Dubois v. South Carolina Department of Corrections et al
| Cleve C. Dubois |
| Berkeley County Detention Center, State of South Carolina, South Carolina Department of Corrections, Berkeley County Sheriff's Department, Hill-Finklea Detention Center and Berkeley County |
| 2:2022cv03910 |
| November 4, 2022 |
| US District Court for the District of South Carolina |
| Molly H Cherry |
| Richard M Gergel |
| Bruce Howe Hendricks |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Fed. Question: Civil Rights Violation |
| Both |
Docket Report
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This docket was last retrieved on December 7, 2022. A more recent docket listing may be available from PACER.
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Filing 15
***DOCUMENT E-MAILED #13 Order on Report and Recommendation, Motion to Remand to State Court, to Clerk of Court, Charleston County Court of Common Pleas ***DOCUMENT MAILED certified filed copy of #13 Order on Report and Recommendation, Motion to Remand to State Court, placed in U.S. Mail from Charleston Clerks Office to Clerk of Court, Charleston County Court of Common Pleas, 100 Broad St Ste 106, Charleston, SC 29401-2210 (sshe, )
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Filing 13
ORDER AND OPINION The Court adopts #12 the R & R of Magistrate Judge Molly H Cherry as the order of the Court and GRANTS #11 Plaintiff's Consent Motion. Defendants State of South Carolina, Berkeley County, and the Berkeley County Detention Center A/K/A Hill-Finklea Detention Center are DISMISSED from this action, all federal claims are DISMISSED, and the case is REMANDED to the Charleston County Court of Common Pleas. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Signed by Honorable Richard M Gergel on 12/7/22.(sshe, )
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Filing 12
REPORT AND RECOMMENDATION of Magistrate Judge Molly H Cherry. It is RECOMMENDED that 11 Consent Motion to Dismiss All Federal Causes of Action and Certain Defendants and to Remand be GRANTED; that Defendants State of South Carolina, Berkeley County, and the Berkeley County Detention Center A/K/A Hill-Finklea Detention Center be DISMISSED from this action; that all Federal Claims asserted in this action be DISMISSED; and that this case be REMANDED to the state court where the action was originally filed. Objections to R&R due by 12/2/2022 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. Signed by Magistrate Judge Molly H Cherry on 11/18/2022. (apsn)
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Filing 11
First MOTION to Remand to State Court ;Dismiss all Federal Causes of Action and Dismiss Certain Defendants by Cleve C. Dubois. Response to Motion due by 11/30/2022. 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. No proposed order.Motions referred to Molly H Cherry.(Wigger, Jarrel)
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Filing 10
ANSWER to Complaint by South Carolina Department of Corrections.(Dorsel, Christopher)
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Filing 9
Case Reassigned to Honorable Richard M Gergel. Honorable Bruce Howe Hendricks no longer assigned to the case. (bshr, )
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Filing 8
Local Rule 26.01 Answers to Interrogatories by South Carolina Department of Corrections, State of South Carolina.(Dorsel, Christopher)
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Filing 7
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by South Carolina Department of Corrections, State of South Carolina. Response to Motion due by 11/28/2022. 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 Memo in Support)No proposed order.Motions referred to Molly H Cherry.(Dorsel, Christopher)
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Filing 5
MOTION to Dismiss by Berkeley County, Berkeley County Detention Center. Response to Motion due by 11/18/2022. 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 Memorandom in suport of Motion)Motions referred to Molly H Cherry.(apsn)
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Filing 3
ANSWER by Berkeley County Sheriff's Department. (apsn)
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Filing 2
Local Rule 26.01 Answers to Interrogatories by Berkeley County, Berkeley County Detention Center, Berkeley County Sheriff's Department.(apsn)
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Filing 1
NOTICE OF REMOVAL from CHARLESTON - COMMON PLEAS, case number 2022CP1004521. (Filing fee $ 402 receipt number ASCDC-10787719, filed by Berkeley County Sheriff's Department, Berkeley County Detention Center, Berkeley County. (Attachments: #1 Exhibit 1, #2 State Court Documents, #3 Certificate of Service)(apsn) (Attachment 2 replaced on 11/7/2022) (apsn, ).
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