Johnson v. Kinard

Johnson v. Kinard

Plaintiff:	Chadwick Wayne Johnson
Defendant:	Joe Kinard
Case Number:	4:2016cv01039
Filed:	March 31, 2016
Court:	US District Court for the District of South Carolina
Office:	Florence Office
County:	Darlington
Presiding Judge:	R Bryan Harwell
Presiding Judge:	Kaymani D West
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
March 8, 2018	Filing 93 ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts and incorporates by reference the Magistrate Judge's R & R [ECF No. 80 ]. Accordingly, the Court GRANTS IN PART AND DENIES IN PART Defendant's motion fo r summary judgment [ECF No. 70 ], DENIES Plaintiff's motion to amend [ECF No. 86 ], and GRANTS Plaintiff's motion to appoint counsel [ECF No. 87 ]. This case shall proceed solely as to Plaintiff's § 1983 excessive force claim asserted against Defendant in his individual capacity.The Court hereby APPOINTS Derek Shoemake, Esquire, of the Simmons Law Firm, in Columbia, South Carolina, to represent Plaintiff and DIRECTS the Clerk to send a copy of this Order to both Mr. Shoemake and Plaintiff. Within thirty days, Mr. Shoemake shall contact Plaintiff, who is incarcerated at the Kirkland Correctional Institution in Columbia, South Carolina. Mr. Shoemake shall have access to court filings on ECF and shall consul t with opposing counsel (Lisa Thomas, Esquire) within a reasonable period of time regarding (1) the need for any limited discovery by Mr. Shoemake, (2) the mediation of the case, and (3) the submission of a short proposed consent scheduling order, which should include deadlines for limited discovery (if any) and mediation. The proposed consent scheduling order shall be submitted as soon as possible. Mr. Shoemake and Ms. Thomas shall promptly contact Magistrate Judge Thomas E. Rogers, III, regarding his availability to mediate this case. Signed by Honorable R Bryan Harwell on 3/8/2018. (prou, )

Date Filed

Document Text

March 8, 2018

Filing 93 ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts and incorporates by reference the Magistrate Judge's R & R [ECF No. 80 ]. Accordingly, the Court GRANTS IN PART AND DENIES IN PART Defendant's motion fo r summary judgment [ECF No. 70 ], DENIES Plaintiff's motion to amend [ECF No. 86 ], and GRANTS Plaintiff's motion to appoint counsel [ECF No. 87 ]. This case shall proceed solely as to Plaintiff's § 1983 excessive force claim asserted against Defendant in his individual capacity.The Court hereby APPOINTS Derek Shoemake, Esquire, of the Simmons Law Firm, in Columbia, South Carolina, to represent Plaintiff and DIRECTS the Clerk to send a copy of this Order to both Mr. Shoemake and Plaintiff. Within thirty days, Mr. Shoemake shall contact Plaintiff, who is incarcerated at the Kirkland Correctional Institution in Columbia, South Carolina. Mr. Shoemake shall have access to court filings on ECF and shall consul t with opposing counsel (Lisa Thomas, Esquire) within a reasonable period of time regarding (1) the need for any limited discovery by Mr. Shoemake, (2) the mediation of the case, and (3) the submission of a short proposed consent scheduling order, which should include deadlines for limited discovery (if any) and mediation. The proposed consent scheduling order shall be submitted as soon as possible. Mr. Shoemake and Ms. Thomas shall promptly contact Magistrate Judge Thomas E. Rogers, III, regarding his availability to mediate this case. Signed by Honorable R Bryan Harwell on 3/8/2018. (prou, )

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Plaintiff: Chadwick Wayne Johnson
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Defendant: Joe Kinard
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