Robinson v. Craze et al
| John Thomas Robinson |
| Sgt Morrison, Captain Hope and Robert Craze |
| 5:2019cv02398 |
| August 26, 2019 |
| US District Court for the District of South Carolina |
| Donald C Coggins |
| Kaymani D West |
| Prison:Prison Condition |
| 42 U.S.C. ยง 1983 |
| Defendant |
Docket Report
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| Filing 20 ***DOCUMENTS MAILED: 18 Text Order on Motion for Leave to File, 19 Text Order on Motion to Appoint Counsel, placed in U.S. Mail from Florence Clerk's Office to John Thomas Robinson, #32390A, PO Box 10535, Rock Hill, SC 29731. (prou, ) |
Filing 19
TEXT ORDER: Plaintiff filed a Motion to Appoint Counsel on September 11, 2019. ECF No. #15 . 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 Brock v. City of Richmond, 983 F.2d 1055 (4th Cir. 1993) (unpublished table decision) (quoting Whisenant v. Yaum, 739 F.2d 160, 163 (4th Cir. 1984)).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. Signed by Magistrate Judge Kaymani D West on 9/25/2019.(prou, )
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Filing 18
TEXT ORDER: Plaintiff seeks to add York County Detention Center as a defendant. However, York County Detention Center is not a person amenable to suit under 1983, but a collection of buildings, facilities, and grounds that do not act under color of state law. See Monell v. Dep't of Soc. Serv., 436 U.S. 658, 690 (1978); Nelson v. Lexington Cnty. Det. Ctr., No. 8:10-2988-JMC, 2011 WL 2066551, at *1 (D.S.C. May 26, 2011) (finding that the plaintiff failed to establish that the Lexington County Detention Center, "as a building and not a person, is amenable to suit under 1983"). Accordingly, Plaintiff's Motion to Amend, ECF No. #14 , is denied as futile. Signed by Magistrate Judge Kaymani D West on 9/25/2019.(prou, )
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| Filing 17 Letter from John Thomas Robinson regarding change of address. (Attachments: #1 Envelope)(prou, ) |
| Filing 16 NOTICE of Change of Address by John Thomas Robinson from John Thomas Robinson, #32390A, York County Detention Center, 1675-3A York Highway, York, SC 29745 **TO** John Thomas Robinson, #32390A, PO Box 10535, Rock Hill, SC 29730. (Attachments: #1 Envelope)(prou, ) |
| Filing 15 MOTION to Appoint Counsel by John Thomas Robinson. Response to Motion due by 9/25/2019. 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 14 MOTION for Leave to File an Amended Complaint by John Thomas Robinson. Response to Motion due by 9/25/2019. 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 ***DOCUMENT MAILED: #12 Scheduling Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to John Thomas Robinson, #32390A, York County Detention Center, 1675-3A York Highway, York, SC 29745. (prou, ) |
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Filing 12
SCHEDULING ORDER: Motions to Amend Pleadings due by 9/27/2019, Discovery due by 10/28/2019, Motions due by 12/6/2019. Signed by Magistrate Judge Kaymani D West on 8/29/2019. (prou, )
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| Filing 10 ***DOCUMENT MAILED: #9 Order to Notify of Address Change w/NEF, placed in U.S. Mail from Florence Clerk's Office to John Thomas Robinson, #32390A, York County Detention Center, 1675-3A York Highway, York, SC 29745. (prou, ) |
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Filing 9
ORDER directing plaintiff to notify Clerk in writing of any address changes. Signed by Magistrate Judge Kaymani D West on 8/28/2019. (prou, )
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| Filing 4 TRUE DIVISION FOR TRIAL: Rock Hill. (prou, ) |
| Filing 3 ANSWER to Complaint (Notice of Removal) by Robert Craze, Captain Hope, Sgt Morrison. (Attachments: #1 Certificate of Service)(prou, ) |
| Filing 1 NOTICE OF REMOVAL from York County Common Pleas, case number 2019-CP-46-2365. (Filing fee $ 400 receipt number 0420-8635259), filed by Captain Hope, Sgt Morrison, Robert Craze. (Attachments: #1 State Court Documents, #2 Affidavit of Daniel C. Plyler, #3 Certificate of Service)(prou, ) |
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