Moore v. Stirling et al
| Richard Bernard Moore |
| Bryan P Stirling, Alan Wilson and South Carolina Department of Corrections |
| 3:2020cv04084 |
| November 24, 2020 |
| US District Court for the District of South Carolina |
| Mary Geiger Lewis |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 2201 |
| None |
Docket Report
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| Document Text |
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| Filing 20 STIPULATION of Dismissal Without Prejudice by Richard Bernard Moore. (Mills, J) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Opposition to Motion for Injunctive Relief by Bryan P Stirling, South Carolina Department of Corrections . Response to Motion due by 12/14/2020. 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 Exhibit A: Justice 360's State Court Complaint, #2 Exhibit B: Moore's Petition for Original Jurisdiction to SC Supreme Court, #3 Exhibit C: Moore's Petition for Extraordinary Writs to SC Supreme Court, #4 Exhibit D: SC Supreme Court Order, #5 Exhibit E: SC Circuit Court Order)No proposed order.(Carroll, Matthew) Modified to edit text on 11/30/2020 (cbru, ). (Main Document 18 replaced on 11/30/2020) (cbru, ). Modified to add filer listed on document on 11/30/2020 (cbru, ). |
| Filing 16 RESPONSE in Opposition re #14 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Response filed by Alan Wilson.Reply to Response to Motion due by 12/7/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Smith, James) |
| Filing 14 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Richard Bernard Moore. Response to Motion due by 12/9/2020. 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 Exhibit 1 - Execution Protocols 1999-2008)No proposed order.(Paavola, Emily). Modified to add additional motion relief and to edit text on 11/30/2020 (cbru, ). |
| Filing 13 Additional Attachments to Main Document #1 Complaint,,,. First attachment description: Appendix - State Court Original Jurisdiction Pleadings . (Paavola, Emily) |
| Filing 7 TEXT ORDER: Pending before the Court is Plaintiff's complaint (ECF No. #1 ) in which he asks the Court to "[g]rant a preliminary injunction prohibiting...Defendants from carrying out, or attempting to carry out, [his] execution without providing him the information he has requested with sufficient notice of at least one month ahead of his scheduled execution date[;]" and to "[g]rant declaratory relief, as requested in [his] Complaint." Complaint at 27. As a general rule, when a party seeks these types of relief before trial, s/he files a motion for preliminary injunction and a motion for summary judgment for declaratory relief. Consequently, the Court sets the following briefing schedule: (1) Not later than 11:59 PM on November 25, 2020, Plaintiff shall file the appropriate motions for the relief he seeks; and (2) Not later than 12:00 Noon on November 30, 2020, Defendants shall file their responses to Plaintiff's motions. IT IS SO ORDERED. Entered at the direction of Honorable Mary Geiger Lewis on 11/24/2020. (bshr, ) |
| Filing 6 Summons Issued as to Alan Wilson. (bshr, ) |
| Filing 5 Summons Issued as to Bryan P Stirling. (bshr, ) |
| Filing 4 Summons Issued as to South Carolina Department of Corrections. (bshr, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Richard Bernard Moore.(bshr, ) |
| Filing 1 COMPLAINT against South Carolina Department of Corrections, Bryan P Stirling, Alan Wilson, filed by Richard Bernard Moore. Service due by 2/22/2021 (Attachments: #1 Exhibit 1 - McCracken Aff., #2 Exhibit 2 - Downing Aff., #3 Exhibit 3 - AG's Motion, SCSC, #4 Exhibit 4 - Moore Letter, #5 Exhibit 5 - SCDC Letter, #6 Exhibit 6 - J360 FOIA Request, #7 Exhibit 7 - FOIA Denial, #8 Exhibit 8 - AG Request and Execution Warrant, #9 Exhibit 9 - Moore Request Forms, #10 Exhibit 10 - Stay Denial, #11 Exhibit 11 - Colie Rushton Aff., #12 Exhibit 12 - Confidentiality Agreement, #13 Exhibit 13 - Emails between counsel, #14 Exhibit 14 - SCDC Notice forms signed, #15 Exhibit 15 - Friday Nov. 20th Letter)(bshr, ) Additional attachment filed as entry #13 on 11/25/2020 (cbru, ). |
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