Herriott v. Wilson et al
| Kevin E Herriott and Kevin Edward Herriott |
| Alan Wilson, Bryan Stirling, John Palmer, Carol Mici and Matthew Divris |
| 6:2024cv00968 |
| February 26, 2024 |
| US District Court for the District of South Carolina |
| Kevin McDonald |
| David C Norton |
| Prison:Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights, State Filers |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 25 ***DOCUMENT MAILED 24 Order placed in U.S. Mail from Greenville Clerks Office to Kevin E Herriott #313862, McCormick Correctional Institution, 386 Redepmtion Highway, McCormick, SC 29889. (pbri, ) |
Filing 24
TEXT ORDER. On April 11, 2024, the plaintiff filed an appeal of the order entered by the Honorable David C. Norton, United States District Judge, denying his motion for leave to proceed in forma pauperis (doc. 16). On April 22, 2024, the plaintiff filed two motions (docs. 22; 23). However, based on the pending appeal, the court is without jurisdiction to consider the plaintiff's motions. As such, the plaintiff is instructed that no future filings should be submitted in this case until his appeal has been ruled upon by the Fourth Circuit. Further, the Clerk of Court is directed to stay this action based on the pending appeal. IT IS SO ORDERED. Signed by Magistrate Judge Kevin McDonald on 4/23/24. (pbri, )
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| Filing 23 MOTION to Supplement Pleadings and Remand by Kevin E Herriott. Response to Motion due by 5/6/2024. 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. No proposed order. Motions referred to Kevin McDonald.(pbri, ) |
| Filing 22 MOTION to Dismiss Federal Claims by Kevin E Herriott. Response to Motion due by 5/6/2024. 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 Cover letter, #2 Certificate of Service, #3 Envelope)No proposed order. Motions referred to Kevin McDonald.(pbri, ) |
| Filing 21 ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re #16 Notice of Appeal. Electronic record successfully transmitted. (pbri, ) |
| Filing 20 USCA Case Number 24-6348 for #16 Notice of Appeal, filed by Kevin E Herriott. (pbri, ) |
| Filing 18 ***DOCUMENT MAILED: Docket sheet, #17 Transmittal Sheet for Notice of Appeal to USCA, #16 Notice of Appeal, placed in U.S. Mail from Greenville Clerks Office to Kevin E Herriott #313862, McCormick Correctional Institution, 386 Redepmtion Highway, McCormick, SC 29889. (pbri, ) |
| Filing 17 Transmittal Sheet for Notice of Appeal to USCA re #16 Notice of Appeal. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (pbri, ) (Main Document 17 replaced on 4/11/2024 to correct entry) (pbri, ). |
| Filing 16 NOTICE OF APPEAL as to #12 Order on Motion for Leave to Proceed in forma pauperis, Order on Report and Recommendation, by Kevin E Herriott. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov. (Attachments: #1 Cover letter, #2 Envelope)(pbri, ) |
| Filing 15 Letter from plaintiff regarding request to remand. (Attachments: #1 Certificate of Service, #2 Envelope)(pbri, ) |
| Filing 13 ***DOCUMENT MAILED #12 Order on Motion for Leave to Proceed in forma pauperis Order on Report and Recommendation placed in U.S. Mail from Greenville Clerks Office to Kevin E Herriott 313862, McCormick Correctional Institution, 386 Redepmtion Highway, McCormick, SC 29889. (rweb, ) |
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Filing 12
ORDER denying #2 Motion for Leave to Proceed in forma pauperis; affirming #8 Report and Recommendation. It is further ordered that plaintiff has twenty-one (21) days to pay the filing fee or the case will be dismissed. Signed by Honorable David C Norton on 3/28/2024.(eric, )
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| Filing 10 OBJECTION to #8 Report and Recommendation by Kevin E Herriott. Reply to Objections due by 4/8/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Certificate of Service, #2 Envelope)(pbri, ) (Main Document 10 replaced on 3/25/2024) (pbri, ). Modified on 3/25/2024 to correct scan (pbri, ). |
| Filing 9 ***DOCUMENT MAILED: #8 REPORT AND RECOMMENDATION re #2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) filed by Kevin E Herriott, #7 Order to Notify of Address Change placed in U.S. Mail from Greenville Clerks Office to Kevin E Herriott #313862, McCormick Correctional Institution, 386 Redepmtion Highway, McCormick, SC 29889. (pbri, ) |
| Filing 8 REPORT AND RECOMMENDATION re #2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) filed by Kevin E Herriott recommending that the plaintiff's motion be denied. Objections to R&R due by 3/25/2024. 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 3/11/24. (pbri, ) |
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Filing 7
ADDRESS ORDER. Signed by Magistrate Judge Kevin McDonald on 3/11/24. (pbri, )
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| Filing 4 TRUE DIVISION FOR TRIAL: Anderson. (pbri, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Kevin E Herriott. Response to Motion due by 3/11/2024. 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)No proposed order. Motions referred to Kevin McDonald.(pbri, ) |
| Filing 1 COMPLAINT against Matthew Divris, Carol Mici, John Palmer, Bryan Stirling, Alan Wilson, filed by Kevin E Herriott. Service due by 5/28/2024. (Attachments: #1 Certificate of Service, #2 Cover letter, #3 Envelope)(pbri, ) |
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