Johnson v. McCullough et al
| Osha A Johnson |
| Lieutenant Marquita McCullough, Lieutenant Christopher Timmons, Lieutenant Desmond Weston, Lieutenant Robinson, Lieutenant McKissack, Captain Damon Greene, Captain Annie McCullough, Associate Warden Commander, Associate Warden Tisdall, Warden Jackson, Regional Director Willaims, Brian P Sterling, Governor Henry McMaster and DHO Brown |
| 5:2023cv03368 |
| July 14, 2023 |
| US District Court for the District of South Carolina |
| Joseph F Anderson |
| Kaymani D West |
| Prison:Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights, State Filers |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 34 ***DOCUMENT MAILED: #33 Roseboro Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Osha A Johnson, #347290, Lieber Correctional Institution, MAX-B 237, 136 Wilborn Avenue, Ridgeville, SC 29472. (prou, ) |
Filing 33
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 #31 MOTION to Dismiss. Response to Motion due by 10/12/2023. 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 9/11/2023. (prou, )
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| Filing 36 MOTION for Copies at no expense by Osha A Johnson. Response to Motion due by 9/22/2023. 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 35 MOTION for Order to Show Cause by Osha A Johnson. Response to Motion due by 9/22/2023. 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 32 Local Rule 26.01 Answers to Interrogatories by Henry McMaster.(Lambert, William) |
| Filing 31 MOTION to Dismiss by Henry McMaster. Response to Motion due by 9/21/2023. 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. No proposed order.Motions referred to Kaymani D West.(Lambert, William) |
| Filing 30 ***DOCUMENT MAILED: 29 Text Order on Motion for Intervention, Text Order on Motion for Settlement, placed in U.S. Mail from Florence Clerk's Office to Osha A Johnson, #347290, Lieber Correctional Institution, MAX-B 237, 136 Wilborn Avenue, Ridgeville, SC 29472. (prou, ) |
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Filing 29
TEXT ORDER: Plaintiff has filed two documents in this case, the first styled as a Motion for Intervention. ECF No. #27 . Within this Motion, Plaintiff details for the court a series of interactions and/or issues he has had with prison officials while incarcerated. Plaintiff asserts that due to these various interactions, he believes his case is being affected as he has limited access to legal work. Generally, courts cannot interfere with administrative matters within a prison. See generally Sweet v. S.C. Dep't 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). The court therefore declines to grant the relief requested in Plaintiff's Motion, ECF No. #27 . Plaintiff also filed a Motion for Settlement, ECF No. #28 , wherein he outlines the reasons he believes the individuals he has sued in this case should pay the requested sums of money. The court denies Plaintiff's Motion for Settlement, ECF No. #28 , at this time. Signed by Magistrate Judge Kaymani D West on 9/1/2023.(prou, )
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| Filing 28 MOTION for Settlement by Osha A Johnson. Response to Motion due by 9/13/2023. 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 27 MOTION for Intervention by Osha A Johnson. Response to Motion due by 9/13/2023. 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 26 ***DOCUMENT MAILED: 25 Text Order on Motion to Appoint Counsel, placed in U.S. Mail from Florence Clerk's Office to Osha A Johnson, #347290, Lieber Correctional Institution, MAX-B 237, 136 Wilborn Avenue, Ridgeville, SC 29472. (prou, ) |
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Filing 25
TEXT ORDER: On August 25, 2023, Plaintiff filed his second Motion to Appoint Counsel in this case. ECF No. #23 . Plaintiff alleges that the court erred in denying him counsel because he has a documented mental health condition and suffers from bipolar disorder, P.T.S.D., A.D.H.D., A.D.D., excessive mood swings, and other issues. ECF No. #23 . Plaintiff further alleges he has a learning disability, he has a reading level of 5.2, and is unable to spell without the help of others. Id. First, the court notes that his learning disability issue and related issued were previously raised in his initial Motion. See ECF No. #3 . Second, the court is mindful of the fact that Plaintiff's Motion, along with the detailed affidavit attached in support of his second Motion, are cogent, easy to follow and include citations to case law, as well as analyses of these cases. However, the court has once again considered the arguments made by Plaintiff. The court notes that 28 U.S.C. 1915(e)(1) provides the court discretion to request an attorney represent a civil litigant who has been granted in forma pauperis status. A court should exercise its discretion and secure counsel only under "exceptional circumstances." Miller v. Simmons, 814 F.2d 962, 966 (4th Cir.1987). The Fourth Circuit has provided that exceptional circumstances exist in cases where a pro se litigant has a colorable claim but does not have the capacity to present it. Hall v. Holsmith, 340 F. App'x 944, 946 (4th Cir.2009). This court has considered the arguments made by Plaintiff, including those within his affidavit where he outlines his issues with the correctional officers, staff, and administration, as well as his arguments regarding grievance procedures and access to the law library. The court has also reviewed what appears to be Plaintiff's Treatment Plan for some mental issues that he attached to his Motion. See ECF No. #23 -1. Having reviewed these records, the court denies Plaintiff's Motion, ECF No. #23 , at this stage of the litigation, for the reasons expressed herein and previously mentioned in considering his first Motion to Appoint Counsel. Signed by Magistrate Judge Kaymani D West on 8/25/2023.(prou, )
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| Filing 23 MOTION to Appoint Counsel by Osha A Johnson. Response to Motion due by 9/6/2023. 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 Document, #2 Affidavit of Osha A. Johnson, #3 SCDC Requests to Staff Member, #4 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) |
| Filing 20 Summons Issued as to DHO Brown, Associate Warden Commander, Damon Greene, Warden Jackson, Annie McCullough, Marquita McCullough, Lieutenant McKissack, Henry McMaster, Lieutenant Robinson, Brian P Sterling, Christopher Timmons, Associate Warden Tisdall, Desmond Weston, Regional Director Willaims. Service due by 11/7/2023. (prou, ) |
| Filing 19 ***DOCUMENT MAILED: #18 Order 1983 w/NEF, placed in U.S. Mail from Florence Clerk's Office to Osha A Johnson, #347290, Lieber Correctional Institution, MAX-B 237, 136 Wilborn Avenue, Ridgeville, SC 29472. (prou, ) |
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Filing 18
ORDER authorizing service of process. Signed by Magistrate Judge Kaymani D West on 8/9/2023. (prou, )
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| Filing 13 ***DOCUMENTS MAILED: 12 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion to Appoint Counsel, #11 Proper Form Order w/NEF, and fourteen USM-285 Forms, placed in U.S. Mail from Florence Clerk's Office to Osha A Johnson, #347290, Lieber Correctional Institution, MAX-B 237, 136 Wilborn Avenue, Ridgeville, SC 29472. (prou, ) |
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Filing 12
ORDER granting #2 Motion for Leave to Proceed in forma pauperis; denying #3 Motion to Appoint Counsel per #11 Proper Form Order. Signed by Magistrate Judge Kaymani D West on 7/27/2023.(prou, )
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Filing 11
PROPER FORM ORDER: Case to be brought into proper form by 8/17/2023. 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 7/27/2023. (prou, )
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| Filing 5 TRUE DIVISION FOR TRIAL: Columbia. (prou, ) |
| Filing 3 MOTION to Appoint Counsel by Osha A Johnson. Response to Motion due by 7/28/2023. 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 Osha A Johnson. Response to Motion due by 7/28/2023. 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 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) |
| Filing 1 COMPLAINT against DHO Brown, Associate Warden Commander, Damon Greene, Warden Jackson, Annie McCullough, Marquita McCullough, Lieutenant McKissack, Henry McMaster, Lieutenant Robinson, Brian P Sterling, Christopher Timmons, Associate Warden Tisdall, Desmond Weston, Regional Director Willaims, filed by Osha A Johnson. Service due by 10/12/2023. (Attachments: #1 Letter from Osha A. Johnson, #2 Envelope)(prou, ) |
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