Henry v. Dean et al
| John Henry |
| South Carolina Department of Corrections and AM Dean |
| 4:2013cv01947 |
| July 16, 2013 |
| US District Court for the District of South Carolina |
| Florence Office |
| Richland |
| Mary G Lewis |
| Thomas E Rogers |
| Prison:Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights, State Filers |
| Defendant |
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Filing
30
ORDER RULING ON REPORT AND RECOMMENDATION. The Court adopts and incorporates the Report and Recommendation by reference in this Order. This matter is REMANDED to the Court of Common Pleas for Richland County, South Carolina. The Clerk of this Court is directed to forward the file along with a certified copy of this Order to the Clerk of Court for Richland County. Signed by Honorable Mary G Lewis on 10/30/2013. (dsto, )
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Filing
18
Order: IT IS ORDERED that Plaintiff shall clarify to the Court, in writing, within fourteen (14) days of the date of this Order, whether, in his state court complaint, he is only pursing claims under South Carolina state law o r if he is pursing any claims under federal law. If Plaintiff advises the Court that he is only pursuing claims under South Carolina law, this case may be remanded to state court. If Plaintiff advises the Court that he is only or also pursuing claims under 42 U.S.C. § 1983 for violations of his federal constitutional rights, this case will progress in this Court in the usual manner. Defendants may file a response to Plaintiff's response within seven (7) days of the filing of Pla intiff's response in this case. IT IS FURTHER ORDERED that the parties shall disregard the Scheduling Order that was prematurely entered in this case and which is, hereby, vacated. ECF No. 8 . The Clerk of Court is directed to vacate the Schedu ling Order currently on the docket and to withhold issuance of any other order in this case based on Defendants' Answer, ECF No. 4 , until further direction from the undersigned. IT IS SO ORDERED. Signed by Magistrate Judge Thomas E Rogers, III on 8/26/2013. (mcot, )
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