Early v. Cannon et al
| Jacques Early |
| James Alton Cannon, Jr and Joyce Monts |
| 6:2019cv02846 |
| October 7, 2019 |
| US District Court for the District of South Carolina |
| Jacquelyn D Austin |
| Donald C Coggins |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 26 ***DOCUMENT MAILED 24 Order on Motion to Compel, 25 Order on Motion to Appoint Counsel, placed in U.S. Mail from Greenville Clerks Office to Jacques Early 60875 Allegheny County Jail 950 2nd Avenue Pittsburgh, PA 15219-3100 (gpre, ) |
Filing 25
TEXT ORDER denying #23 Motion to Appoint Counsel. There is no constitutional right to appointed counsel in a civil case, Whisenant v.Yaum, 739 F.2d 160, 163 (4th Cir. 1984) (holding that 28 U.S.C. 1915 does not authorize compulsory appointment of counsel), abrogated on other grounds by Mallard v. U.S. Dist. Ct., 490 U.S. 296, 298 (1989), but this Court may exercise its discretion to appoint counsel for an indigent in a civil action, 28 U.S.C. 1915(d); see Smith v. Blackledge, 451 F.2d 1201, 1203 (4th Cir. 1971). However, the Fourth Circuit has stated that counsel should be appointed only in exceptional circumstances, which "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) (internal quotation marks omitted) (quoting Whisenant, 739 F.2d at 163). The pleadings and documents filed in this case fail to demonstrate exceptional circumstances exist warranting the appointment of counsel at this stage in the proceedings. Accordingly, Plaintiff's motion is denied, but if the case survives dispositive motions, Plaintiff may renew his request for appointment of counsel. Signed by Magistrate Judge Jacquelyn D Austin on 11/25/2019.(gpre, )
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Filing 24
TEXT ORDER denying #22 Motion to Compel Discovery. Plaintiffs motion appears to request that this Court engage in discovery on his behalf. The rules of Federal Procedure, however, require the Plaintiff to serve any requests for discovery on the Defendant or the party from whom discovery is being sought. [See, Rule 26, Federal Rules Civil Procedure.] To the extent Plaintiff is seeking to have the Court obtain discovery on his behalf, the motion is denied. Signed by Magistrate Judge Jacquelyn D Austin on 11/25/2019.(gpre, )
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| Filing 23 MOTION to Appoint Counsel by Jacques Early. Response to Motion due by 12/2/2019. 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 to Judge Austin regarding video, #2 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(gpre, ) |
| Filing 22 MOTION to Compel Discovery prior to summary judgment procedures by Jacques Early. Response to Motion due by 12/2/2019. 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 Jacquelyn D Austin.(gpre, ) |
| Filing 21 PLAINTIFF'S UNADDRESSED CLAIM by Jacques Early. (Attachments: #1 Envelope)(gpre, ) |
| Filing 19 OBJECTION to #15 Report and Recommendation by Jacques Early. Reply to Objections due by 12/2/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(gpre, ) |
| Filing 17 Summons Issued as to James Alton Cannon, Jr. Service due by 2/3/2020 (gpre, ) |
| Filing 16 ***DOCUMENT MAILED #15 REPORT AND RECOMMENDATION re #1 Complaint filed by Jacques Early, #14 Order 1983, placed in U.S. Mail from Greenville Clerks Office to Jacques Early 60875 Allegheny County Jail 950 2nd Avenue Pittsburgh, PA 15219-3100 (gpre, ) |
| Filing 15 REPORT AND RECOMMENDATION recommends that the District Court dismiss Defendant Monts from this action and dismiss Plaintiffs official capacity claims against Defendant Cannon. Plaintiffs remaining claims against Defendant Cannon in his individual capacity remain pending. Objections to R&R due by 11/14/2019. 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 Jacquelyn D Austin on 10/31/2019. (gpre, ) |
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Filing 14
ORDER authorizing partial service of process as to only Defendant James Alton Cannon, Jr. Apprising the defendant of deadline for filing dispositive motions. Signed by Magistrate Judge Jacquelyn D Austin on 10/31/2019. (gpre, )
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| Filing 13 Letter from Jacques Early regarding status of case. Case is ready for review. (Attachments: #1 Envelope)(gpre, ) |
| Filing 10 ***DOCUMENT MAILED 8 Order on Motion to Appoint Counsel, Order on Motion for Leave to Proceed in forma pauperis, #9 Proper Form Order, Summons form, USM-285 forms (2), placed in U.S. Mail from Greenville Clerks Office to Jacques Early 60875, Allegheny County Jail, 950 2nd Avenue, Pittsburgh, PA 15219 (gpre, ) |
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Filing 9
PROPER FORM ORDER directing Plaintiff to notify the clerk in writing of any change of address. Case to be brought into proper form by 10/31/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 10/10/2019. (gpre, )
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Filing 8
TEXT ORDER denying #4 Motion to Appoint Counsel ; granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Jacquelyn D Austin on 10/10/2019.(gpre, )
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| Filing 5 TRUE DIVISION FOR TRIAL: Greenville. (gpre, ) |
| Filing 4 MOTION to Appoint Counsel by Jacques Early. Response to Motion due by 10/21/2019. 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 Jacquelyn D Austin.(gpre, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Jacques Early. Response to Motion due by 10/21/2019. 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 Jacquelyn D Austin.(gpre, ) |
| Filing 1 COMPLAINT against James Alton Cannon, Jr, Joyce Monts, filed by Jacques Early. Service due by 1/6/2020 (Attachments: #1 Exhibit A-Facts, #2 Exhibit B-Legal Claims, #3 Envelope)(gpre, ) |
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