Wilson v. Kimbrell et al
| James Abdula Wilson |
| Officer Kimbrell, Warden Lite, Officer Sherdy, Captain Harouff, Warden Palmer and Warden Chandler |
| 4:2020cv00051 |
| January 6, 2020 |
| US District Court for the District of South Carolina |
| R Bryan Harwell |
| Thomas E Rogers |
| Prison:Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 21 ***DOCUMENT MAILED: 20 TEXTOrder on Motion for Extension of Time placed in U.S. Mail from Florence Clerks Office to James Abdula Wilson, #339674, LCI, 990 Wisacky Hwy., Bishopville, SC, 29010 (dsto, ) |
Filing 20
TEXT ORDER granting #17 Motion for Extension: On February 24, 2020, the Court entered an order summarily dismissing this case without prejudice because Plaintiff failed to comply with the Magistrate Judge's order requiring him to bring this case into proper form by February 18, 2020, by filing completed summonses and Forms USM-285. See ECF Nos. #6 & #11 . The Clerk entered judgment that same day. See ECF No. #13 . On February 26, 2020 (filing date under Houston v. Lack, 487 U.S. 266 (1988) (prison mailbox rule)), Plaintiff filed the instant motion seeking an extension of time to bring this case into proper form, and he also submitted the completed summonses and Forms USM-285. See ECF Nos. 15 & #17 . Based on the timing of the motion, the Court construes it as one made pursuant to Federal Rule of Civil Procedure 59(e). See Dove v. CODESCO, 569 F.2d 807, 809 (4th Cir. 1978) ("[I]f a post-judgment motion is filed within 28 days of the entry of judgment and calls into question the correctness of that judgment it should be treated as a motion under Rule 59(e), however it may be formally styled."); In re Burnley, 988 F.2d 1, 2 (4th Cir. 1992) (same). Rule 59(e) provides for "an extraordinary remedy that should be applied sparingly." Mayfield v. NASCAR, 674 F.3d 369, 378 (4th Cir. 2012). A Rule 59(e) motion "can be successful in only three situations: (1) to accommodate an intervening change in controlling law; (2) to account for new evidence; or (3) to correct a clear error of law or prevent manifest injustice." Wojcicki v. SCANA/SCE&G, 947 F.3d 240, 246 (4th Cir. 2020) (ellipsis omitted). In his motion, Plaintiff---a state prisoner proceeding pro se---indicates he was transferred to various prisons during the month of February, thereby delaying receipt of his mail and property. To "prevent manifest injustice," see id., the Court GRANTS Plaintiff's #17 motion and VACATES the judgment pursuant to Rule 59(e). The Court refers this matter to the Magistrate Judge for further proceedings. Signed by Chief Judge R. Bryan Harwell on 3/5/2020.(eney, )
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| Filing 19 NOTICE of Change of Address by James Abdula Wilson (Attachments: #1 Envelope)(dsto, ) |
| Filing 18 ***DOCUMENTS RE-MAILED: #13 Judgment w/NEF, #11 Order Dismissing Case w/NEF placed in U.S. Mail from Florence Clerks Office to James Abdula Wilson, #339674, LCI, 990 Wisacky Hwy., Bishopville, SC, 29010 (dsto, ) |
| Filing 17 MOTION for Extension of Time to File Response to #6 Proper Form Order, by James Abdula Wilson. Response to Motion due by 3/19/2020. 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)No proposed order.(dsto, ) |
| Filing 14 ***DOCUMENT MAILED: #13 Judgment w/NEF, #11 Order Dismissing Case w/NEF placed in U.S. Mail from Florence Clerks Office to James Abdula Wilson, #339674, PCI, 430 Oaklawn Rd., Pelzer, SC, 29669 (dsto, ) |
| Filing 13 JUDGMENT by the clerk. This case is dismissed without prejudice. (dsto, ) |
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Filing 11
ORDER DISMISSING CASE. This case is dismissed without prejudice. Signed by Chief Judge R Bryan Harwell on 02/24/2020. (dsto, )
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| Filing 8 ***DOCUMENTS MAILED: #6 Proper Form Order w/NEF, 7 Order on Motion for Leave to Proceed in forma pauperis, six Summons, and six USM-285 Forms, placed in U.S. Mail from Florence Clerk's Office to James Abdula Wilson, #339674, Perry Correctional Institution, 430 Oaklawn Road, Pelzer, SC 29669. (prou, ) |
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Filing 7
ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #6 Proper Form Order. Signed by Magistrate Judge Thomas E Rogers, III on 1/24/2020.(prou, )
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Filing 6
PROPER FORM ORDER: Case to be brought into proper form by 2/14/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Thomas E Rogers, III on 1/24/2020. (prou, )
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| Filing 3 TRUE DIVISION FOR TRIAL: Anderson/Greenwood. (dsto, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by James Abdula Wilson. Response to Motion due by 1/21/2020. 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 Financial Certificate)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) |
| Filing 1 COMPLAINT against Warden Chandler, Captain Harouff, Officer Kimbrell, Warden Lite, Warden Palmer, Officer Sherdy, filed by James Abdula Wilson. Service due by 4/7/2020. (Attachments: #1 Supporting Documents, #2 Envelope)(dsto, ) |
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