COUCH v. UNITED STATES OF AMERICA
| JOE DEE COUCH |
| United States of America |
| 6:2023cv06100 |
| November 28, 2023 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Prison:Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights, Federal Filers (Bivens) |
| None |
Docket Report
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This docket was last retrieved on February 13, 2024. A more recent docket listing may be available from PACER.
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| Filing 32 ***DOCUMENT MAILED: #31 REPORT AND RECOMMENDATION re #1 Complaint filed by JOE DEE COUCH, #29 Order - 1983 - No Service, 30 Order on Motion for Leave to Proceed in forma pauperis, placed in U.S. Mail from Greenville Clerks Office to JOE DEE COUCH #03556-030, FLORENCE FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 6000, FLORENCE, CO 81226. (pbri, ) |
| Filing 31 REPORT AND RECOMMENDATION re #1 Complaint filed by JOE DEE COUCH recommending dismissal of this action. Objections to R&R due by 2/5/2024. 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 1/22/24. (pbri, ) |
Filing 30
TEXT ORDER finding as moot #21 Motion for Leave to Proceed in forma pauperis; granting #26 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Kevin McDonald on 1/22/24.(pbri, )
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Filing 29
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 1/22/24. (pbri, )
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| Filing 26 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by JOE DEE COUCH. Response to Motion due by 1/23/2024. 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 Kevin McDonald.(pbri, ) |
| Filing 25 ***DOCUMENT MAILED: IFP application, Financial Certificate, Summons, USM form, and #24 Proper Form Order, placed in U.S. Mail from Greenville Clerks Office to JOE DEE COUCH #03556-030, FLORENCE FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcel, PO BOX 6000, FLORENCE, CO 81226. (pbri, ) |
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Filing 24
FINAL PROPER FORM ORDER: Case to be brought into proper form by 1/9/2024. 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 12/19/23. (pbri, ) Modified on 12/19/2023: to add text (final) (kmca).
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| Filing 19 TRUE DIVISION FOR TRIAL: Florence. (pbri, ) |
| Filing 17 Case transferred in from District of Indiana Southern; Case Number 2:23-cv-00342. Original file certified copy of transfer order and docket sheet received. |
| Filing 16 Transfer Letter to Clerk of the District of South Carolina. Case transferred electronically to District of South Carolina, on November 28, 2023. (JRB) [Transferred from Indiana Southern on 11/30/2023.] |
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Filing 15
ORDER TRANSFERRING CASE - The Court concludes that it is in the interest of justice to transfer this case to the Florence Division of the United States District Court for the District of South Carolina. Accordingly, the above action is now TRANSFERRED to the United States District Court for the District of South Carolina, Florence Division. SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 11/28/2023.(JRB) [Transferred from Indiana Southern on 11/30/2023.]
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| Filing 14 AMENDED COMPLAINT against UNITED STATES OF AMERICA, filed by JOE DEE COUCH. (Attachments: #1 Attachments, #2 Envelope)(KAA) [Transferred from Indiana Southern on 11/30/2023.] |
| Filing 13 Dkt. #11 resent to Joe Dee Couch at updated address on docket Florence FCI. (JRT) [Transferred from Indiana Southern on 11/30/2023.] |
| Filing 12 Mail Returned as undeliverable - return to sender; not at this institution. #11 Order sent to JOE DEE COUCH at Terre Haute FCI. (JSR) [Transferred from Indiana Southern on 11/30/2023.] |
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Filing 11
ORDER SCREENING AND DISMISSING COMPLAINT AND DIRECTING FURTHER PROCEEDINGS - Mr. Couch has through November 24, 2023, to resolve the filing fee by paying the $402.00 filing fee or filing a motion to proceed in forma pauperis. Additionally, because it lacks sufficient factual basis to state a claim, Mr. Couch's complaint must be dismissed for failure to state a claim upon which relief can be granted. Mr. Couch has through November 24, 2023, to file an amended complaint. If Mr. Couch fails to act by this date, this action will be dismissed without further notice. The clerk is directed to include a copy of the prisoner civil rights complaint form along with his copy of this Order. (See Order.) Signed by Judge James Patrick Hanlon on 10/24/2023. Copies to Plaintiff via US mail. (Attachments: #1 Prisoner Civil Rights Complaint Form) (JSR) [Transferred from Indiana Southern on 11/30/2023.]
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| Filing 10 Address updated for Joe Dee Couch based on the Federal Bureau of Prisons website from Terre Haute FCI to Florence FCI. Dkt. #8 resent to Joe Dee Couch to Florence FCI. (JRT) [Transferred from Indiana Southern on 11/30/2023.] |
| Filing 9 Mail Returned as undeliverable/Not at this Institution. #8 Entry sent to JOE DEE COUCH at Terre Haute-FCI, P.O. Box 33, Terre Haute, IN 47808. (LF) [Transferred from Indiana Southern on 11/30/2023.] |
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Filing 8
ENTRY ON IN FORMA PAUPERIS STATUS: On July 17, 2023, the Court ordered the plaintiff to file a motion for leave to proceed in forma pauperis and attach a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action or to pay the $402.00 filing fee as required by 28 U.S.C. 1915(a)(2). The plaintiff has failed to do so or otherwise respond by the deadline. The plaintiff shall have through October 20, 2023, to comply with the Court's previous order or to explain why doing so is not possible. The failure to do so by this date will result in the dismissal of this action without further warning.. Signed by Judge James Patrick Hanlon on 9/20/2023. Copy sent to Plaintiff via US Mail. (LF) [Transferred from Indiana Southern on 11/30/2023.]
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Filing 7
ORDER - The plaintiff's motion for extension of time, dkt. #6 , appears to request an extension of time to file his tort claim. The motion, dkt. #6 , is DENIED AS MOOT in light of the fact that the Court received and docketed the Plaintiff's Complaint on July 11, 2023. Dkt. #1 . Signed by Magistrate Judge Mark J. Dinsmore on 7/24/2023. Copy to Plaintiff via US mail. (JSR) [Transferred from Indiana Southern on 11/30/2023.]
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| Filing 6 MOTION for Extension of Time, filed by Plaintiff JOE DEE COUCH. (Attachments: #1 Exhibit - Various Documents, #2 Envelope)(SWM) [Transferred from Indiana Southern on 11/30/2023.] |
| Filing 5 NOTICE OF DEFICIENCY - Your civil rights complaint has been received. You shall have through August 17, 2023, in which to correct the deficiencies as follows: You must either pay the 402.00 filing fee for this action or demonstrate that you lack the financial ability to do so by filing a motion for leave to proceed without the prepayment of the filing fee (in forma pauperis). A form motion for leave to proceed without the prepayment of the filing fee is being provided for your use. NOTE TO PRISONER - If you seek leave to proceed without prepaying the filing fee, and you are a prisoner, your motion must be accompanied by a copy of the transactions associated with your institution trust account for the 6-month period preceding the filing of this action. (Copy sent to plaintiff via US mail). (JRT) [Transferred from Indiana Southern on 11/30/2023.] |
| Filing 4 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (Copy sent to plaintiff via US mail). (JRT) [Transferred from Indiana Southern on 11/30/2023.] |
| Filing 3 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (CCG) [Transferred from Indiana Southern on 11/30/2023.] |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CCG) [Transferred from Indiana Southern on 11/30/2023.] |
| Filing 1 COMPLAINT against UNITED STATES OF AMERICA, filed by JOE DEE COUCH. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Envelope)(CCG) [Transferred from Indiana Southern on 11/30/2023.] |
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