Walker v. Anderson et al
| Jeffery Wayne Walker |
| Major Anderson and Captain Wells |
| 5:2019cv01824 |
| June 26, 2019 |
| US District Court for the District of South Carolina |
| J Michelle Childs |
| Kaymani D West |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 28 USM-285 Returned Executed. Major Anderson served on 8/6/2019, answer due 8/27/2019. (prou, ) |
| Filing 27 ***DOCUMENT MAILED: 26 TEXT Order on Motion to Appoint Counsel,,,, placed in U.S. Mail from Florence Clerks Office to Jeffery Wayne Walker, #348355, CCDC, 315 E. Meadow Street, Gaffney, SC, 29340 (dsto, ) |
Filing 26
TEXT ORDER: Plaintiff Jeffrey Wayne Walker filed a Motion to Appoint Counsel on July 22, 2019. ECF No. #25 . Plaintiff's request for appointment of counsel is denied. There is no right to appointed counsel in a 1983 case. See Hardwick v. Ault, 517 F.2d 295 (5th Cir. 1975). Although the court has 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). The existence of exceptional circumstances "will turn on the quality of two basic factors - the type and complexity of the case, and the abilities of 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 Brock v. City of Richmond, 983 F.2d 1055 (4th Cir. 1993) (unpublished table decision) (quoting Whisenant v. Yaum, 739 F.2d 160, 163 (4th Cir. 1984)). The undersigned 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 07/24/2019.(dsto, )
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| Filing 25 MOTION to Appoint Counsel by Jeffery Wayne Walker. Response to Motion due by 8/5/2019. 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.(dsto, ) |
| Filing 23 ***DOCUMENTS MAILED: 20 Text Order on Motion to Amend/Correct, 22 Text Order on Motion to Order Cherokee County Detention Center's Mailroom to Release Copy of Mail Log, placed in U.S. Mail from Florence Clerk's Office to Jeffery Wayne Walker, #348355, Cherokee County Detention Center, 315 E Meadow Street, Gaffney, SC 29340. (prou, ) |
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Filing 22
TEXT ORDER: Plaintiff filed a motion to order Cherokee County Detention Center to produce documents. ECF No. #17 . This motion is denied as premature at this time, with leave to re-file if Defendants do not provide the requested documents after they have been properly served and a scheduling order has been entered that allows discovery pursuant to Federal Rule of Civil Procedure 26. Signed by Magistrate Judge Kaymani D West on 7/10/2019.(prou, )
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Filing 20
TEXT ORDER: This matter is before the Court for consideration of Plaintiff's Motions to Amend/Correct Complaint, ECF Nos. #16 and #18 , filed by Plaintiff, on July 8, 2019, while the Complaint was pending service on Defendant Major Andersson. ECF Nos. 11 , #12 . Plaintiff's Motions to Amend/Correct Complaint, ECF Nos. #16 , #18 , are GRANTED. The Clerk of Court is directed to attach Plaintiff's motions, ECF Nos. #16 , #18 , as exhibits to the Complaint. The Clerk is also directed to add Captain Wells as a Defendant in this case. Signed by Magistrate Judge Kaymani D West on 7/10/2019.(prou, )
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| Filing 18 MOTION to Amend/Correct #1 Complaint by Jeffery Wayne Walker. Response to Motion due by 7/22/2019. 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 Supporting Document, #2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) |
| Filing 17 MOTION to Order Cherokee County Detention Center's Mailroom to Release Copy of Mail Log by Jeffery Wayne Walker. Response to Motion due by 7/22/2019. 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 16 MOTION to Amend Relief Sought re: #1 Complaint by Jeffery Wayne Walker. Response to Motion due by 7/22/2019. 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 13 ***DOCUMENTS MAILED: #10 Order 1983 w/NEF, 11 Order on Motion for Leave to Proceed in forma pauperis, placed in U.S. Mail from Florence Clerk's Office to Jeffery Wayne Walker, #348355, Cherokee County Detention Center, 315 E Meadow Street, Gaffney, SC 29340. (prou, ) |
| Filing 12 Summons Issued as to Major Anderson. Service due by 9/26/2019. (prou, ) |
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Filing 11
ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #10 Order. Signed by Magistrate Judge Kaymani D West on 6/28/2019.(prou, )
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Filing 10
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 6/28/2019. (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 Jeffery Wayne Walker. Response to Motion due by 7/10/2019. 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 1 COMPLAINT against Major Anderson, filed by Jeffery Wayne Walker. Service due by 9/24/2019 (Attachments: #1 Envelope)(prou, ) (Additional attachment(s) added on 7/10/2019: #2 Supplemental Pleading, #3 Supplemental Pleading) (prou, ). |
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