Baker v. Smith et al
| William Baker |
| Doctor Smith and Warden Wallace |
| 6:2022cv02073 |
| June 30, 2022 |
| US District Court for the District of South Carolina |
| Joseph Dawson |
| Kevin McDonald |
| Prison:Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights, State Filers |
| None |
Docket Report
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| Filing 22 ***DOCUMENT MAILED #20 Order - 1983 - No Service, #21 REPORT AND RECOMMENDATION re #1 Complaint filed by William Baker placed in U.S. Mail from Greenville Clerks Office to William Baker 336 Powell Lake Road Lyman, SC 29365 (kric, ) |
| Filing 21 REPORT AND RECOMMENDATION re #1 Complaint filed by William Baker. It is recommended that the district court dismiss this action with prejudice, without further leave to amend, and without issuance and service of process. Objections to R&R due by 9/2/2022 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 8/19/2022. (kric, ) |
Filing 20
ORDER directing Clerk not to authorize service and advising plaintiff to notify Clerk in writing of any change of address. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00 Signed by Magistrate Judge Kevin McDonald on 8/19/2022. (kric, )
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| Filing 18 REPLY by William Baker to #12 Order (Attachments: #1 cover letter, #2 Blank proper form documents returned, #3 Envelope)(kric, ) |
| Filing 17 Mail Returned as Undeliverable. Addressee: William Baker. Document Returned: #12 Order, #13 Order on Motion for Leave to Proceed in forma pauperis. Documents have already been re-mailed to an updated address. (kric, ) |
| Filing 16 ***DOCUMENT RE-MAILED with proper form documents #12 Order, #13 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Greenville Clerks Office to William Baker 336 Powell Lake Road Lyman, SC 29365 and William Baker 251725 C-1 B-8 MacDougal Correctional Institution 1516 Old Gilliard Road Ridgeville, SC 29472 with blank Amended Complaint form, blank USM285 forms and blank summons(kric, ) Modified on 8/1/2022 to edit text (kric, ). |
| Filing 14 ***DOCUMENT MAILED #12 Order #13 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Greenville Clerks Office to William Baker 336 Powell Lake Road Lyman, SC 29365 and William Baker 251725 C-1 B-8 MacDougal Correctional Institution 1516 Old Gilliard Road Ridgeville, SC 29472 (rweb, ) |
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Filing 13
ORDER granting #2 Motion for Leave to Proceed in forma pauperis Signed by Magistrate Judge Kevin McDonald on 7/29/22.(rweb, )
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Filing 12
ORDER; the plaintiff's complaint is subject to dismissal as it fails to state a claim upon which relief may be granted. The plaintiff may attempt to correct the defects in his complaint identified above by filing an amended complaint within 14 days of this order, along with any appropriate service documents. The plaintiff is reminded that an amended complaint replaces the original complaint and should be complete in itself. See Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001) (As a general rule, an amended pleading ordinarily supersedes the original and renders it of no legal effect. (citation and internal quotation marks omitted)); see also 6 Charles Alan Wright et al., Federal Practice and Procedure 1476 (3d ed. 2017) (A pleading that has been amended under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified. Once an amended pleading is interposed, the original pleading no longer performs any function in the case... (footnotes omitted)). If the plaintiff files an amended complaint, the undersigned will conduct screening of the amended complaint pursuant to 28 U.S.C. 1915; 1915A. The plaintiff is also informed that his amended complaint may not exceed 35 pages, including the complaint form and any attachments. If the 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 with prejudice and without leave for further amendment. Signed by Magistrate Judge Kevin McDonald on 7/29/22. (rweb, )
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| Filing 10 NOTICE of Change of Address by William Baker. Address will be updated on 8/1/22 if SCDC shows plaintiff has been released. (Attachments: #1 Envelope)(kric, ) Modified on 7/26/2022 to update filing date (kric, ). |
| Filing 8 ***DOCUMENT MAILED #7 Proper Form Order, placed in U.S. Mail from Greenville Clerks Office to William Baker 251725 C-1 B-8 MacDougal Correctional Institution 1516 Old Gilliard Road Ridgeville, SC 29472 with Financial Certificate (kric, ) |
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Filing 7
PROPER FORM ORDER Case to be brought into proper form by 7/29/2022. 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 7/8/2022. (kric, )
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| Filing 4 TRUE DIVISION FOR TRIAL: Columbia. (kric, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by William Baker. Response to Motion due by 7/14/2022. 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 Kevin McDonald.(kric, ) |
| Filing 1 COMPLAINT against Doctor Smith, Warden Wallace, filed by William Baker. Service due by 9/28/2022 (Attachments: #1 Inmate Grievance Form, #2 Envelope)(kric, ) |
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