Cabbagestalk v. Ray et al
| Ricardo Cabbagestalk |
| Officer Dudley, Sumter County Sheriff's Deputies, Major Ray, Anthony Denise and Officer Dougley |
| 3:2023cv04581 |
| September 11, 2023 |
| US District Court for the District of South Carolina |
| Shiva V Hodges |
| Sherri A Lydon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 pr (Other) |
| None |
Docket Report
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| Filing 27 Summons Issued as to Dougley. Service due by 1/23/2024. (lbak) |
| Filing 26 ***DOCUMENT MAILED #25 Order 1983, placed in U.S. Mail from Columbia Clerks Office to Ricardo Cabbagestalk, 1250 Winkles Rd., Sumter, SC 29153. (lbak) |
Filing 25
ORDER authorizing service of process as to defendant Dougley only. 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 Shiva V. Hodges on 10/24/2023. (lbak)
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| Filing 24 ***DOCUMENT MAILED 23 Text Order on Motion to Appoint Counsel placed in U.S. Mail from Columbia Clerks Office to Ricardo Cabbagestalk, 1250 Winkles Rd., Sumter, SC 29153. (lbak) |
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Filing 23
TEXT ORDER denying #18 Motion to Appoint Counsel, as the court as previously denied Plaintiff's request for counsel at ECF No. 14. Signed by Magistrate Judge Shiva V. Hodges on 10/24/23. (vhor)
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| Filing 18 MOTION to Appoint Counsel by Ricardo Cabbagestalk. Response to Motion due by 10/30/2023. 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 Supporting Documents, #2 Envelope) Motions referred to Shiva V. Hodges. (lbak) |
| Filing 17 ***DOCUMENTS MAILED 13 Text Order on Motion for Leave to Proceed in forma pauperis, #14 Order on Motion to Appoint Counsel, #15 Proper Form Order, #16 REPORT AND RECOMMENDATION, one Summons and one Form USM-285 placed in U.S. Mail from Columbia Clerks Office to Ricardo Cabbagestalk, 1250 Winkles Rd., Sumter, SC 29153. (lbak) |
| Filing 16 REPORT AND RECOMMENDATION recommending Ray and Denise be summarily dismissed. Objections to R&R due by 10/17/2023. 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 10/3/2023. (lbak) |
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Filing 15
PROPER FORM ORDER Case to be brought into proper form by 10/17/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Shiva V. Hodges on 10/3/2023. (lbak)
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Filing 14
ORDER denying #10 Motion to Appoint Counsel. Signed by Magistrate Judge Shiva V. Hodges on 10/3/2023. (lbak)
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Filing 13
TEXT ORDER: Plaintiff applied to proceed in the District Court without prepaying fees or costs. [ECF No. 9]. Pursuant to 28 U.S.C. 1915, the court construes this application as a motion for leave to proceed in forma pauperis. See 28 U.S.C. 1915. A review of the motion reveals that Plaintiff should be relieved of the obligation to prepay the full filing fee. The motion for leave to proceed in forma pauperis is granted, subject to the court's right to require a payment if Plaintiff's financial condition changes, and to tax fees and costs against Plaintiff at the conclusion of this case if the court finds the case to be without merit. See Flint v. Haynes, 651 F.2d 970, 972-74 (4th Cir. 1981). Signed by Magistrate Judge Shiva V. Hodges on 10/3/23. (vhor)
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| Filing 10 MOTION to Appoint Counsel by Ricardo Cabbagestalk. Response to Motion due by 10/10/2023. 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 9 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Ricardo Cabbagestalk. Response to Motion due by 10/10/2023. 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 7 AMENDED COMPLAINT against Ray, Anthony Denise, Dougley, filed by Ricardo Cabbagestalk. (Attachments: #1 Supporting Documents, #2 Envelope) (lbak) |
| Filing 6 ***DOCUMENTS MAILED #4 Proper Form Order, #5 Order and Notice, one standard complaint form, one IFP Application, one Summons and two Forms USM-285 placed in U.S. Mail from Columbia Clerks Office to Ricardo Cabbagestalk, 1250 Winkles Rd., Sumter, SC 29153. (lbak) |
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Filing 5
ORDER AND NOTICE Plaintiff may attempt to correct the defects in his complaint by filing an amended complaint by October 10, 2023, along with any appropriate service documents. Plaintiff is reminded an amended complaint replaces the original complaint and should be complete in itself. If Plaintiff fails to file an amended complaint or fails to cure the deficiencies identified above, the undersigned will recommend the district judge dismiss the complaint without leave for further amendment. (Specific Document due by 10/10/2023.) Signed by Magistrate Judge Shiva V. Hodges on 9/19/2023. (lbak)
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Filing 4
PROPER FORM ORDER Case to be brought into proper form by 10/10/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Shiva V. Hodges on 9/19/2023. (lbak)
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| Filing 2 TRUE DIVISION FOR TRIAL: Columbia. (lbak) |
| Filing 1 COMPLAINT against Dudley, Sumter County Sheriff's Deputies, filed by Ricardo Cabbagestalk. (Attachments: #1 Envelope) (lbak) |
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