Brown v. Sheriff Al Cannon Detention Center et al
Plaintiff: Dominick Alexander Brown
Defendant: Sheriff Al Cannon Detention Center, Sgt. S. B. Bailey and Sheriff Kristin R. Graziano
Case Number: 4:2023cv00976
Filed: March 9, 2023
Court: US District Court for the District of South Carolina
Presiding Judge: Richard M Gergel
Referring Judge: Thomas E Rogers
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights, State Filers
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2023 Filing 31 Letter from Dominick Brown. (Attachments: #1 Envelope)(dsto, )
May 1, 2023 Filing 30 ***DOCUMENT MAILED: #29 Judgment w/NEF, #28 Order Ruling on Report and Recommendation w/NEF, placed in U.S. Mail from Florence Clerks Office to Dominick Alexander Brown, #589190, 20-A South Street, Charleston, SC, 29405 (dsto, )
May 1, 2023 Filing 29 JUDGMENT by the Clerk. This case is dismissed with prejudice, without service or process, and without further leave to amend. (dsto, )
May 1, 2023 Opinion or Order Filing 28 ORDER RULING ON REPORT AND RECOMMENDATION: The Court ADOPTS the R & R (Dkt.No. 25) as the order of the Court and DISMISSES this action with prejudice, without service or process, and without further leave to amend. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/1/23. (ltap, )
April 24, 2023 Filing 27 MOTION of Suppressment by Dominick Alexander Brown. Response to Motion due by 5/8/2023. 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 Affidavit of Mental Illness, #2 Envelope)No proposed order.(dsto, )
April 11, 2023 Filing 26 ***DOCUMENT MAILED: #23 Order - 1983 - No Service w/NEF, 24 Order on Motion for Issuance of Subpoena, #25 REPORT AND RECOMMENDATION w/NEF placed in U.S. Mail from Florence Clerks Office to Dominick Alexander Brown, #589190, 20-A South Street, Charleston, SC, 29405 (dsto, )
April 11, 2023 Filing 25 REPORT AND RECOMMENDATION recommending that the District Court dismiss this action with prejudice under 1915(e) and 1915A and without issuance and service of process. Objections to R&R due by 4/25/2023. 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 Thomas E Rogers, III on 04/11/2023. (dsto, )
April 11, 2023 Opinion or Order Filing 24 ORDER denying #22 Motion for Issuance of Subpoena per #23 No Serve Order. Signed by Magistrate Judge Thomas E Rogers, III on 04/11/2023.(dsto, )
April 11, 2023 Opinion or Order Filing 23 ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Signed by Magistrate Judge Thomas E Rogers, III on 04/11/2023. (dsto, )
April 10, 2023 Filing 22 MOTION for issuance of Subpoena for Officer Bailey by Dominick Alexander Brown. Response to Motion due by 4/24/2023. 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, )
March 31, 2023 Filing 20 Letter from Dominick Brown. (Attachments: #1 Envelope)(dsto, )
March 31, 2023 Filing 18 AMENDED COMPLAINT against S. B. Bailey, Kristin R. Graziano, Sheriff Al Cannon Detention Center, filed by Dominick Alexander Brown. Service due by 6/29/2023. (Attachments: #1 Envelope)(dsto, )
March 29, 2023 Filing 17 ***DOCUMENT MAILED: 16 TEXT Order on Motion to Change Venue, 14 TEXT Order on Motion for Extension of Time to File Response, 15 TEXT Order on Motion to Appoint Counsel, placed in U.S. Mail from Florence Clerks Office to Dominick Alexander Brown, #589190, 20-A South Street, Charleston, SC, 29405 (dsto, )
March 29, 2023 Opinion or Order Filing 16 TEXT ORDER: Venue is appropriate in the District of South Carolina; there are no other federal district courts in South Carolina. While the Local rules do provide for transfer for "case management or trial from one division to another division on motion of any party for good cause shown," Plaintiff has failed to show good cause. Local Civil Rules 3.01 (C). To the extent Plaintiff is requesting a division change, at this procedural stage, Plaintiff is not required to travel to Florence and any division change is denied. Therefore, the motion to change venue (ECF #13 ) is denied. Signed by Magistrate Judge Thomas E Rogers, III on 03/29/2023.(dsto, )
March 29, 2023 Opinion or Order Filing 15 TEXT ORDER: Plaintiff's motion for appointment of counsel (ECF #12 ) is denied. There is no right to appointed counsel in 1983 cases. 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 in his motion has not shown that any exceptional circumstances exist in this case. This is a typical complaint by a former pretrial detainee seeking to pursue civil cases pro se in federal court, and after a review of the file, this court has determined that at this time, 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). At this procedural stage, Plaintiff's motion for appointment of counsel is denied. Signed by Magistrate Judge Thomas E Rogers, III on 03/29/2023.(dsto, )
March 29, 2023 Opinion or Order Filing 14 TEXT ORDER: Plaintiff's motion for extension of time to respond appropriately to the prior court order dated March 15, 2023, (ECF #11 ) is granted in part in that Plaintiff shall respond by April 30, 2023, by filing an Amended Complaint. Signed by Magistrate Judge Thomas E Rogers, III on 03/29/23023.(dsto, )
March 29, 2023 Filing 13 MOTION to Change Venue by Dominick Alexander Brown. Response to Motion due by 4/12/2023. 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, )
March 29, 2023 Filing 12 MOTION to Appoint Counsel by Dominick Alexander Brown. Response to Motion due by 4/12/2023. 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, )
March 29, 2023 Filing 11 MOTION for Extension of Time to File Response to #8 Proper Form Order, by Dominick Alexander Brown. Response to Motion due by 4/12/2023. 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, )
March 16, 2023 Filing 10 ***DOCUMENT MAILED: #8 Proper Form Order w/NEF and prisoner complaint civil rights form, 9 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Florence Clerks Office to Dominick Alexander Brown, #589190, 20-A South Street, Charleston, SC, 29405 (dsto, )
March 16, 2023 Opinion or Order Filing 9 ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #8 Proper Form Order. Signed by Magistrate Judge Thomas E Rogers, III on 03/16/2023.(dsto, )
March 16, 2023 Opinion or Order Filing 8 PROPER FORM ORDER: Case to be brought into proper form by 4/6/2023. 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 03/16/2023. (dsto, )
March 13, 2023 Filing 6 ***DOCUMENT MAILED: 5 TEXT Order, placed in U.S. Mail from Florence Clerks Office to Dominick Alexander Brown, #589190, 20-A South Street, Charleston, SC, 29405 (dsto, )
March 13, 2023 Opinion or Order Filing 5 TEXT ORDER: Pursuant to Local Civil Rules for the U.S. District Court of South Carolina and the ECF Policy and Procedures, as a pro se party, Plaintiff may not file any documents with this court electronically. Plaintiff may mail or physically bring any documents he intends to file. Filings to email addresses shall not be accepted from pro se Plaintiff. Signed by Magistrate Judge Thomas E Rogers, III on 03/13/2023. (dsto, )
March 9, 2023 Filing 3 TRUE DIVISION FOR TRIAL: Charleston. (dsto, )
March 9, 2023 Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Dominick Alexander Brown. Response to Motion due by 3/23/2023. 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 Thomas E Rogers, III.(dsto, )
March 9, 2023 Filing 1 COMPLAINT against S. B. Bailey, Kristin R. Graziano, Sheriff Al Cannon Detention Center, filed by Dominick Alexander Brown. Service due by 6/7/2023. (Attachments: #1 Supporting Documents)(dsto, )

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Plaintiff: Dominick Alexander Brown
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Defendant: Sheriff Al Cannon Detention Center
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Defendant: Sgt. S. B. Bailey
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Defendant: Sheriff Kristin R. Graziano
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