, beyond the standard hardcopy mailed with each filing, absent extraordinary circumstances. Entered at the direction of Magistrate Judge Mary Gordon Baker on 09/09/2022.(kman) Modified on 9/12/2022 to edit docket text (dgar). |
| Filing 18 Letter from James Lynch. (Attachments: #1 Supporting Documents, #2 Envelope)(dgar) |
| Filing 17 MOTION for Copies at no expense by James Lynch, III. Response to Motion due by 9/22/2022. 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.(dgar) (Additional attachment(s) added on 9/8/2022: #2 additional attachment, #3 additional attachment envelope) (dgar, ). |
| Filing 16 ***DOCUMENT MAILED 15 Order, placed in U.S. Mail from Charleston Clerk's Office to James Lynch, III 244917 Kirkland R&E SSR XBH-25 4344 Broad River Rd. Columbia, SC 29210. (dgar) |
| Filing 15 TEXT ORDER. On August 1, 2022, Plaintiff filed an #2 application to proceed without prepayment of fees, which is construed as a motion for leave to proceed in forma pauperis. See 28 U.S.C. 1915(a)(1), (2). On August 24, 2022, the undersigned issued an #6 order finding, based on the application, that Plaintiff did not have sufficient funds to pay the filing fee and granting his motion to proceed in forma pauperis. The undersigned then authorized service of process and informed Plaintiff that by filing this case, he incurred a debt to the United States of America in the amount of $350.00. See 28 U.S.C. 1914. The undersigned further explained that the agency having custody of Plaintiff would be responsible for collecting payments from Plaintiffs prisoner trust account until the full $350.00 filing fee was paid. Notwithstanding the above, on September 2, 2022, the Court received $400.00 from Plaintiff. (Receipt No. SCX 600009299.) Given that the undersigned already granted Plaintiff's request to proceed without prepayment of fees, the purpose of this payment is somewhat unclear. To the extent Plaintiff is still indigent and simply wishes to apply this payment towards the debt he incurred in filing this action, he need only pay the $350.00 fee noted above. See 28 U.S.C. 1914. However, to the extent Plaintiff sent the $400.00 because he is no longer indigent and wishes to rescind his motion to proceed in forma pauperis, he must pay the standard $350.00 filing fee and an additional $52.00 administrative fee set by the Judicial Conference for non-indigent plaintiffs only (amounting to a total of $402.00). Accordingly, the undersigned hereby directs Plaintiff to file a response within twenty-one days of the date this order is entered, plus three days for mail time, clarifying the purposes of his $400.00 payment. If Plaintiff no longer wishes to proceed in forma pauperis, his response should include $2.00 to cover the remaining balance of the $52.00 administrative fee for non-indigent litigants. If Plaintiff wishes to continue this action in forma pauperis (meaning, he is not responsible for the $52.00 administrative fee), the Court will apply $350.00 of his $400.00 payment to satisfy the filing fee and return the surplus $50.00 to Plaintiff. If the undersigned does not receive a response within the time permitted by this order, the Court will proceed under the latter approach and use the payment to settle Plaintiff's outstanding $350 filing fee. Entered at the direction of Magistrate Judge Mary Gordon Baker on 09/07/2022. (msaw, ) |
| Filing 14 Filing fee: $ 400.00, receipt number SCX600009299 (dgar) |
| Filing 13 ***DOCUMENTS RE-MAILED #6 Order 1983, 7 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion to Appoint Counsel, #1 Complaint, #8 Summons Issued NEF placed in U.S. Mail from Charleston Clerk's Office to James Lynch, III 244917 Kirkland R&E 4344 Broad River Rd. Columbia, SC 29210. (dgar) |
| Filing 12 Letter from James Lynch. (Attachments: #1 Envelope)(dgar) |
| Filing 11 ***DOCUMENT MAILED #6 Order 1983, 7 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion to Appoint Counsel, #8 Summons Issued NEF placed in U.S. Mail from Charleston Clerk's Office to James Lynch, III 244917 Kirkland R&E SSR XBH-25 4344 Broad River Rd. Columbia, SC 29210. (dgar) |
| Filing 8 Summons Issued as to Byron Bibbs, Dion Gaines, James Lynch, III, Monica Norman, Annequeta Wideman. Service due by 11/22/2022.(dgar) |
Filing 7
REFERENCE ORDER #6 granting #2 Motion for Leave to Proceed in forma pauperis; denying #3 Motion to Appoint Counsel. Signed by Magistrate Judge Mary Gordon Baker on 8/24/2022.(dgar)
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Filing 6
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 Mary Gordon Baker on 8/24/2022. (dgar)
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| Filing 3 MOTION to Appoint Counsel by James Lynch, III. Response to Motion due by 8/15/2022. 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. Motions referred to Mary Gordon Baker.(dgar) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by James Lynch, III. Response to Motion due by 8/15/2022. 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. Motions referred to Mary Gordon Baker.(dgar) |
| Filing 1 COMPLAINT against Byron Bibbs, Dion Gaines, Monica Norman, Annequeta Wideman, filed by James Lynch, III. (Attachments: #1 Cover Letter, #2 Supporting Documents, #3 Envelope)(dgar) |
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