Brown v. Sheriff Al Cannon Detention Center et al
| Dominick Alexander Brown |
| Sheriff Al Cannon Detention Center, Sgt. S. B. Bailey and Sheriff Kristin R. Graziano |
| 4:2023cv00976 |
| March 9, 2023 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Thomas E Rogers |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights, State Filers |
| None |
Docket Report
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This docket was last retrieved on May 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 Letter from Dominick Brown. (Attachments: #1 Envelope)(dsto, ) |
| 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, ) |
| Filing 29 JUDGMENT by the Clerk. This case is dismissed with prejudice, without service or process, and without further leave to amend. (dsto, ) |
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, )
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| 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, ) |
| 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, ) |
| 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, ) |
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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, )
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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, )
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| 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, ) |
| Filing 20 Letter from Dominick Brown. (Attachments: #1 Envelope)(dsto, ) |
| 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, ) |
| 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, ) |
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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, )
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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, )
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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, )
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| 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, ) |
| 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, ) |
| 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, ) |
| 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, ) |
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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, )
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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, )
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| 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, ) |
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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, )
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| Filing 3 TRUE DIVISION FOR TRIAL: Charleston. (dsto, ) |
| 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, ) |
| 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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