Rhodes v. Stirling et al
| Jonathan Donell Edwards Rhodes |
| Joseph McFadden, Bryan Stirling, Tiffany Ravenell, James Blackwell, Fracine Bachman, Larry Cooper, Ms Birch, Captain Jordan Williams and Ms. Rice |
| 5:2019cv03231 |
| November 15, 2019 |
| US District Court for the District of South Carolina |
| Henry M Herlong |
| Sherri A Lydon |
| Kaymani D West |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights, State Filers |
| Both |
Docket Report
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This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
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Filing 107
NOTICE of Change of Address by Jonathan Donell Edwards Rhodes from Jonathan Donell Edwards Rhodes, #343817, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC, 29010 **TO** Jonathan Donell Edwards Rhodes, #343817, Broad River Correctional Institution, Wateree-175 A Wing, 4460 Broad River Road, Columbia, SC 29210. (Attachments: #1 Envelope)(prou, )
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Filing 106
RESPONSE in Opposition re #79 MOTION to Dismiss Or In The Alternative Motion For Summary Judgment. Response filed by Jonathan Donell Edwards Rhodes.Reply to Response to Motion due by 6/9/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents, #2 Envelope)(prou, )
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Filing 104
***DOCUMENT MAILED: 103 Text Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail from Florence Clerk's Office to Jonathan Donell Edwards Rhodes, #343817, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC, 29010. (prou, )
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Filing 103
TEXT ORDER: On May 16, 2022, Plaintiff filed a Motion for Extension of Time to file a Response to Defendants' Motion to Dismiss or in the Alternative, Motion for Summary Judgment. ECF No. #102 . Plaintiff seeks an extension through May 26, 2022 to prepare any response he intends to file. A week prior to this entry, this court entered an order granting a previous request for extension of time, extending Plaintiff's deadline to respond to May 23, 2022. After a review of Plaintiff's Motion, this court, in its discretion, will extend Plaintiff's time to file a Response to May 26, 2022. No further extensions will be granted. Signed by Magistrate Judge Kaymani D West on 5/27/2022.(prou, )
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Filing 102
MOTION for Extension of Time to File Response/Reply as to #79 MOTION to Dismiss Or In The Alternative Motion For Summary Judgment by Jonathan Donell Edwards Rhodes. Response to Motion due by 5/31/2022. 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, )
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Filing 101
***DOCUMENT MAILED: 99 TEXT Order placed in U.S. Mail from Florence Clerks Office to Jonathan Donell Edwards Rhodes, #343817, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC, 29010 (dsto, )
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Filing 99
TEXT ORDER: Plaintiff previously filed a Motion for Extension of Time, requesting additional time to respond to Defendants' Motion to Dismiss or in the Alternative, Motion for Summary Judgment, as well as requesting an order instructing prison officials to allow Plaintiff the ability to examine audio exhibits provided by Defendants and to produce certain discovery documents. ECF No. #87 . This court granted the extension of time on April 21, 2022, and further, requested a update from Defendants regarding the status of their response to several discovery requests. On April 26, 2022, Defendants filed a Reply to the text order indicating that Defendants have previously produced many of the documents Plaintiff requested, that Plaintiff has been able to view the video discovery, and that Defendants had provided to Plaintiff the requested "request to staff matter forms" that exist pertaining to the incident at issue. ECF No. #94 . It appearing to the court that all outstanding discovery matters had been resolved, this court set Plaintiff's response date to Defendants' Motion to Dismiss to May 12, 2022. ECF No. 96 . Plaintiff has since filed another letter on May 4, 2022, indicating that he has still not received kiosk request #17-417176, Disciplinary Report Form 19.69 related to the possession of an escape tool, and he never received "request to staff forms" written to Mental Health Birch. ECF No. #98 . Plaintiff further seeks the court's help on submitting additional discovery requests which he says relate to kiosk messages sent since the onset of the filing of his Complaint. ECF No. #98 . In his letter, the only redress he appears to seek is for an "order from this court order this institution to go in my Warden's jacket the disciplinary report for the escape tool is in there." ECF No. #98 . Plaintiff does not otherwise seek additional relief from the court. As of April 26, 2022, Defendants have stated that "no other forms exist pertaining to the incident at issue" and that Plaintiff has been provided the requested "request to staff matter forms" in a supplemental production. ECF No. #94 . Accordingly, based on Defendants' representation that all discovery material responsive to Plaintiff's requests have been produced, this court advises Defendants to provide Plaintiff with the Bates stamp number, or other identifying method used to label these discovery responses no later than May 16, 2022. As for Plaintiff's request for advice on how to obtain additional discovery, first, the proper channel for obtaining discovery is not via a request from the court; it is through submitting the appropriate discovery requests to Defendants. Second, this court notes that the discovery deadline set forth in the scheduling order has passed. Further, any "facts" that occurred after the filing of his Complaint would appear from Plaintiff's letter to relate to new claims and are therefore not a part of this case. Finally, this court may not advise Plaintiff on how to obtain any requested discovery materials. In its discretion and in consideration of the fact that Plaintiff spent time providing this court with his most recent letter, the court will provide Plaintiff additional time to respond to Defendants' outstanding Motion. Plaintiff's response to Defendants' Motion to Dismiss or in the Alternative, Motion for Summary Judgment, ECF No. #79 , is due no later than May 23, 2022. No further extensions will be granted. It is so ordered. Signed by Magistrate Judge Kaymani D West on 05/09/2022. (dsto, )
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Filing 98
Letter from Jonathan Rhodes. (Attachments: #1 Envelope)(prou, )
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Filing 97
***DOCUMENT MAILED: 96 Text Order, placed in U.S. Mail from Florence Clerk's Office to Jonathan Donell Edwards Rhodes, #343817, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC 29010. (prou, )
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Filing 96
TEXT ORDER: On April 26, 2022, Defendants submitted a status report pursuant to this court's previously filed text order directing Defendants to do so by a date certain. ECF No. #94 . As provided for in the report, Defendants maintain that Plaintiff has now been able to review the requested discovery materials, as well has been provided the requested forms from Defendants. ECF No. #94 . Defendants further represent that they have also provided Plaintiff the requested "request to staff matter" in a supplemental production. ECF No. #94 . It appearing that Plaintiff has now been provided all requested discovery materials, Plaintiff's Response to Defendants outstanding dispositive motion will now be due May 12, 2022. It is so ordered. Signed by Magistrate Judge Kaymani D West on 4/28/2022. (prou, )
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Filing 94
REPLY by Fracine Bachman, Ms Birch, James Blackwell, Larry Cooper, Joseph McFadden, Tiffany Ravenell, Ms. Rice, Jordan Williams to 91 Order on Motion for Extension of Time to File Response/Reply . (Attachments: #1 Exhibit Property Control Room)(Ganes, Elloree)
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Filing 92
***DOCUMENT MAILED: 91 Text Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail from Florence Clerk's Office to Jonathan Donell Edwards Rhodes, #343817, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC 29010. (prou, )
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Filing 91
TEXT ORDER: On March 31, 2022, Plaintiff filed a Motion for Extension of Time requesting additional time to respond to Defendants' Motion to Dismiss or in the Alternative, Motion for Summary Judgment, as well as an order instructing prison officials to allow Plaintiff the ability to examine audio exhibits provided by Defendants. ECF No. #87 . Within his Motion, Plaintiff asserts that Defendants sent him audio tapes for him to listen to, as well as responses to his request for production of documents for him to review. ECF No. #87 . Plaintiff further asserts that he has made several attempts to be able to examine these audio exhibits; however, the prison officials have not allowed him to examine the audio exhibits. Id. Defendants did not file a response to this Motion, and the time to do so has expired. On April 11, 2022, Plaintiff filed a second Motion for Extension of Time, providing a similar explanation as was stated in the prior Motion. ECF No. #88 . Plaintiff further explained that he received a document from Lee Correctional Institution stating that the audio exhibits had to undergo a 90-day review prior Plaintiff's receipt of exhibits. ECF No. #88 . While the response for this Motion is not due until April 25, 2022, this court notes that it is the same in substance as the prior Motion to which Defendants did not respond. Plaintiff also filed a document, styled as Plaintiff's Response to Defendants' Opposition for Motion to Compel on April 11, 2022. ECF No. #89 . Within this document, Plaintiff states that Defendants did not provide him Disciplinary Report Form 19.69, and further, that he is requesting certain electronic documents which are essential to his case. ECF No. #89 . Attached to this document are exhibits, which appear to correspond with Plaintiff's Second Motion for Extension of Time. Exhibit 1 is a letter from defense counsel, dated March 8, 2022, asking Warden Jackson with Lee Correctional Institution to make certain audio files reasonably available to Plaintiff. Further, Exhibit 4 is Notice from the South Carolina Department of Corrections advising Plaintiff that the SCDC is withholding the DVD pursuant to a SCDC policy related to Inmate Correspondence Privileges. ECF No. #89 -1. Generally, courts cannot interfere with administrative matters within a prison. See generally Sweet v. S.C. Dept of Corrections, 529 F.2d 854, 859 (4th Cir. 1975) (describing federal court's deference to prison administrators and all administrative matters unless the condition arises to the level of a constitutional violation). However, it appears from the filings that this DVD is being sent to Plaintiff in connection with ongoing litigation and is apparently necessary for him to be able to respond to a dispositive motion in this case. While this court is mindful of the need to review incoming correspondence to inmates, a 90-day review of these discovery documents creates an unreasonable burden on Plaintiff's ability to respond to a pending motion. The Civil Justice Reform Act ("CJRA") "places substantial burdens on everyone involved in litigation in district courts. The CJRA requires district courts to manage litigation with a view toward reducing delay and cost in bringing cases to trial. In this regard, the CJRA sets time limits that are to be met by the trial courts for all pre-trial proceedings and ultimately trial. 28 U.S.C. 473(a)(2)(B)." United States v. Diamond Indust., Inc., 145 F.R.D. 48, 49 (D. Del. 1992); see Choice Hotels Int'l, Inc. v. Goodwin and Boone, 11 F.3d 469, 475 (4th Cir. 1993) (citing the CJRA and noting that "[t]rial courts are under constant pressure to dispose of the business of the court... and are criticized when they take too much time in disposing of cases.") (Britt, D.J., dissenting).This case has been pending since November 15, 2019, and this court is mindful of the time limits in place pursuant to the CJRA. Accordingly, this court directs Defendants to provide a status report to the court on or before April 27, 2022, advising this court on efforts made to ensure Plaintiff has access to the discovery documents needed to respond to the pending dispositive motion. Further, this court directs Defendants to apprise the court on or before April 27, 2022 whether they intend to provide Plaintiff with Disciplinary Report Form 19.69, as well as the requested electronic documents he references in ECF No. #89 , and/or whether they assert some sort of privilege or objection to the same. Accordingly, Plaintiff's Motions for Extension of Time to File a Response, ECF Nos. #87 and #88 are granted. Plaintiff's Response will be due pending the status report of Defendants and within 14 days after the receipt of the outstanding discovery. It is so ordered. Signed by Magistrate Judge Kaymani D West on 4/21/2022.(prou, )
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Filing 89
REPLY to Response to Motion re #78 MOTION to Compel MOTION for Extension of Time to Complete Discovery. Response filed by Jonathan Donell Edwards Rhodes. (Attachments: #1 Supporting Documents, #2 Envelope)(prou, )
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Filing 88
MOTION for Extension of Time to File Response/Reply as to #79 MOTION to Dismiss Or In The Alternative Motion For Summary Judgment by Jonathan Donell Edwards Rhodes. Response to Motion due by 4/25/2022. 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, )
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Filing 87
MOTION for Extension of Time to File Response/Reply as to #79 MOTION to Dismiss Or In The Alternative Motion For Summary Judgment by Jonathan Donell Edwards Rhodes. Response to Motion due by 4/14/2022. 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, )
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Filing 86
REPLY to Response to Motion re #78 MOTION to Compel. Response filed by Jonathan Donell Edwards Rhodes. (Attachments: #1 Envelope)(prou, )
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Filing 85
***DOCUMENT MAILED: 84 Text Order on Motion to Compel, Text Order on Motion for Extension of Time to Complete Discovery, placed in U.S. Mail from Florence Clerk's Office to Jonathan Donell Edwards Rhodes, #343817, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC 29010. (prou, )
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Filing 84
TEXT ORDER: On February 28, 2022, Plaintiff filed a Motion to Compel Discovery. ECF No. #78 . Within his Motion, Plaintiff asserts that he submitted a written request for certain enumerated documents upon Defendants but has not received responses. ECF No. #78 . He requests an order compelling the production of these documents, as well as an extension of time to obtain discovery, as he asserts the documents sought are needed to support his claims. ECF No. #78 . On March 10, 2022, Defendants filed a Response In Opposition to Plaintiff's Motion to Compel, indicating that on March 7, 2022, they responded to the requests to which they had responsive information, that is obtainable, within their possession, and that they are permitted to produce. ECF No. #83 . Based on the information provided in Defendants' Response, this court finds that Plaintiff's Motion to Compel is denied as moot. It is so ordered. Signed by Magistrate Judge Kaymani D West on 3/11/2022.(prou, )
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Filing 83
RESPONSE in Opposition re #78 MOTION to Compel MOTION for Extension of Time to Complete Discovery Response filed by Fracine Bachman, Ms Birch, James Blackwell, Larry Cooper, Joseph McFadden, Tiffany Ravenell, Ms. Rice, Jordan Williams.Reply to Response to Motion due by 3/17/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ganes, Elloree)
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Filing 81
***DOCUMENT MAILED: #80 Roseboro Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Jonathan Donell Edwards Rhodes, #343817, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC 29010. (prou, )
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Filing 80
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #79 MOTION to Dismiss Or In The Alternative Motion For Summary Judgment. Response to Motion due by 4/11/2022. 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 3/9/2022. (prou, )
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Filing 79
MOTION to Dismiss Or In The Alternative Motion For Summary Judgment by Fracine Bachman, Ms Birch, James Blackwell, Larry Cooper, Joseph McFadden, Tiffany Ravenell, Ms. Rice, Bryan Stirling, Jordan Williams. Response to Motion due by 3/22/2022. 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 Exhibit Ex. 1 (SLIPSHEET-Audio CD), #2 Exhibit Ex. 2 (SLIPSHEET-Audio CD), #3 Exhibit Ex. 3 (SLIPSHEET-Audio CD), #4 Exhibit Ex. 4 (Grievance-11.23.16), #5 Exhibit Ex. 5 (SLIPSHEET-Audio CD), #6 Exhibit Ex. 6 (SLIPSHEET-Audio CD), #7 Exhibit Ex. 7 (McKie Affidavit))No proposed order.Motions referred to Kaymani D West.(Ganes, Elloree)
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Filing 78
MOTION for an Order Compelling Discovery, MOTION for Extension of Time to Complete Discovery ( Response to Motion due by 3/14/2022. 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 Jonathan Donell Edwards Rhodes. (Attachments: #1 Supporting Documents, #2 Letter from Jonathan Rhodes, #3 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, )
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Filing 75
Letter from Jonathan Rhodes. (Attachments: #1 Envelope)(prou, )
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Filing 74
REPLY IN OPPOSITION by Jonathan Donell Edwards Rhodes to #70 Answer to Amended Complaint,. (Attachments: #1 Envelope)(prou, )
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Filing 73
***DOCUMENT MAILED: #72 Amended Scheduling Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Jonathan Donell Edwards Rhodes, #343817, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC 29010. (prou, )
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Filing 72
AMENDED SCHEDULING ORDER: Discovery due by 2/22/2022, Motions due by 3/8/2022. Signed by Magistrate Judge Kaymani D West on 12/20/2021. (prou, )
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Filing 71
Letter from Jonathan Rhodes regarding discovery. (Attachments: #1 Envelope)(prou, )
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Filing 70
ANSWER to #60 Amended Complaint, by Fracine Bachman, James Blackwell, Larry Cooper, Joseph McFadden, Tiffany Ravenell, Ms. Rice, Jordan Williams, Ms. Birch.(Ganes, Elloree) Modified on 12/6/2021 to add filer listed on document (prou, ).
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Filing 68
WAIVER OF SERVICE by Ms. Rice, Joseph McFadden, Fracine Bachman, James Blackwell, Jordan Williams, Tiffany Ravenell. Ms. Rice waiver executed on 12/1/2021, answer due 1/31/2022. (Ganes, Elloree)
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Filing 67
WAIVER OF SERVICE by Joseph McFadden, Ms Birch, James Blackwell, Jordan Williams, Tiffany Ravenell. Jordan Williams waiver executed on 12/1/2021, answer due 1/31/2022. (Ganes, Elloree)
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Filing 64
NOTICE of Appearance by Evan Michael Sobocinski on behalf of Fracine Bachman, Ms Birch, James Blackwell, Joseph McFadden, Tiffany Ravenell, Bryan Stirling (Sobocinski, Evan)
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Filing 63
***DOCUMENT MAILED: 59 TEXT Order on Motions to Amend placed in U.S. Mail from Florence Clerks Office to Jonathan Donell Edwards Rhodes, #343817, LCI, 990 Wisacky Highway, Bishopville, SC, 29010 (dsto, )
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Filing 60
AMENDED COMPLAINT against Fracine Bachman, Ms Birch, James Blackwell, Larry Cooper, Joseph McFadden, Tiffany Ravenell, Jordan Williams, Ms. Rice, filed by Jonathan Donell Edwards Rhodes. Service due by 2/22/2022. (Attachments: #1 Supporting Documents)(dsto, )
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Filing 59
TEXT ORDER: On November 8, 2021, Plaintiff filed a Motion to Amend his Complaint, and indicates that he seeks to drop a Defendant, add two Defendants (the court notes Plaintiff represents he is seeking to add two Defendants, but the court finds he is seeking to add three, including a previously dismissed party, Larry Cooper), and add a legal claim. ECF No. #55 . Defendants responded to Plaintiff's Motion on November 22, 2021, and indicate they do not object to the amendment. ECF No. #58 . It appears to the court that Plaintiff seeks drop Defendant Bryan Stirling as a party and seeks to add Jordan Williams (Captain), Larry Cooper (a Defendant dismissed by court order on July 30, 2021) and Ms. Rice (Mental Health Coordinator) as parties to this action. On November 22, 2021, Plaintiff filed a separate Motion for Leave to Amend, stating additional facts next to the partys names. See ECF No. #57 . Plaintiff's Motions, ECF Nos, #55 , #57 , are granted, and the clerk of court is instructed to docket ECF No. #55 -1 as the operative Complaint. The clerk is instructed to docket ECF No. #57 as an attachment to the operative Complaint. Defense Counsel shall notify the court whether she is willing to accept service on behalf of the two newly named Defendants on or before December 1, 2021. Plaintiff is advised that the time to amend his pleadings is now over. Plaintiff filed a Motion to Appoint Counsel on November 22, 2021. ECF No. #56 . At this early stage in the ligation process, Plaintiff's request for appointment of counsel is denied. 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 11/23/2021.(dsto, )
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Filing 58
RESPONSE in Support re #55 MOTION to Amend/Correct #1 Complaint, Response filed by Fracine Bachman, Ms Birch, James Blackwell, Joseph McFadden, Tiffany Ravenell, Bryan Stirling. (Ganes, Elloree)
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Filing 57
MOTION for Leave to Amend by Jonathan Donell Edwards Rhodes. Response to Motion due by 12/6/2021. 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, )
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Filing 56
MOTION to Appoint Counsel by Jonathan Donell Edwards Rhodes. Response to Motion due by 12/6/2021. 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, )
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Filing 55
MOTION to Amend/Correct #1 Complaint, by Jonathan Donell Edwards Rhodes. Response to Motion due by 11/22/2021. 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 Amended Complaint, #2 Supporting Documents, #3 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, )
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Filing 54
USM-285 Returned Executed. Ms Birch served on 10/7/2021, answer due 10/28/2021. (prou, )
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Filing 53
USM-285 Returned Executed. Fracine Bachman served on 10/7/2021, answer due 10/28/2021. (prou, )
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Filing 52
USM-285 Returned Executed. Tiffany Ravenell served on 10/7/2021, answer due 10/28/2021. (prou, )
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Filing 51
USM-285 Returned Executed. James Blackwell served on 10/7/2021, answer due 10/28/2021. (prou, )
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Filing 50
USM-285 Returned Executed. Joseph McFadden served on 10/7/2021, answer due 10/28/2021. (prou, )
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Filing 49
USM-285 Returned Executed. Bryan Stirling served on 10/7/2021, answer due 10/28/2021. (prou, )
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Filing 48
***DOCUMENT MAILED: #47 Scheduling Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Jonathan Donell Edwards Rhodes, #343817, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC 29010. (prou, )
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Filing 47
SCHEDULING ORDER: Motions to Amend Pleadings due by 11/22/2021, Discovery due by 12/21/2021, Motions due by 1/31/2022. Signed by Magistrate Judge Kaymani D West on 10/22/2021. (prou, )
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Filing 46
ANSWER to #1 Complaint, by Fracine Bachman, Ms Birch, James Blackwell, Larry Cooper, Joseph McFadden, Tiffany Ravenell, Bryan Stirling.(Ganes, Elloree)
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Filing 44
Summons Issued as to Fracine Bachman, Ms Birch, James Blackwell, Joseph McFadden, Tiffany Ravenell, Bryan Stirling. Service due by 12/23/2021. (dsto, )
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Filing 43
***DOCUMENT MAILED: #42 Order 1983 w/NEF, placed in U.S. Mail from Florence Clerks Office to Jonathan Donell Edwards Rhodes, #343817, LCI, 990 Wisacky Highway, Bishopville, SC, 29010 (dsto, )
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Filing 42
ORDER authorizing service of process. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Plaintiff is also directed to notify the clerk in writing of any change of address. Signed by Magistrate Judge Kaymani D West on 09/24/2021. (dsto, )
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Filing 41
NOTICE of Change of Address by Jonathan Donell Edwards Rhodes from Jonathan Donell Edwards Rhodes, #343817, Perry Correctional Institution, 430 Oaklawn Road, Pelzer, SC 29669 **TO** Jonathan Rhodes, #343817, Lee Correctional Institution, 990 Wisacky Highway, Bishopville, SC 29010. (Attachments: #1 Envelope)(prou, )
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Filing 40
Letter from Jonathan Rhodes. (Attachments: #1 Envelope)(prou, )
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Filing 36
***DOCUMENT MAILED: #33 Opinion and Order Ruling on Report and Recommendation w/NEF, placed in U.S. Mail from Florence Clerk's Office to Jonathan Donell Edwards Rhodes, 343817, Perry Correctional Institution, 430 Oaklawn Road, Pelzer, SC 29669. (prou, )
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Filing 33
OPINION AND ORDER RULING ON REPORT AND RECOMMENDATION: After careful consideration of the Report [ECF No. #12 ], the record, and the relevant law, the court declines to adopt the Report to the extent it concludes that Plaintiff's section 1983 claims related to his disciplinary hearing are barred by Heck v. Humphrey, 512 U.S. 477 (1994) and its progeny. On this point, the undersigned recommits the matter to the Magistrate Judge to determine whether, absent the Heck-bar, Plaintiff otherwise states viable section 1983 claims related to the disciplinary hearing. Further, the court adopts the Report, in part, and incorporates it herein to the extent not inconsistent with the above, to the extent it recommends dismissal of the false disciplinary charge. As a result, the false disciplinary charge and Defendant Larry Cooper are dismissed from this action. Plaintiff's motions to amend [ECF Nos. #23 , #28 , #32 ] are DENIED as futile. IT IS SO ORDERED. Signed by Honorable Sherri A Lydon on 7/30/2020. (prou, )
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Filing 32
MOTION to Amend/Correct #1 Complaint, by Jonathan Donell Edwards Rhodes. Response to Motion due by 7/23/2020. 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 Documents, #2 Envelope)No proposed order.(prou, )
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Filing 28
MOTION to Amend/Correct #1 Complaint, by Jonathan Donell Edwards Rhodes. Response to Motion due by 4/13/2020. 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.(prou, )
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Filing 27
Letter from Jonathan Rhodes. (Attachments: #1 Envelope)(prou, )
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Filing 25
***DOCUMENT MAILED 24 Case Reassigned placed in U.S. Mail from Columbia Clerks Office to Jonathan Donell Edwards Rhodes (glev, )
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Filing 24
Case Reassigned to Judge Sherri A Lydon. Judge Honorable Henry M Herlong, Jr no longer assigned to the case. (glev, )
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Filing 23
MOTION to Amend/Correct #1 Complaint, by Jonathan Donell Edwards Rhodes. Response to Motion due by 1/16/2020. 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.(prou, )
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Filing 21
OBJECTION to #12 Report and Recommendation by Jonathan Donell Edwards Rhodes. Reply to Objections due by 1/6/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope) (lsut, )
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Filing 20
Letter from Jonathan Rhodes. (Attachments: #1 Envelope)(prou, )
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Filing 18
***DOCUMENT MAILED: 17 Text Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail from Florence Clerk's Office to Jonathan Donell Edwards Rhodes, 343817, Perry Correctional Institution, 430 Oaklawn Road, Pelzer, SC 29669. (prou, )
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Filing 17
TEXT ORDER granting #15 Motion for Extension of Time to File Objections re #12 REPORT AND RECOMMENDATION re #1 Complaint, filed by Jonathan Donell Edwards Rhodes. Objections to #12 Report and Recommendation due by 12/20/2019. 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. Entered by Honorable Henry M Herlong, Jr on 12/05/2019. (bedw)
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Filing 16
MOTION for Leave to File an Amended Complaint by Jonathan Donell Edwards Rhodes. Response to Motion due by 12/19/2019. 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. (Attachments: #1 Envelope)No proposed order.(prou, )
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Filing 15
MOTION for Extension of Time to File Response/Reply as to #12 REPORT AND RECOMMENDATION re #1 Complaint, by Jonathan Donell Edwards Rhodes. Response to Motion due by 12/19/2019. 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. (Attachments: #1 Envelope)No proposed order.(prou, )
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Filing 13
***DOCUMENTS MAILED: #10 Order - 1983 - No Service w/NEF, 11 Order on Motion for Leave to Proceed in forma pauperis, #12 REPORT AND RECOMMENDATION w/NEF, placed in U.S. Mail from Florence Clerk's Office to Jonathan Donell Edwards Rhodes, 343817, Perry Correctional Institution, 430 Oaklawn Road, Pelzer, SC 29669. (prou, )
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Filing 12
REPORT AND RECOMMENDATION: The undersigned recommends that the court dismiss the complaint without issuance and service of process. Objections to R&R due by 12/6/2019. 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 11/22/2019. (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 11/22/2019.(prou, )
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Filing 10
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 11/22/2019. (prou, )
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Filing 3
TRUE DIVISION FOR TRIAL: Charleston. (prou, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Jonathan Donell Edwards Rhodes. Response to Motion due by 12/2/2019. 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 Letter, #3 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, )
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Filing 1
COMPLAINT against Fracine Bachman, Ms Birch, James Blackwell, Larry Cooper, Joseph McFadden, Tiffany Ravenell, Bryan Stirling, filed by Jonathan Donell Edwards Rhodes. Service due by 2/13/2020. (Attachments: #1 Supporting Documents, #2 Envelope)(prou, )
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