Thomas v. Spartanburg, County of et al
| Jermaine Rodolfo Thomas |
| Mary King, Chuck Wright, Spartanburg, County of, Clifford Hayes, Sylvia Paz and Genille Lundy |
| 5:2020cv03190 |
| September 4, 2020 |
| US District Court for the District of South Carolina |
| Henry M Herlong |
| Kaymani D West |
| Prison:Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 22 OBJECTION to #19 Report and Recommendation by Jermaine Rodolfo Thomas. Reply to Objections due by 11/9/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(prou, ) |
| Filing 20 ***DOCUMENTS MAILED: #18 Order - 1983 - No Service w/NEF, #19 REPORT AND RECOMMENDATION w/NEF, placed in U.S. Mail from Florence Clerk's Office to Jermaine Rodolfo Thomas, #19-02806, Spartanburg County Detention Center, 950 California Ave, Spartanburg, SC 29303. (prou, ) |
| Filing 19 REPORT AND RECOMMENDATION: The undersigned recommends the district court dismiss this action. Objections to R&R due by 10/30/2020. 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. Signed by Magistrate Judge Kaymani D West on 10/16/2020. (prou, ) |
Filing 18
ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Signed by Magistrate Judge Kaymani D West on 10/16/2020. (prou, )
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| Filing 14 ***DOCUMENTS MAILED: 12 Text Order on Motion to Appoint Counsel, 13 Text Order on Motion for Leave to Proceed in forma pauperis, #11 Proper Form Order and Notice w/NEF, and complaint form, placed in U.S. Mail from Florence Clerk's Office to Jermaine Rodolfo Thomas, 19-02806, Spartanburg County Detention Center, 950 California Ave, Spartanburg, SC 29303. (prou, ) |
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Filing 13
TEXT ORDER: Plaintiff has submitted an Application to Proceed Without Prepayment of Fees and Affidavit, which is construed as a Motion for Leave to Proceed in forma pauperis. A review of the Motion reveals that Plaintiff does not have the funds to prepay the filing fee. Plaintiff's Motion for Leave to Proceed in forma pauperis is granted. ECF No. #2 . By filing this case, Plaintiff has incurred a debt to the United States of America in the amount of $350. See 28 U.S.C. 1914. This debt is not dischargeable in the event Plaintiff seeks relief under the bankruptcy provisions of the United States Code. See 11 U.S.C. 523(a)(17). The Prison Litigation Reform Act ("PLRA") of 1996 permits a prisoner to file a civil action without prepayment of fees or security, but requires the prisoner "to pay the full amount of the filing fee" as funds are available. See 28 U.S.C. 1915(a), (b). As the court has granted Plaintiff permission to proceed in forma pauperis, the agency having custody of Plaintiff shall collect payments from Plaintiff's prisoner trust account in accordance with 28 U.S.C. 1915(b)(1) and (2), until the full $350 filing fee is paid. Signed by Magistrate Judge Kaymani D West on 9/14/2020.(prou, )
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Filing 12
TEXT ORDER: Plaintiff filed a motion to appoint counsel on September 4, 2020. ECF No. #5 . After a review of the motion, the court has determined that there are no exceptional or unusual circumstances presented which would justify the appointment of counsel, nor would Plaintiff be denied due process if an attorney was not appointed. Whisenant v. Yuam, 739 F.2d 160 (4th Cir. 1984), abrogated on other grounds by Mallard v. U.S. Dist. Court, 490 U.S. 296 (1989). The issues in most civil rights cases are not complex, and whenever such a case brought by an uncounseled litigant goes to trial, the court outlines the proper procedure so the uncounseled litigant will not be deprived of a fair opportunity to present his or her case. Accordingly, Plaintiff's motion for a discretionary appointment of counsel under 28 U.S.C. 1915 (e)(1), ECF No. #5 , is denied. Signed by Magistrate Judge Kaymani D West on 9/14/2020.(prou, )
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Filing 11
PROPER FORM ORDER AND NOTICE: Plaintiff may attempt to correct the defects in his complaint by filing an amended complaint by September 25, 2020, 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 9/25/2020. 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 9/14/2020. (prou, )
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| Filing 6 TRUE DIVISION FOR TRIAL: Spartanburg. (prou, ) |
| Filing 5 MOTION to Appoint Counsel by Jermaine Rodolfo Thomas. Response to Motion due by 9/18/2020. 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.Motions referred to Kaymani D West.(prou, ) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Jermaine Rodolfo Thomas. Response to Motion due by 9/18/2020. 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.Motions referred to Kaymani D West.(prou, ) |
| Filing 2 Letter from Jermaine Rodolfo Thomas. (Attachments: #1 Envelope)(prou, ) |
| Filing 1 COMPLAINT against Clifford Hayes, Mary King, Genille Lundy, Sylvia Paz, Spartanburg, County of, Chuck Wright, filed by Jermaine Rodolfo Thomas. Service due by 12/3/2020. (Attachments: #1 Supporting Document, #2 Envelope)(prou, ) |
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