Jones v. Wells
Lewis Jones |
Cpt Wells and Major Anderson |
5:2021cv03795 |
November 19, 2021 |
US District Court for the District of South Carolina |
Donald C Coggins |
Kaymani D West |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 |
None |
Docket Report
This docket was last retrieved on January 19, 2022. A more recent docket listing may be available from PACER.
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Filing 21 ***DOCUMENTS MAILED: #19 Order - 1983 - No Service w/NEF, #20 REPORT AND RECOMMENDATION w/NEF, placed in U.S. Mail from Florence Clerk's Office to Lewis Jones, Cherokee County Detention Center, 315 E Meadows St, Gaffney, SC 29340. (prou, ) |
Filing 20 REPORT AND RECOMMENDATION: The undersigned recommends the district court dismiss this action with prejudice. Objections to R&R due by 12/29/2021. 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. Signed by Magistrate Judge Kaymani D West on 12/15/2021. (Attachments: #1 Notice of Right to File Objections)(prou, ) |
Filing 19 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 12/15/2021. (prou, ) |
Filing 14 AMENDED COMPLAINT against Cpt Wells, filed by Lewis Jones. Service due by 3/10/2022. (Attachments: #1 Certified Mail Receipt, #2 Certified Mail Envelope to Lewis Jones, #3 Envelope)(prou, ) |
Filing 12 ***DOCUMENTS MAILED: 11 Text Order on Motion for Leave to Proceed in forma pauperis, #10 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 Lewis Jones, Cherokee County Detention Center, 315 E Meadows St, Gaffney, SC 29340. (prou, ) |
Filing 11 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 12/1/2021.(prou, ) |
Filing 10 PROPER FORM ORDER AND NOTICE: Plaintiff may attempt to correct the defects in his complaint by filing an amended complaint by December 14, 2021, along with any appropriate service documents. An amended complaint should contain allegations of specific acts or omissions by the defendants. 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 12/14/2021. 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, ) |
Filing 4 TRUE DIVISION FOR TRIAL: Spartanburg. (prou, ) |
Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Lewis Jones. Response to Motion due by 12/3/2021. 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 Major Anderson, Cpt Wells, filed by Lewis Jones. Service due by 2/17/2022. (Attachments: #1 Envelope)(prou, ) |
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