Jordan v. Darling et al
| Joshua Bryan Jordan |
| Richard M. Darling, Deparment of Corrections Division Office of Investigations and Intelligence (O.I.I.) and S.C. Department of Corrections Division Office of Investigations and Intelligence (O.I.I.) |
| 2:2023cv01137 |
| March 22, 2023 |
| US District Court for the District of South Carolina |
| Shiva V Hodges |
| David C Norton |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on May 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 11 ***DOCUMENTS MAILED 8 Text Order on Motion for Leave to Proceed in forma pauperis, #9 Order - 1983 - No Service and #10 REPORT AND RECOMMENDATION placed in U.S. Mail from Columbia Clerks Office to Joshua Bryan Jordan, 1005226293, Dorchester County Detention Center, 220 Hodge Road, Summerville, SC 29483. (lbak) |
| Filing 10 REPORT AND RECOMMENDATION recommending this case be dismissed without prejudice for failure to prosecute. Objections to R&R due by 5/17/2023. 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 Shiva V. Hodges on 5/3/2023. (lbak) |
Filing 9
ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Signed by Magistrate Judge Shiva V. Hodges on 5/3/2023. (lbak)
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Filing 8
TEXT ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Shiva V. Hodges on 5/3/2023. (lbak)
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| Filing 7 ***DOCUMENT MAILED 6 Order placed in U.S. Mail from Columbia Clerks Office to Joshua Bryan Jordan, 1005226293, Dorchester County Detention Center, 220 Hodge Road, Summerville, SC 29483. (lbak) |
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Filing 6
Rule to Show Cause Order: Plaintiff is directed to show cause by April 7, 2023, why the complaint in this case should not be dismissed as duplicative in light of Plaintiff's pending case, C/A No. 22-3521-DCN-SVH (Jordan I). Jordan I is currently stayed pending resolution of Plaintiff's criminal charges and the court has directed Plaintiff to notify the court when his criminal charges are resolved. Plaintiff indicates in the complaint filed in this case that his criminal charges have been resolved and appears to bring duplicative claims against Richard Darling and the S.C. Department of Corrections Division Office of Investigations and Intelligence in both case, all stemming from Plaintiff's February 23, 2022 arrest. Plaintiff has not notified the court as directed in Jordan I nor attempted to file an amended complaint in that case and has, instead, filed the instant complaint in this case. See Cottle v. Bell, 229 F.3d 1142 (4th Cir. 2000) ("Because district courts are not required to entertain duplicative or redundant lawsuits, they may dismiss such suits as frivolous pursuant to 1915(e).") (citing Aziz v. Burrows, 976 F.2d 1158, 1158 (8th Cir. 1992)); McWilliams v. State of Colo., 121 F.3d 573, 574 (10th Cir. 1997) ("'Repetitious litigation of virtually identical causes of action' may be dismissed under 1915 as frivolous or malicious.") (quoting Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988)). Signed by Magistrate Judge Shiva V. Hodges on 3/24/23. (vhor)
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| Filing 4 TRUE DIVISION FOR TRIAL: Charleston. (lbak) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Joshua Bryan Jordan. Response to Motion due by 4/5/2023. 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 Envelope) Motions referred to Shiva V. Hodges. (lbak) |
| Filing 1 COMPLAINT against Richard M. Darling, S.C. Deparment of Corrections Division Office of Investigations and Intelligence (O.I.I.), filed by Joshua Bryan Jordan. (Attachments: #1 Supporting Documents, #2 Declaration of Inmate Filing, #3 Declaration of Joshua Bryan Jordan Regarding Missing Tools, #4 Envelope) (lbak) |
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