Capell v. Wray et al
| Kevin W Capell and Kevin Capell |
| Director Patricia Wray, Major Lumpkin and Capt Willie Sweat |
| 5:2021cv03765 |
| November 17, 2021 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Kaymani D West |
| Prison:Prison Condition |
| 42 U.S.C. § 1983 |
| Defendant |
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 28
***DOCUMENT MAILED: 27 Text Order on Motion to Appoint Counsel, placed in U.S. Mail from Florence Clerk's Office to Kevin W. Capell, #32, Sumter County Detention Center, 1250 Winkles Rd., Sumter, SC, 29153. (prou, )
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Filing 27
TEXT ORDER: Plaintiff filed a Motion to Appoint Counsel on January 13, 2022. ECF No. #25 . Within his Motion, Plaintiff represents that Defendants have delayed providing requested legal materials, and the facility employing Defendants have withheld his mail. 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 Brock v. City of Richmond, 983 F.2d 1055 (4th Cir. 1993) (unpublished table decision) (quoting Whisenant v. Yaum, 739 F.2d 160, 163 (4th Cir. 1984)).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 1/14/2022.(prou, )
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Filing 26
Letter from Kevin W. Capell. (Attachments: #1 Certificate of Service of Discovery, #2 Envelope)(prou, )
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Filing 25
MOTION to Appoint Counsel by Kevin W Capell. Response to Motion due by 1/27/2022. 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 23
***DOCUMENT MAILED: #22 Scheduling Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Kevin W. Capell, #32, Sumter County Detention Center, 1250 Winkles Rd., Sumter, SC, 29153. (prou, )
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Filing 22
SCHEDULING ORDER: Motions to Amend Pleadings due by 2/2/2022, Discovery due by 3/4/2022, Motions due by 4/13/2022. Signed by Magistrate Judge Kaymani D West on 1/3/2022. (prou, )
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Filing 21
ANSWER to #1 Complaint by Major Lumpkin, Willie Sweat, Patricia Wray. (Attachments: #1 Certificate of Service)(Davis, James)
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Filing 20
USM-285 Returned Executed. Willie Sweat served on 12/7/2021, answer due 12/29/2021. (prou, )
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Filing 19
USM-285 Returned Executed. Major Lumpkin served on 12/7/2021, answer due 12/29/2021. (prou, )
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Filing 18
USM-285 Returned Executed. Patricia Wray served on 12/7/2021, answer due 12/29/2021. (prou, )
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Filing 17
***DOCUMENT MAILED 16 Text Order placed in U.S. Mail from Florence Clerks Office to Kevin W. Capell, #32, SCDC, 1250 Winkles Rd., Sumter, SC, 29153 (hcic, )
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Filing 16
TEXT ORDER: On December 8, 2021, Plaintiff filed a Motion requesting that Defendants release certain documents to him. ECF No. #15 . Plaintiff's motion is denied as premature. Defendants have not yet made an appearance in this action. Once Defendants have been served and filed an answer or otherwise appeared, Plaintiff is advised that he may serve them with requests for discovery in accordance with Rules 33 and 34 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Kaymani D West on 12/9/2021.(hcic, )
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Filing 15
MOTION for Release of Documents by Kevin W Capell. Response to Motion due by 12/22/2021. 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 Letter from Kevin W. Capell, #2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, )
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Filing 14
***DOCUMENT MAILED: 13 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Florence Clerks Office to Kevin W. Capell, #32, SCDC, 1250 Winkles Rd., Sumter, SC, 29153 (dsto, )
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Filing 13
ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #9 Serve Order. Signed by Magistrate Judge Kaymani D West on 11/23/2021.(dsto, )
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Filing 11
Summons Issued as to Major Lumpkin, Willie Sweat, Patricia Wray. Service due by 2/22/2022. (dsto, )
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Filing 10
***DOCUMENT MAILED #9 Order 1983 w/NEF, placed in U.S. Mail from Florence Clerks Office to Kevin W. Capell, #32, SCDC, 1250 Winkles Rd., Sumter, SC, 29153 (dsto, )
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Filing 9
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. Plaintiff is also directed to notify the clerk in writing of any change of address. Signed by Magistrate Judge Kaymani D West on 11/23/2021. (dsto, )
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Filing 4
TRUE DIVISION FOR TRIAL: Columbia. (prou, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Kevin W Capell. Response to Motion due by 12/1/2021. 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.(prou, )
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Filing 1
COMPLAINT against Major Lumpkin, Willie Sweat, Patricia Wray, filed by Kevin W Capell. Service due by 2/15/2022. (Attachments: #1 Envelope)(prou, )
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