Cox v. Stirling et al
| Chavis Cox and Chavis Laranzo Cox |
| Bryan Stirling, Joel Anderson, Dennis Patterson, Joseph Stines, Stacey Richardson, Esther Labrador, Terrie Wallace, Jana Hollis, Sherry Mackey, Stephanie Skewes, Brandon Byrd, Anthony Whittington, LaShawn Peeples, Willie Ocean and Clinton Parker |
| 4:2021cv03797 |
| November 19, 2021 |
| US District Court for the District of South Carolina |
| Mary Geiger Lewis |
| Thomas E Rogers |
| Prison:Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 AMENDED COMPLAINT against Joel Anderson, Brandon Byrd, Jana Hollis, Esther Labrador, Sherry Mackey, Willie Ocean, Clinton Parker, Dennis Patterson, LaShawn Peeples, Stacey Richardson, Stephanie Skewes, Joseph Stines, Bryan Stirling, Terrie Wallace, Anthony Whittington, filed by Chavis Cox. Service due by 3/28/2022. (Attachments: #1 Supporting Documents, #2 Envelope)(dsto, ) |
| Filing 13 ***DOCUMENT MAILED: 11 Text Order, 12 Text Order on Motion to Appoint Counsel, and receipt for PLRA payment of $81.30 placed in U.S. Mail from Florence Clerks Office to Chavis Cox, #327335, KCI, 4344 Broad River Road, Columbia, SC, 29210 (dsto, ) |
Filing 12
TEXT ORDER denying #10 Motion to Appoint Counsel. Plaintiff's Motion to Appoint Counsel is denied. This action has been filed by the Plaintiff, pro se, pursuant to 42 U.S.C. 1983, alleging a violation of his constitutional rights. There is no right to appointed counsel in 1983 cases. Cf. Hardwick v. Ault, 517 F.2d 295, 298 (5th Cir. 1975). While the court is granted the power to exercise its discretion to appoint counsel for an indigent in a civil action, 28 U.S.C. 1915(e)(1); Smith v. Blackledge, 451 F.2d 1201 (4th Cir. 1971), such appointment "should be allowed only in exceptional cases." Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975). Plaintiff has not shown that any exceptional circumstances exist in this case. This is a typical complaint seeking to pursue civil cases pro se in federal court, and after a review of the file, this court has determined that there are no exceptional or unusual circumstances presented which would justify the appointment of counsel, nor would Plaintiff be denied due process if an attorney were not appointed. Whisenant v. Yuam, 739 F.2d 160 (4th Cir. 1984). In most civil rights cases, the issues are not complex, and whenever such a case brought by an uncounseled litigant goes to trial, the court outlines proper procedure so the uncounseled litigant will not be deprived of a fair opportunity to present his or her case. Signed by Magistrate Judge Thomas E Rogers, III on 12/07/2021.(dsto, )
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Filing 11
TEXT ORDER: On December 6, 2021, the Court granted Plaintiff in forma pauperis status in this action. By filing this case, Plaintiff has incurred a debt to the United States of America in the amount of $350. See 28 U.S.C. 1914. 28 U.S.C. 1915(a) and (b) provides a prisoner is required to pay the full amount of the filing fee as funds are available. The Clerk is directed to accept payments up to the amount of $350 in this action. Signed by Magistrate Judge Thomas E Rogers, III on 12/07/2021. (dsto, )
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| Filing 10 MOTION to Appoint Counsel by Chavis Cox. Response to Motion due by 12/21/2021. 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.Motions referred to Thomas E Rogers, III.(dsto, ) |
| Filing 9 ***DOCUMENT MAILED: #7 Proper Form Order w/NEF and prisoner complaint form, 8 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Florence Clerks Office to Chavis Cox, #327335, KCI, 4344 Broad River Road, Columbia, SC, 29210 (dsto, ) |
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Filing 8
ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #7 Proper Form Order. Signed by Magistrate Judge Thomas E Rogers, III on 12/06/2021.(dsto, )
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Filing 7
PROPER FORM ORDER: Case to be brought into proper form by 12/29/2021. 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 12/06/2021. (dsto, )
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| Filing 3 TRUE DIVISION FOR TRIAL: Columbia. (dsto, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Chavis Cox. Response to Motion due by 12/3/2021. 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, #2 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Additional attachment(s) added on 12/7/2021: #3 Financial Certificate) (dsto, ). |
| Filing 1 COMPLAINT against Joel Anderson, Brandon Byrd, Jana Hollis, Esther Labrador, Sherry Mackey, Willie Ocean, Clinton Parker, Dennis Patterson, LaShawn Peeples, Stacey Richardson, Stephanie Skewes, Joseph Stines, Bryan Stirling, Terrie Wallace, Anthony Whittington, filed by Chavis Cox. Service due by 2/17/2022. (Attachments: #1 Envelope)(dsto, ) |
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