McKenzie v. Glisson et al
| Dywain Camel McKenzie |
| Sr Cpl Glisson, Sr Cpl Gregg-Wright, Capt Sweat and Lt Martin |
| 5:2021cv03779 |
| November 18, 2021 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Kaymani D West |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 22 ***DOCUMENTS MAILED: #21 Second Proper Form Order w/NEF and USM-285 Forms, placed in U.S. Mail from Florence Clerk's Office to Dywain Camel McKenzie, #63349, Sumter Lee Regional Detention Center, 1250 Winkles Road, Sumter, SC 29153. (prou, ) |
Filing 21
SECOND PROPER FORM ORDER: Case to be brought into proper form by 2/4/2022. 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 1/14/2022. (prou, )
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| Filing 19 ***DOCUMENTS MAILED: 17 Text Order on Motion for Leave to Proceed in forma pauperis, 18 Text Order on Motion to Appoint Counsel, placed in U.S. Mail from Florence Clerk's Office to Dywain Camel McKenzie, #63349, Sumter Lee Regional Detention Center, 1250 Winkles Road, Sumter, SC 29153. (prou, ) |
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Filing 18
TEXT ORDER: Plaintiff filed a motion to appoint counsel. ECF No. #3 . 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. #3 , is denied. Signed by Magistrate Judge Kaymani D West on 12/15/2021.(prou, )
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Filing 17
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 12/15/2021.(prou, )
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| Filing 14 AMENDED COMPLAINT against Sr Cpl Glisson, Sr Cpl Gregg-Wright, Capt Sweat, Lt Martin, filed by Dywain Camel McKenzie. Service due by 3/14/2022. (Attachments: #1 Envelope)(prou, ) |
| Filing 12 ***DOCUMENTS MAILED: #11 Proper Form Order and Notice w/NEF, Complaint form, Summons, and two USM-285 Forms, placed in U.S. Mail from Florence Clerk's Office to Dywain Camel McKenzie, #63349, Sumter Lee Regional Detention Center, 1250 Winkles Road, Sumter, SC 29153. (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 December 15, 2021, 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 12/15/2021. 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 12/1/2021. (prou, )
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| Filing 5 TRUE DIVISION FOR TRIAL: Columbia. (prou, ) |
| Filing 3 MOTION to Appoint Counsel by Dywain Camel McKenzie. Response to Motion due by 12/2/2021. 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, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Dywain Camel McKenzie. Response to Motion due by 12/2/2021. 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, ) |
| Filing 1 COMPLAINT against Sr Cpl Glisson, Sr Cpl Gregg-Wright, filed by Dywain Camel McKenzie. Service due by 2/16/2022. (Attachments: #1 Envelope)(prou, ) |
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