Simmons v. Trent, MD
Plaintiff: Charles Simmons
Defendant: Peter S. Trent, MD and Peter Sheldon Trent
Case Number: 3:2024cv00105
Filed: January 8, 2024
Court: US District Court for the District of South Carolina
Presiding Judge: Jacquelyn D Austin
Referring Judge: Shiva V Hodges
2 Judge: Sherri A Lydon
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Medical Malpractice
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2024 Opinion or Order Filing 17 ***DOCUMENTS MAILED #15 REPORT AND RECOMMENDATION and 16 Transfer of Case Management, placed in U.S. Mail from Columbia Clerks Office to Charles Simmons, 1318 Harden St., Columbia, SC 29204. (lbak)
February 26, 2024 Opinion or Order Filing 16 ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Jacquelyn D Austin. Any future filings must be sent to the Clerk's Office at the following address: Carroll A. Campbell, Jr. U.S. Courthouse, 250 East North Street, Greenville, SC 29601. (lbak)
February 26, 2024 Opinion or Order Filing 15 REPORT AND RECOMMENDATION recommending this case be summarily dismissed without further leave to amend. Objections to R&R due by 3/11/2024. 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 2/26/2024. (lbak)
February 15, 2024 Opinion or Order Filing 14 ***DOCUMENT MAILED 13 Case Reassigned placed in U.S. Mail from Columbia Clerks Office to Charles Simmons, 1318 Harden St., Columbia, SC 29204. (lbak)
February 15, 2024 Opinion or Order Filing 13 Case Reassigned to Judge Honorable Jacquelyn D Austin. Judge Honorable Sherri A Lydon no longer assigned to the case. (dist, )
January 17, 2024 Opinion or Order Filing 11 ***DOCUMENTS MAILED 7 Text Order on Motion for Leave to Proceed in forma pauperis, #9 Proper Form Order, #10 Order and Notice, one standard complaint form, one Summons and one Form USM-285 placed in U.S. Mail from Columbia Clerks Office to Charles Simmons, 1318 Harden St., Columbia, SC 29204. (lbak)
January 17, 2024 Opinion or Order Filing 10 ORDER AND NOTICE Plaintiff may attempt to correct the defects in his #1 complaint by filing an amended complaint by February 7, 2024, 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 to the district court that the claims specified above be dismissed without leave for further amendment. (Specific Document due by 2/7/2024.) Signed by Magistrate Judge Shiva V. Hodges on 1/17/2024. (lbak)
January 17, 2024 Opinion or Order Filing 9 PROPER FORM ORDER Case to be brought into proper form by 2/7/2024. 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 1/17/2024. (lbak)
January 17, 2024 Opinion or Order Filing 7 TEXT ORDER: Plaintiff applied to proceed in the District Court without prepaying fees or costs. [ECF No. 3]. 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. Therefore, Plaintiff's motion for leave to proceed in forma pauperis is granted, subject to the courts 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 1/17/2024. (lbak)
January 8, 2024 Opinion or Order Filing 4 Local Rule 26.01 Answers to Interrogatories by Charles Simmons. (lbak)
January 8, 2024 Opinion or Order Filing 3 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Charles Simmons. Response to Motion due by 1/22/2024. 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. Motions referred to Shiva V. Hodges. (lbak)
January 8, 2024 Opinion or Order Filing 1 COMPLAINT against Peter S. Trent, MD, filed by Charles Simmons. (lbak)

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Defendant: Peter S. Trent, MD
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Defendant: Peter Sheldon Trent
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Plaintiff: Charles Simmons
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