Garza v. McGowan et al
| Joseph Michael Garza |
| Southern Health Care Provider, Neil McGowan, Melinda Haney and Jennifer Lawson |
| 5:2018cv02984 |
| November 5, 2018 |
| US District Court for the District of South Carolina |
| Donald C Coggins |
| Kaymani D West |
| Prison:Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 3, 2018. A more recent docket listing may be available from PACER.
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| Filing 16 ***DOCUMENT MAILED : 15 Text Order on Motion to Appoint Counsel, Text Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to Joseph Michael Garza, Union County Detention Center, 1663 Jonesville Hwy, Union, SC 29379. (prou, ) |
Filing 15
TEXT ORDER granting in part and denying in part #13 MOTION to Appoint Counsel, MOTION for Extension of Time to File Response/Reply as to #9 Proper Form Order. Plaintiff has requested the appointment of counsel. The appointment of counsel to an indigent plaintiff in a 1983 case is within the court's discretion. See 28 U.S.C. 1915(e)(1); Mallard v. United States Dis. Court for S. Dist. of Iowa, 490 U.S. 296 (1989). However, such discretion "should be allowed only in exceptional cases." Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975). Plaintiff has failed to show that the circumstances of his case are exceptional or unusual. Accordingly Plaintiff's motion to appoint counsel is DENIED. Plaintiff has also requested an indefinite extension of time within which to respond to #9 Proper Form Order. That portion of Plaintiff's Motion is granted to the extent that Plaintiff is granted until January 2, 2019 to respond to #9 Proper Form Order. Signed by Magistrate Judge Kaymani D West on 12/3/2018.(prou, )
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| Filing 13 MOTION to Appoint Counsel, MOTION for Extension of Time to File Response/Reply as to #9 Proper Form Order, ( Response to Motion due by 12/10/2018. 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. ) by Joseph Michael Garza. (Attachments: #1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) |
| Filing 11 ***DOCUMENTS MAILED: #9 Proper Form Order w/NEF, 10 Order on Motion for Leave to Proceed in forma pauperis, one prisoner complaint form, one Summons, and one USM-285 Form, placed in U.S. Mail to Joseph Michael Garza, Union County Detention Center, 1663 Jonesville Hwy, Union, SC 29379. (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 11/15/2018.(prou, )
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Filing 9
PROPER FORM ORDER: Plaintiff's Complaint is subject to summary dismissal because it fails to state any claim upon which relief may be granted as to any of the named Defendants. Plaintiff may attempt to correct the defects in his current Complaint identified above by filing an amended complaint within 14 days of this Order, along with any appropriate service documents. Plaintiff is reminded that an amended complaint replaces all prior complaints and should be complete in itself. If Plaintiff files an amended complaint, the undersigned will conduct screening of the amended complaint pursuant to 28 U.S.C. 1915A. If Plaintiff fails to file an amended complaint or fails to cure the deficiencies identified above, the Court will recommend to the district court that the claims be dismissed without leave for further amendment. Case to be brought into proper form by 11/29/2018. Signed by Magistrate Judge Kaymani D West on 11/15/2018. (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 Joseph Michael Garza. Response to Motion due by 11/21/2018. 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, ) Modified on 11/7/2018 to modify filing date (prou, ). |
| Filing 1 COMPLAINT against Melinda Haney, Jennifer Lawson, Neil McGowan, Southern Health Care Provider, filed by Joseph Michael Garza. Service due by 2/5/2019. (Attachments: #1 Supporting Documents, #2 Envelope)(prou, ) Modified on 11/7/2018 to modify filing date (prou, ). |
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