Rivera v. South Carolina Department of Corrections
Plaintiff: Kenneth Rivera
Defendant: South Carolina Department of Corrections
Case Number: 8:2020cv03356
Filed: September 22, 2020
Court: US District Court for the District of South Carolina
Presiding Judge: Jacquelyn D Austin
Referring Judge: Sherri A Lydon
Nature of Suit: Prison:Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on June 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2020 Filing 23 ***DOCUMENT MAILED #22 REPORT AND RECOMMENDATION re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by South Carolina Department of Corrections placed in U.S. Mail from Greenville Clerks Office to Kenneth Rivera 318979 Broad River Correctional Institution Saluda B203 4460 Broad River Road Columbia, SC 29210 (rweb, )
November 12, 2020 Filing 22 REPORT AND RECOMMENDATION; recommended that this matter be REMANDED to the South Carolina Court of Common Pleas in Richland County and that SCDC's motion to dismiss #10 be FOUND AS MOOT. Objections to R&R due by 11/30/2020. 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 Jacquelyn D Austin on 11/12/20. (rweb, ) (Additional attachment(s) added on 11/13/2020: #1 Objection Notice) (rweb, ). Modified on 11/13/2020 to add notice (rweb, ).
November 12, 2020 Filing 21 ***DOCUMENT MAILED 20 Order on Motion for Extension of Time, placed in U.S. Mail from Greenville Clerks Office to Kenneth Rivera 318979 Broad River Correctional Institution Saluda B203 4460 Broad River Road Columbia, SC 29210 (rweb, )
November 12, 2020 Opinion or Order Filing 20 TEXT ORDER denying #19 motion for extension of time. Although Plaintiff seeks an extension of time "for all future filings with this Court," he currently does not have any deadlines pending. Signed by Magistrate Judge Jacquelyn D Austin on 11/12/20. (rweb, )
November 5, 2020 Filing 19 MOTION for Extension of Time by Kenneth Rivera. Response to Motion due by 11/19/2020. 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 Certificate of Service, #2 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(rweb, )
October 19, 2020 Filing 17 ***DOCUMENT MAILED 16 Order on Motion to Appoint Counsel,,,,, placed in U.S. Mail from Greenville Clerks Office to Kenneth Rivera 318979 Broad River Correctional Institution Saluda B203 4460 Broad River Road Columbia, SC 29210 (rweb, )
October 19, 2020 Opinion or Order Filing 16 TEXT ORDER denying #14 motion to appoint counsel. There is no constitutional right to appointed counsel in a civil case, Whisenant v.Yaum, 739 F.2d 160, 163 (4th Cir. 1984) (holding that 28 U.S.C. 1915 does not authorize compulsory appointment of counsel), abrogated on other grounds by Mallard v. U.S. Dist. Ct., 490 U.S. 296, 298 (1989), but this Court may exercise its discretion to appoint counsel for an indigent in a civil action, 28 U.S.C. 1915(d); see Smith v. Blackledge, 451 F.2d 1201, 1203 (4th Cir. 1971). However, the Fourth Circuit has stated that counsel should be appointed only in exceptional circumstances, which will turn on the quality of two basic factorsthe type and complexity of the case, and the abilities of the individuals bringing it. Brock v. City of Richmond, 983 F.2d 1055 (4th Cir. 1993) (internal quotation marks omitted) (quoting Whisenant, 739 F.2d at 163). The pleadings and documents filed in this case fail to demonstrate exceptional circumstances exist warranting the appointment of counsel at this stage in the proceedings. Accordingly, Plaintiffs motion is denied, but if the case survives dispositive motions, Plaintiff may renew his request for appointment of counsel. Signed by Magistrate Judge Jacquelyn D Austin on 10/19/20.(rweb, )
October 16, 2020 Filing 15 RESPONSE in Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Kenneth Rivera.Reply to Response to Motion due by 10/23/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(rweb, )
October 15, 2020 Filing 14 MOTION to Appoint Counsel by Kenneth Rivera. Response to Motion due by 10/29/2020. 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 Certificate of Service, #2 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(rweb, )
October 2, 2020 Filing 13 ***DOCUMENT MAILED #12 Roseboro Order, placed in U.S. Mail from Greenville Clerks Office to Kenneth Rivera 318979 Broad River Correctional Institution Saluda B203 4460 Broad River Road Columbia, SC 29210 (rweb, )
October 2, 2020 Opinion or Order Filing 12 ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Motion due by 11/2/2020. 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 Jacquelyn D Austin on 10/2/20. (rweb, )
September 30, 2020 Filing 11 CERTIFICATE OF SERVICE by South Carolina Department of Corrections re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Bailey, Sarah)
September 29, 2020 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by South Carolina Department of Corrections. Response to Motion due by 10/13/2020. 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 Jacquelyn D Austin.(Bailey, Sarah)
September 25, 2020 Filing 8 ***DOCUMENT MAILED #7 Order and public docket sheet placed in U.S. Mail from Greenville Clerks Office to Kenneth Rivera 318979 Broad River Correctional Institution Saluda B203 4460 Broad River Road Columbia, SC 29210 (rweb, )
September 25, 2020 Opinion or Order Filing 7 ORDER Signed by Magistrate Judge Jacquelyn D Austin on 9/25/20. (rweb, )
September 23, 2020 Filing 5 ***DOCUMENT MAILED #3 Local Rule 26.01 Answers to Interrogatories, #1 Notice of Removal, placed in U.S. Mail from Greenville Clerks Office to Kenneth Rivera 318979 Broad River Correctional Institution Saluda B203 4460 Broad River Road Columbia, SC 29210 (rweb, )
September 22, 2020 Filing 3 Local Rule 26.01 Answers to Interrogatories by South Carolina Department of Corrections. (rweb, )
September 22, 2020 Filing 1 NOTICE OF REMOVAL from Richland County Court of Commons Pleas, case number 2020-CP-40-03562. (Filing fee $ 400 receipt number 0420-9357533), filed by South Carolina Department of Corrections. (Attachments: #1 State Court Documents) (rweb, )

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Plaintiff: Kenneth Rivera
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Defendant: South Carolina Department of Corrections
Represented By: Daniel R Settana, Jr
Represented By: Sarah Jaye Bailey
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