Johnson v. Sterling et al
| Davanta T. Johnson |
| Brian Sterling, Mr. Charles Williams, John Palmer, Amy Enloe and Bryan Stirling |
| 2:2023cv00318 |
| January 23, 2023 |
| US District Court for the District of South Carolina |
| Mary Gordon Baker |
| Bruce Howe Hendricks |
| Prison:Prison Condition |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 16 OBJECTION to #12 Report and Recommendation by All Defendants. Reply to Objections due by 4/4/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Certificate of Service)(Burton, Stephanie) |
| Filing 15 Local Rule 26.01 Answers to Interrogatories by Davanta T. Johnson. (Attachments: #1 Certificate of Service, #2 Envelope)(dgar) |
| Filing 14 MOTION for Protective Order by Amy Enloe, John Palmer, Bryan Stirling, Charles Williams. Response to Motion due by 3/27/2023. 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 of Stephanie H. Burton, #2 Exhibit A - Plaintiff's Discovery Requests, #3 Certificate of Service)No proposed order.Motions referred to Mary Gordon Baker.(Burton, Stephanie) |
| Filing 13 ***DOCUMENT MAILED #12 REPORT AND RECOMMENDATION re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles Williams, Bryan Stirling, John Palmer, Amy Enloe placed in U.S. Mail from Charleston Clerk's Office to Davanta T. Johnson 386285 Perry Correctional Institution 430 Oaklawn Rd. Pelzer, SC 29669. (dgar) |
| Filing 12 REPORT AND RECOMMENDATION: The undersigned RECOMMENDS the Court GRANTDefendants' Motion to Dismiss (Dkt. No. 6) due to Plaintiff's failure to exhaust his administrative remedies. ALTERNATIVELY, should the Court disagree, the undersigned RECOMMENDS the Court GRANT IN PART AND DENY IN PART Defendants' Motion to Dismiss (Dkt. No. 6). Plaintiff's claims against Defendant Stirling under 1983 and state law should be dismissed as well as his 1983 claim against Defendant Enloe for deliberate indifference to his conditions ofconfinement. Plaintiff's 1983 claims for deliberate indifference to a serious medical need and deliberate indifference to conditions of confinement should remain pending against Defendants Palmer and Williams, as well as his claims against these defendants under South Carolina law. The surviving 1983 conditions of confinement claim should be limited to those allegations based onPlaintiff's concrete bed and his resulting injuries. Objections to R&R due by 3/21/2023. 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 Mary Gordon Baker on 3/7/2023. (dgar) |
| Filing 11 REPLY to Response to Motion re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Amy Enloe, John Palmer, Bryan Stirling, Charles Williams. (Attachments: #1 Certificate of Service)(Burton, Stephanie) |
| Filing 9 RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response filed by Davanta T. Johnson. Reply to Response to Motion due by 2/17/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents, #2 Envelope)(dgar) |
| Filing 8 ***DOCUMENT MAILED #7 Roseboro Order, placed in U.S. Mail from Charleston Clerk's Office to Davanta T. Johnson 386285 Perry Correctional Institution 430 Oaklawn Rd. Pelzer, SC 29669. (dgar) |
Filing 7
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response to Motion due by 3/3/2023. 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 Mary Gordon Baker on 1/31/2023. (dgar)
|
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Amy Enloe, John Palmer, Bryan Stirling, Charles Williams. Response to Motion due by 2/13/2023. 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, #2 Affidavit of Felecia McKie, #3 Exhibit A - Grievance List, #4 Exhibit B - July 11, 2022 Grievance PCI-0373-22, #5 Exhibit C - September 6, 2022 Grievance PCI-0510-22, #6 Certificate of Service)No proposed order.Motions referred to Mary Gordon Baker.(Burton, Stephanie) |
| Filing 5 ***DOCUMENT MAILED #4 Order, placed in U.S. Mail from Charleston Clerk's Office to Davanta T. Johnson 386285 Perry Correctional Institution 430 Oaklawn Rd. Pelzer, SC 29669. (dgar) |
|
Filing 4
ORDER: Any future filings in this case must be sent to the Clerk of Court, Post Office Box 835, Charleston, South Carolina 29402. You are ordered to always keep the Clerk of Court advised in writing (Post Office Box 835, Charleston, South Carolina 29402). If as a result of your failure to comply with this Order, you fail to meet a deadline set by this Court, your case may be dismissed for violating this Order. Signed by Magistrate Judge Mary Gordon Baker on 1/24/2023. (dgar, )
|
| Filing 2 DEFENDANTS' Local Rule 26.01 Answers to Interrogatories by Amy Enloe, John Palmer, Brian Sterling, Charles Williams.(dgar) |
| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas for the State of South Carolina, Greenville County, case number 2022-CP-23-06073. (Filing fee $ 402 receipt number ASCDC-10905888), filed by John Palmer, Amy Enloe, Charles Williams, Brian Sterling. (Attachments: #1 Exhibit State Court Documents)(dgar) (Additional attachment(s) added on 1/24/2023: #2 Certificate of Service) (dgar, ). |
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.
