Bellamy v. Cross et al
| Donald Bellamy |
| South Carolina Department of Corrections Medical Division and Stephen Cross |
| 5:2019cv02650 |
| September 19, 2019 |
| US District Court for the District of South Carolina |
| Joseph F Anderson |
| Kaymani D West |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on December 3, 2019. A more recent docket listing may be available from PACER.
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| Filing 24 ***DOCUMENTS MAILED: 22 Order on Motion to Appoint Counsel, Order on Motion for Leave to Proceed in forma pauperis, #23 REPORT AND RECOMMENDATION w/NEF, #21 Order - 1983 - No Service w/NEF, placed in U.S. Mail from Florence Clerk's Office to Donald Bellamy, #284980, McCormick Correctional Institution, 386 Redemption Way, McCormick, SC 29899. (prou, ) |
| Filing 23 REPORT AND RECOMMENDATION: The undersigned recommends the district court dismiss this action. Objections to R&R due by 11/19/2019. 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. Signed by Magistrate Judge Kaymani D West on 11/5/2019. (prou, ) |
Filing 22
ORDER denying #16 Motion to Appoint Counsel ; granting #2 Motion for Leave to Proceed in forma pauperis per #21 Order. Signed by Magistrate Judge Kaymani D West on 11/5/2019.(prou, )
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Filing 21
ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Signed by Magistrate Judge Kaymani D West on 11/5/2019. (prou, )
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| Filing 18 ***DOCUMENTS MAILED: Original #16 MOTION to Appoint Counsel, #17 Deficiency Memo w/NEF, placed in U.S. Mail from Florence Clerk's Office to Donald Bellamy, #284980, McCormick Correctional Institution, 386 Redemption Way, McCormick, SC 29899. (prou, ) |
| Filing 17 Deficiency Memo: Document #16, Motion to Appoint Counsel. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 11/1/2019. (prou, ) |
| Filing 16 MOTION to Appoint Counsel by Donald Bellamy. Response to Motion due by 11/4/2019. 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, ) Modified on 11/6/2019 to replace with corrected document provided by filer (prou, ). |
| Filing 15 ***DOCUMENT MAILED: 14 Text Order on Motion to Appoint Counsel, placed in U.S. Mail from Florence Clerk's Office to Donald Bellamy, #284980, McCormick Correctional Institution, 386 Redemption Way, McCormick, SC 29899. (prou, ) |
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Filing 14
TEXT ORDER: Plaintiff Donald Bellamy filed a Motion to Appoint Counsel on October 7, 2019. ECF No. #13 . 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 10/8/2019.(prou, )
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| Filing 13 MOTION to Appoint Counsel by Donald Bellamy. Response to Motion due by 10/21/2019. 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 11 ***DOCUMENTS MAILED: #10 Proper Form Order and Notice w/NEF, a blank Complaint form, one Summons, and two USM-285 forms, placed in U.S. Mail from Florence Clerk's Office to Donald Bellamy, #284980, McCormick Correctional Institution, 386 Redemption Way, McCormick, SC 29899. (prou, ) |
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Filing 10
PROPER FORM ORDER AND NOTICE: Plaintiff may attempt to correct the defects in his complaint by filing an amended complaint by October 7, 2019, along with any appropriate service documents. Plaintiff is reminded that an amended complaint replaces the original complaint 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 undersigned will recommend to the district court that the claims be dismissed without leave for further amendment. Case to be brought into proper form by 10/7/2019. 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 9/23/2019. (prou, )
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| Filing 4 TRUE DIVISION FOR TRIAL: Greenwood. (prou, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Donald Bellamy. Response to Motion due by 10/3/2019. 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 Financial Certificate, #2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) |
| Filing 1 COMPLAINT against Stephen Cross, South Carolina Department of Corrections Medical Division, filed by Donald Bellamy. Service due by 12/18/2019. (Attachments: #1 SCDC Inmate Grievance Form, #2 Envelope)(prou, ) |
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