Cabbagestalk v. Sumter County Sheriff's Department
| Ricardo M. Cabbagestalk and Ricardo Cabbagestalk |
| Sumter County Sheriff's Department, William Dyson, Thomas A. West, Anthony Dennis and Allen Jackson Barnes |
| 3:2023cv04582 |
| 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. ยง 1983 pr (Other) |
| None |
Docket Report
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| Filing 15 ***DOCUMENTS MAILED 13 Text Order on Motion for Leave to Proceed in forma pauperis and #14 REPORT AND RECOMMENDATION placed in U.S. Mail from Columbia Clerks Office to Ricardo Cabbagestalk, 1668-30-98, SCRDC, 1250 Winkles Rd., Sumter, SC 29153. (lbak) |
| Filing 14 REPORT AND RECOMMENDATION recommending this matter be dismissed without further leave for amendment. Objections to R&R due by 11/27/2023. 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. Signed by Magistrate Judge Shiva V. Hodges on 11/9/2023. (lbak) |
Filing 13
TEXT ORDER: Plaintiff applied to proceed in the District Court without prepaying fees or costs. [ECF No. 10]. 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 (as well as the motion in C/A No. 3:23-4581-SAL-SVH, which is signed) 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 11/9/23. (vhor)
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| Filing 10 MOTION for Leave to Proceed in forma pauperis (Restricted Access) 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 Envelope) Motions referred to Shiva V. Hodges. (lbak) |
| Filing 8 AMENDED COMPLAINT against William Dyson, Thomas A. West, Anthony Dennis, Allen Jackson Barnes, 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 one Form USM-285 placed in U.S. Mail from Columbia Clerks Office to Ricardo M. 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 #1 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 Sumter County Sheriff's Department, filed by Ricardo M. Cabbagestalk. (Attachments: #1 Envelope) (lbak) |
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