Davenport v. Perry et al
Plaintiff: Larry David Davenport
Defendant: Winston Mems, Loraine Kelly, John Doe, John C Perry, Janice Ergle, Gwen Childs and Winston Morris
Case Number: 6:2019cv02875
Filed: October 10, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: Kevin McDonald
Referring Judge: Terry L Wooten
Nature of Suit: Prison:Prison Condition
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2019 Filing 41 ***DOCUMENT MAILED #38 Order 1983, placed in U.S. Mail from Greenville Clerks Office to Larry David Davenport 17207-E-14 Saluda County Detention Center 205 E Church Street Saluda, SC 29138 (kric, )
December 6, 2019 Filing 40 Summons Issued as to Winston Morris. (kric, )
December 6, 2019 Opinion or Order Filing 38 ORDER authorizing service of process. The plaintiff's #35 motion to amend is granted in part and denied in part. The Clerk is directed to update the docket to reflect Winston Morris as a defendant in this action instead of Winston Mems. Apprising the defendants of deadline for filing dispositive motions and directing plaintiff to notify the clerk in writing of any change of address. IT IS SO ORDERED. Signed by Magistrate Judge Kevin McDonald on 12/6/19. (ctuc, )
December 2, 2019 Filing 35 MOTION to Amend/Correct name of defendant #1 Complaint by Larry David Davenport. Response to Motion due by 12/16/2019. 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 inmate request, #2 cover letter, #3 Envelope)No proposed order.Motions referred to Kevin McDonald.(kric, )
November 26, 2019 Filing 34 ***DOCUMENT MAILED #32 Order, #25 Summons Returned Unexecuted placed in U.S. Mail from Greenville Clerks Office to Larry David Davenport 17207-E-14 Saluda County Detention Center 205 E Church Street Saluda, SC 29138 with blank summons and USM285 form. (kric, )
November 26, 2019 Opinion or Order Filing 32 ORDER Giving the plaintiff 21 days from the date this order is entered (plus three days for mail time) to complete and return to the Clerk of Court a new summons and Form USM-285 for defendant Winston Mems, by providing an updated address for service of process. If the plaintiff cannot obtain or provide additional identifying information, the plaintiff must notify the court in writing whether he agrees to dismiss this defendant without prejudice or whether he seeks additional time for service of process with supporting reasons for such a request. IT IS SO ORDERED. Signed by Magistrate Judge Kevin McDonald on 11/26/19. (ctuc, )
November 22, 2019 Filing 30 Local Rule 26.01 Answers to Interrogatories by Loraine Kelly. (Attachments: #1 Certificate of Service)(Morrison, David)
November 22, 2019 Filing 29 Local Rule 26.01 Answers to Interrogatories by Janice Ergle. (Attachments: #1 Certificate of Service)(Morrison, David)
November 22, 2019 Filing 28 Local Rule 26.01 Answers to Interrogatories by John C Perry. (Attachments: #1 Certificate of Service)(Morrison, David)
November 22, 2019 Filing 27 ANSWER to #1 Complaint by Janice Ergle, Loraine Kelly, John C Perry. (Attachments: #1 Certificate of Service)(Morrison, David)
November 20, 2019 Filing 25 Summons Returned Unexecuted (Restricted Access) as to Winston Mems. (kric, )
November 20, 2019 Filing 24 SUMMONS Returned Executed Janice Ergle served on 11/7/2019, answer due 12/2/2019; Loraine Kelly served on 11/7/2019, answer due 12/2/2019; John C Perry served on 11/7/2019, answer due 12/2/2019. (kric, )
November 13, 2019 Filing 22 ***DOCUMENT MAILED #21 Order on Motion to Appoint Counsel placed in U.S. Mail from Greenville Clerks Office to Larry David Davenport 17207-E-14 Saluda County Detention Center 205 E Church Street Saluda, SC 29138 (kric, )
November 13, 2019 Opinion or Order Filing 21 ORDER denying #20 Motion to Appoint Counsel. Signed by Magistrate Judge Kevin McDonald on 11/13/19.(ctuc, )
November 12, 2019 Filing 20 MOTION to Appoint Counsel by Larry David Davenport. Response to Motion due by 11/26/2019. 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 Inmate requests, #2 cover letter, #3 Envelope)No proposed order.Motions referred to Kevin McDonald.(kric, )
October 31, 2019 Filing 18 Summons Issued as to Gwen Childs, Janice Ergle, Loraine Kelly, Winston Mems, John C Perry. (kric, )
October 30, 2019 Filing 17 ***DOCUMENT MAILED #15 Order 1983, #16 REPORT AND RECOMMENDATION re #1 Complaint filed by Larry David Davenport placed in U.S. Mail from Greenville Clerks Office to Larry David Davenport 17207-E-14 Saluda County Detention Center 205 E Church Street Saluda, SC 29138 (kric, )
October 30, 2019 Filing 16 REPORT AND RECOMMENDATION As the plaintiff's complaint makes no allegations with respect to defendant John Doe, the undersigned recommends that defendant John Doe be dismissed from the case. The case will go forward as to the remaining defendants. IT IS SO RECOMMENDED. Objections to R&R due by 11/13/19. 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 Kevin McDonald on 10/30/19. (ctuc, )
October 30, 2019 Opinion or Order Filing 15 ORDER authorizing PARTIAL service of process and collection of filing fee. The Clerk is directed to issue the summonses and to forward copies of this Order, the Report and Recommendation filed herewith, the Summons, the complaint (doc. 1), and the Forms USM-285 to the United States Marshal for service of process as to defendants John C. Perry, Janice Ergle, Loraine Kelly, Winston Mems, and Gwen Childs. As the Court is recommending that defendant John Doe be dismissed from the case, the Clerk shall not serve that defendant. Apprising the defendants of deadline for filing dispositive motions. IT IS SO ORDERED. Signed by Magistrate Judge Kevin McDonald on 10/30/19. (ctuc, )
October 17, 2019 Filing 10 ***DOCUMENT MAILED #8 Proper Form Order, placed in U.S. Mail from Greenville Clerks Office to Larry David Davenport 17207-E-14 Saluda County Detention Center 205 E Church Street Saluda, SC 29138 with blank summons and blank USM285 forms. (kric, )
October 17, 2019 Opinion or Order Filing 8 PROPER FORM ORDER Case to be brought into proper form by 11/7/19. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. The plaintiff's #2 IFP motion is granted. The plaintiff is directed to always keep the Clerk advised in writing of any change of address. IT IS SO ORDERED. Signed by Magistrate Judge Kevin McDonald on 10/17/19. (ctuc, )
October 16, 2019 Filing 6 ***DOCUMENT MAILED #1 Complaint and copy policy placed in U.S. Mail from Greenville Clerks Office to Larry David Davenport 17207-E-14 Saluda County Detention Center 205 E Church Street Saluda, SC 29138 (kric, )
October 10, 2019 Filing 4 TRUE DIVISION FOR TRIAL: Anderson. (kric, )
October 10, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Larry David Davenport. Response to Motion due by 10/24/2019. 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 Financial Certificate)No proposed order.Motions referred to Kevin McDonald.(kric, )
October 10, 2019 Filing 1 COMPLAINT against All Defendants, filed by Larry David Davenport. Service due by 1/8/2020 (Attachments: #1 Exhibit statement, #2 Exhibit Request to Staff documents, #3 cover letter, #4 Envelope)(kric, )

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Defendant: Winston Mems
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Defendant: Loraine Kelly
Represented By: David Leon Morrison
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Defendant: John Doe
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Defendant: John C Perry
Represented By: David Leon Morrison
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Defendant: Janice Ergle
Represented By: David Leon Morrison
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Defendant: Gwen Childs
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Defendant: Winston Morris
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Plaintiff: Larry David Davenport
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