South Carolina Department of Social Services v. Wright et al
| South Carolina Department of Social Services |
| Gabrielle Wright and Darian Williams |
| Nichole Harris Bey and Durelle El Bey |
| 4:2022cv01853 |
| June 10, 2022 |
| US District Court for the District of South Carolina |
| Joseph Dawson |
| Kaymani D West |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on November 15, 2022. A more recent docket listing may be available from PACER.
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Filing 26
OBJECTION to #21 Report and Recommendation by Nichole Harris Bey. Reply to Objections due by 8/19/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(prou, )
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Filing 24
REPLY by Durelle El Bey, Nichole Harris Bey to #13 Proper Form Order. (Attachments: #1 Envelope)(prou, )
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Filing 23
***DOCUMENTS MAILED: 22 Text Order on Motion for Leave to Proceed in forma pauperis, #21 REPORT AND RECOMMENDATION w/NEF, placed in U.S. Mail from Florence Clerk's Office to Nichole Harris Bey, 5130 Opus St., Apt. 3517, Raleigh, NC 27616. (prou, )
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Filing 22
TEXT ORDER: Interested Party Nichole Harris Bey has submitted an Application to Proceed in District Court Without Prepaying Fees or Costs, which is construed as a Motion for Leave to Proceed in forma pauperis. A review of the Motion reveals that Plaintiff does not have the funds to prepay the filing fee. Plaintiff's Motion for Leave to Proceed in forma pauperis is granted. ECF No. #3 .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. This debt is not dischargeable in the event Plaintiff seeks relief under the bankruptcy provisions of the United States Code. See 11 U.S.C. 523(a)(17). The Prison Litigation Reform Act ("PLRA") of 1996 permits a prisoner to file a civil action without prepayment of fees or security, but requires the prisoner "to pay the full amount of the filing fee" as funds are available. See 28 U.S.C. 1915(a), (b). As the court has granted Plaintiff permission to proceed in forma pauperis, the agency having custody of Plaintiff shall collect payments from Plaintiff's prisoner trust account in accordance with 28 U.S.C. 1915(b)(1) and (2), until the full $350 filing fee is paid. Signed by Magistrate Judge Kaymani D West on 7/22/2022.(prou, )
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Filing 21
REPORT AND RECOMMENDATION: For the foregoing reasons, the undersigned recommends the district judge remand this matter to the Family Court of the Fourth Judicial Circuit, Marlboro County, South Carolina, for lack of subject matter jurisdiction. Because this is only a recommendation, the Clerk of Court shall not immediately certify this matter to the Family Court for Marlboro County, but shall forward the case file and any objections to the United States District Judge for a final disposition. The undersigned further recommends Plaintiff DSS's Motion to Dismiss for Lack of Jurisdiction, ECF No. #19 , be denied as moot. IT IS SO RECOMMENDED. Objections to R&R due by 8/5/2022 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 Kaymani D West on 7/22/2022. (prou, )
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Filing 20
ANSWER to Complaint by South Carolina Department of Social Services.(Bomar-Howze, Tracy) (Main Document 20 replaced on 7/22/2022) (prou, ). Modified on 7/22/2022 to replace with corrected document provided by filing user (prou, ).
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Filing 19
MOTION to Dismiss for Lack of Jurisdiction by South Carolina Department of Social Services. Response to Motion due by 8/4/2022. 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. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Kaymani D West.(Bomar-Howze, Tracy) (Main Document 19 replaced on 7/22/2022) (prou, ). Modified on 7/22/2022 to replace with corrected document provided by filing user (prou, ).
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Filing 18
NOTICE of Appearance by Tracy Bomar-Howze on behalf of South Carolina Department of Social Services (Bomar-Howze, Tracy) (Main Document 18 replaced on 7/22/2022) (prou, ). Modified on 7/22/2022 to replace with corrected document provided by filing user (prou, ).
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Filing 14
***DOCUMENT MAILED: #13 Proper Form Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Nichole Harris Bey, 5130 Opus St., Apt. 3517, Raleigh, NC 27616. (prou, )
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Filing 13
PROPER FORM ORDER: Case to be brought into proper form by 7/27/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kaymani D West on 7/6/2022. (prou, )
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Filing 9
CERTIFICATE OF SERVICE by Nichole Harris Bey re #1 Notice of Removal. (Attachments: #1 Certificate of Service, #2 Envelope)(prou, )
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Filing 8
NON-STANDARD ITEM RECEIVED: Flash Drive from Nichole Harris Bey re: #1 Notice of Removal. (prou, )
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Filing 3
MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Nichole Harris Bey. Response to Motion due by 6/24/2022. 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. No proposed order.Motions referred to Kaymani D West.(prou, )
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Filing 1
NOTICE OF REMOVAL from Marlboro County Family Court, case number 2022-DR-34-22, filed by Nichole Harris Bey. (Attachments: #1 Affidavit of Fact, #2 Exhibit A - Chronos/Flashdrive, #3 Exhibit B - Audio of Ms. Jones (on Flashdrive) and State Court Documents, #4 Exhibit C - Cease and Desist Letter, #5 Exhibit D - Moorish Ameria Birth Records, #6 Exhibit E - Alford Arrest Warrant, #7 Exhibit F - Anderson Report, #8 Exhibit G - DSS Findings, #9 Supporting Documents)(prou, )
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