Gallman v. State of South Carolina et al
| Michael D. Gallman |
| State of South Carolina, Department of Corrections, Evans Correctional Institution, Warden Donnie Stonebreaker, Lieutenant Freeman and Donnie Stonebreaker |
| 4:2023cv02396 |
| June 1, 2023 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Thomas E Rogers |
| Prison:Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights, State Filers |
| None |
Docket Report
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| Filing 23 ***DOCUMENT MAILED: 22 TEXT Order placed in U.S. Mail from Florence Clerks Office to Michael D. Gallman, #254546, Evans Correctional Institution, 610 Hwy 9 West, Bennettsville, SC, 29512 (dsto, ) |
Filing 22
TEXT ORDER: Plaintiff previously had been ordered to file an Amended Complaint with deficiencies noted.(ECF No. #7 ). On June 20, 2023, Plaintiff responded with a Second Complaint but with no correction of the prior deficiencies. (ECF No. #10 ). On July 10, 2023, all parties except Defendant Freeman were recommended to be summarily dismissed, and the same date, service was authorized and summons issued as to Defendant Freeman. (ECF No. #18 ). Importantly, the recommendation included that the remaining defendants be dismissed without further leave to amend. Plaintiff mailed a third Complaint dated July 13, 2023, which has been construed as a Motion to Amend. It is unclear in the passing of the mail, if Plaintiff had received the recommendation and the partial serve order when he mailed the third complaint. The proposed complaint mailed in July is substantively the same allegations and claims as the Amended Complaint authorized for service on Defendant Freeman and further amendment would be futile. To the extent Plaintiff intended the July filing to be objections to the report and recommendation, Plaintiff's filing is on the docket for the district judge's review. Signed by Magistrate Judge Thomas E Rogers, III on 07/20/2023. (dsto, )
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| Filing 21 MOTION to Amend #10 Amended Complaint by Michael D. Gallman. Response to Motion due by 8/2/2023. 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, ) Modified on 7/25/2023 to term motion per ECF #22 (per LC). (dsto, ) |
| Filing 19 ***DOCUMENT MAILED: #18 REPORT AND RECOMMENDATION w/NEF, 16 Order on Motion to Appoint Counsel, #15 Order 1983 w/NEF, placed in U.S. Mail from Florence Clerks Office to Michael D. Gallman, #254546, Evans Correctional Institution, 610 Hwy 9 West, Bennettsville, SC, 29512 (dsto, ) |
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Filing 18
REPORT AND RECOMMENDATION recommending that Defendants "State of South Carolina, Department of Corrections, Evans Correctional Institution, [and] Donnie Stonebreaker, Warden" be summarily dismissed with prejudice and without issuance and service of process. In a separately docketed order, the court has authorized the issuance and service of process on the remaining Defendant Freeman. Objections to R&R due by 7/24/2023. 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. Signed by Magistrate Judge Thomas E Rogers, III on 07/10/2023. (dsto, )
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| Filing 17 Summons Issued as to Lieutenant Freeman. Service due by 10/10/2023. (dsto, ) |
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Filing 16
ORDER denying #3 Motion to Appoint Counsel per #15 Partial Serve Order. Signed by Magistrate Judge Thomas E Rogers, III on 07/10/2023.(dsto, )
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Filing 15
ORDER authorizing service of process Defendant Freeman ONLY, and collection of filing fee. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Signed by Magistrate Judge Thomas E Rogers, III on 07/10/2023. (dsto, )
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| Filing 14 Letter from Michael D. Gallman. (Attachments: #1 Letter to Plaintiff, #2 Envelope)(dsto, ) |
| Filing 10 AMENDED COMPLAINT against Department of Corrections, Evans Correctional Institution, Lieutenant Freeman, State of South Carolina, Donnie Stonebreaker, filed by Michael D. Gallman. Service due by 9/18/2023. (Attachments: #1 Envelope)(dsto, ) |
| Filing 9 ***DOCUMENT MAILED: 8 Order on Motion for Leave to Proceed in forma pauperis, #7 Proper Form Order w/NEF, Summons, USM-285 and prisoner civil rights complaint form placed in U.S. Mail from Florence Clerks Office to Michael D. Gallman, #254546, Evans Correctional Institution, 610 Hwy 9 West, Bennettsville, SC, 29512 (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 06/06/2023.(dsto, )
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Filing 7
PROPER FORM ORDER: Case to be brought into proper form by 6/27/2023. 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 06/06/2023. (dsto, )
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| Filing 4 TRUE DIVISION FOR TRIAL: Columbia. (dsto, ) |
| Filing 3 MOTION to Appoint Counsel by Michael D. Gallman. Response to Motion due by 6/15/2023. 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 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Michael D. Gallman. Response to Motion due by 6/15/2023. 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 1 COMPLAINT against Department of Corrections, Evans Correctional Institution, Lieutenant Freeman, State of South Carolina, Donnie Stonebreaker, filed by Michael D. Gallman. Service due by 8/30/2023. (Attachments: #1 Envelope)(dsto, ) |
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