Butler v. Caldwell
| Tyrone Butler |
| Warden Laura Caldwell |
| 5:2018cv02753 |
| October 10, 2018 |
| US District Court for the District of South Carolina |
| David C Norton |
| Kaymani D West |
| Prison:Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 22 ***DOCUMENT MAILED: 21 TEXT Order on Motion to Appoint Counsel placed in U.S. Mail to Tyrone Butler, #342958, KCI, 4848 Goldmine Hwy., Kershaw, SC, 29067 (dsto, ) |
Filing 21
TEXT ORDER: On November 16, 2018, Plaintiff Tyrone Butler filed a Motion to Appoint Counsel. ECF No. #20 .Plaintiff's request for appointment of counsel is denied. There is no right to appointed counsel ina 1983 case. Cf. Hardwick v. Ault, 517 F.2d 295 (5th Cir. 1975). Although the court has discretionto 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). The existence of exceptional circumstanceswill turn on the quality of two basic factors - the type and complexity of the case, and the abilitiesof the individuals bringing it. Brock v. City of Richmond, 983 F.2d 1055 (4th Cir. 1993)(unpublished table decision) (quoting Whisenant v. Yaum, 739 F.2d 160, 163 (4th Cir. 1984)). Theundersigned finds this case is not an exceptional circumstance warranting appointment of counsel,and Plaintiff has competently represented himself. Signed by Magistrate Judge Kaymani D West on 11/19/2018.(dsto, )
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| Filing 20 MOTION to Appoint Counsel by Tyrone Butler. Response to Motion due by 11/30/2018. 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 Kaymani D West.(prou, ) |
| Filing 17 Summons Issued as to Laura Caldwell. Service due by 1/28/2019. (prou, ) |
| Filing 16 ***DOCUMENT MAILED: #15 Order 1983 w/NEF, placed in U.S. Mail to Tyrone Butler, #342958, Kershaw Correctional Institution, 4848 Goldmine Hwy, Kershaw, SC 29067. (prou, ) |
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Filing 15
ORDER authorizing service of process 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 Kaymani D West on 10/29/2018. (prou, )
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| Filing 11 ***DOCUMENTS MAILED: 10 Order on Motion for Leave to Proceed in forma pauperis, #9 Proper Form Order w/NEF, and one Summons, placed in U.S. Mail to Tyrone Butler, #342958, Kershaw Correctional Institution, 4848 Goldmine Hwy, Kershaw, SC 29067. (prou, ) |
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Filing 10
ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #9 Proper Form Order. Signed by Magistrate Judge Kaymani D West on 10/16/2018.(prou, )
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Filing 9
PROPER FORM ORDER: Case to be brought into proper form by 11/6/2018. 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 10/16/2018. (prou, )
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| Filing 4 TRUE DIVISION FOR TRIAL: Spartanburg. (prou, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Tyrone Butler. Response to Motion due by 10/24/2018. 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 Kaymani D West.(prou, ) |
| Filing 1 COMPLAINT against Laura Caldwell, filed by Tyrone Butler. Service due by 1/8/2019. (Attachments: #1 Statement of Facts, #2 Envelope)(prou, ) |
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| Plaintiff: Tyrone Butler | |
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| Defendant: Warden Laura Caldwell | |
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