Rochester v. Williams et al
| Julian E Rochester |
| C Williams, J L Harrison, H D McMaster, Alan Wilson, Wellpath State Hospital and B Stirling |
| 6:2021cv03045 |
| September 22, 2021 |
| US District Court for the District of South Carolina |
| R Bryan Harwell |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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This docket was last retrieved on October 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 9 ***DOCUMENT MAILED 7 Order Dismissing Case, #8 Judgment placed in U.S. Mail from Greenville Clerks Office to Julian E Rochester 171519 Perry Correctional Institution ALU 111 430 Oaklawn Road Pelzer, SC 29669 (kric, ) |
| Filing 8 JUDGMENT dismissing the case without prejudice. (kric, ) |
Filing 7
TEXT ORDER DISMISSING CASE. Mr. Rochester is a state prisoner whose long history of abusive and frivolous filing practices resulted in an Order of Pre-Filing Review. See Order of Pre-Filing Review, Doc. # 6, In Re: Julian Edward Rochester, Misc. No. 2:95-MC-131 (Jan. 29, 1996). On July 10, 2012, the Court further modified Mr. Rochester's Order of Pre-Filing Review to require that he pay the full statutory filing fee in any future non- habeas civil actions. To the extent Mr. Rochester has attempted to name the Undersigned as a party to this action, this Court has thoroughly addressed that issue in a previous order. See Order Adopting Report and Recommendations, Doc. # 21, at 48, Rochester v. Laubshire et al., Civil Action No. 6:12-cv-00236 (July 10, 2012). As noted in that order, a judge may exercise discretion and refuse to recuse himself in proceedings where a litigant is abusing the judicial system, as is Mr. Rochester. This is especially true here, where Mr. Rochester has made no substantiated allegations against the judges of this Court, including the Undersigned. It appears that Mr. Rochester, who has named nearly every judge in this district as a party in his various cases, is doing nothing more than attempting to add judges as parties in order to push for judicial recusal and extend the life span of his cases. In a recent order filed in this case, the magistrate judge directed Mr. Rochester to pay the statutory filing fee within twenty-one (21) days. The magistrate judge also apprised Mr. Rochester that this Court would dismiss this case if he failed to pay the statutory filing fee within the time period specified in the order. Mr. Rochester has failed to pay the statutory filing fee within the twenty-one-day period. IT IS THEREFORE ORDERED that the above- captioned case is DISMISSED without prejudice and any pending motions are DENIED as moot. The Clerk of Court shall close the file. Signed by Chief Judge R Bryan Harwell on 10/22/2021. (kric, )
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| Filing 6 ***DOCUMENT MAILED #5 Proper Form Order, placed in U.S. Mail from to Julian E Rochester 171519 Perry Correctional Institution ALU 111 430 Oaklawn Road Pelzer, SC 29669 (kric, ) |
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Filing 5
PROPER FORM ORDER Case to be brought into proper form by 10/18/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kevin McDonald on 21-3045. (kric, )
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| Filing 2 TRUE DIVISION FOR TRIAL: Greenville. (kric, ) |
| Filing 1 COMPLAINT against All Defendants, filed by Julian E Rochester. Service due by 12/16/2021 (Attachments: #1 Envelope)(kric, ) (Main Document 1 replaced on 9/22/2021) (kric, ). |
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