Moss v. Hutchens Law Firm, LLC et al
| Stanley Odell Moss |
| Ashley Z. Stanley, Rushmore Loan Management Services and Hutchens Law Firm, LLC |
| 8:2021cv01374 |
| May 10, 2021 |
| US District Court for the District of South Carolina |
| Jacquelyn D Austin |
| Donald C Coggins |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 24, 2021. A more recent docket listing may be available from PACER.
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| Filing 33 ***DOCUMENT MAILED 32 Assembled Initial Electronic Record Transmitted to 4CCA, #31 Transmittal Sheet for Notice of Appeal to USCA, #30 Notice of Appeal, placed in U.S. Mail from Greenville Clerks Office to Stanley Odell Moss 603 Greenleaf Drive Anderson, SC 29626 (alew, ) |
| Filing 32 ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re #30 Notice of Appeal. Electronic record successfully transmitted. (alew, ) |
| Filing 31 Transmittal Sheet for Notice of Appeal to USCA re #30 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. (alew, ) |
| Filing 30 NOTICE OF APPEAL as to #28 Judgment, #27 Order Ruling on Report and Recommendation by Stanley Odell Moss. - The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov. Fee unpaid. (Attachments: #1 Cover Letter, #2 Exhibit A-Phone Numbers, #3 Exhibit B-Undisputed Facts in Case for Stanley Odell Moss, #4 State Court Documents, #5 Envelope)(alew, ) Modified on 6/24/2021 to correct filing date(alew, ). |
| Filing 29 ***DOCUMENT MAILED #28 Judgment, #27 Order Ruling on Report and Recommendation placed in U.S. Mail from Greenville Clerks Office to Stanley Moss, 63 Greenleaf Drive Anderson, SC 29626 (alew, ) |
| Filing 28 JUDGMENT: This action is DISMISSED without prejudice and without issuance of service of process. (alew, ) |
Filing 27
ORDER RULING ON REPORT AND RECOMMENDATION adopting #14 Report and Recommendation. Signed by Honorable Donald C Coggins, Jr on 6/21/21. (alew, )
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| Filing 26 DEMAND TO VACATE STATE COURT FORECLOSURE SUMMARY JUDGMENT by Stanley Odell Moss. (Attachments: #1 Affidavit of Fact by Stanley Moss, #2 Envelope)(alew, ) |
| Filing 25 ***DOCUMENT MAILED 24 Text Order on Motion for Recusal placed in U.S. Mail from Greenville Clerks Office to Stanley Odell Moss 603 Greenleaf Drive Anderson, SC 29626 (sgri) |
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Filing 24
TEXT ORDER denying #20 motion for recusal. In his motion, Plaintiff moves, pursuant to Rule 73 of the Federal Rules of Civil Procedure and 28 U.S.C. 455(a), for the undersigned to recuse herself from this action for interfering without legal judicial authority and causing to be dismissed or dismissing the plaintiffs wrongful foreclosure lawsuit. [Doc. 20 at 1.] Plaintiffs motion appears to be filed in response to the undersigneds Report and Recommendation filed on May 19, 2021, recommending summary dismissal of Plaintiffs action, which remains pending. [Doc. 14.] Under 28 U.S.C. 455(a), a federal judge must disqualify [her]self in any proceeding in which [her] impartiality might reasonably be questioned. However, a presiding judge is not required to recuse herself simply because of unsupported, irrational, or highly tenuous speculation. United States v. DeTemple, 162 F.3d 279, 287 (4th Cir.1998) (internal quotation marks omitted). Here, Plaintiff challenges the undersigneds impartiality because she entered a Report and Recommendation without consent or jurisdiction. [Doc. 20 at 4.] As an initial matter, the undersigned has not issued any dispositive ruling in this case. Instead, the undersigned issued a recommendation to the district judge under the authority provided in 28 U.S.C. 636(b), and the district judge will issue a ruling on that Report and Recommendation. Moreover, judicial rulings alone almost never constitute a valid basis for a bias or partiality motion. Liteky v. United States, 510 U.S. 540, 555 (1994). In and of themselves (i.e., apart from surrounding comments or accompanying opinion), they cannot possibly show reliance upon an extrajudicial source; and can only in the rarest circumstances evidence... favoritism or antagonism. Id. Plaintiff has not alleged any basis or facts to support his motion other than the Courts own rulings. His motion, therefore, is insufficient as a matter of law to establish any basis for the undersigned to recuse herself. Accordingly, the motion is denied. Signed by Magistrate Judge Jacquelyn D. Austin on 6/2/2021. (sgri)
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| Filing 21 OBJECTION to #14 Report and Recommendation by Stanley Odell Moss. Reply to Objections due by 6/10/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Report and Recommendation filed 5/19/21, #2 Envelope)(alew, ) |
| Filing 20 Pro Se MOTION for Recusal by Stanley Odell Moss. Response to Motion due by 6/9/2021. 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 Affidavit of Stanley Odell Moss, #2 Envelope)No proposed order.(alew, ) |
| Filing 19 ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Donald C. Coggins, Jr. (sgri) |
| Filing 17 OBJECTION to #14 Report and Recommendation by Stanley Odell Moss. Reply to Objections due by 6/8/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Notice of Claim, #2 Affidavit, #3 Supporting Documents, #4 Envelope) (sgri) |
| Filing 16 SUPPLEMENT by Stanley Odell Moss to #1 Notice of Removal. (Attachments: #1 State Court Documents: Jurisdictional Challenge With Affidavit, #2 State Court Documents: Affidavit of Default, #3 State Court Documents: Motion for Summary Judgment, #4 State Court Documents: Motion to Moot All Pleadings, #5 State Court Documents: Motion for Change of Venue, #6 Envelope) (sgri) |
| Filing 15 ***DOCUMENTS MAILED #13 Order, #14 REPORT AND RECOMMENDATION 12 TEXT ORDER on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Greenville Clerks Office to Stanley Odell Moss 603 Greenleaf Drive Anderson, SC 29626. (sgri) |
| Filing 14 REPORT AND RECOMMENDATION: It is recommended that the Complaint be summarily DISMISSED this action without leave to amend and without issuance and service of process. Objections to R&R due by 6/2/2021 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 5/19/2021. (sgri) Modified to edit text on 5/21/2021 (sgri). |
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Filing 13
ORDER directing Clerk not to authorize service and advising plaintiff (or petitioner) to notify Clerk in writing of any change of address. Signed by Magistrate Judge Jacquelyn D. Austin on 5/19/2021. (sgri)
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Filing 12
TEXT ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Jacquelyn D. Austin on 5/19/2021. (sgri)
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| Filing 9 AFFIDAVIT by Stanley Odell Moss. (Attachments: #1 Cover Letter, #2 Certificate of Birth and Name, #3 Envelope) (sgri) (Additional attachment(s) added on 5/19/2021: #4 Envelope 2) (sgri). |
| Filing 7 SUPPLEMENT by Stanley Odell Moss to #1 Notice of Removal. (Attachments: #1 Letter, #2 Envelope) (sgri) |
| Filing 4 Local Rule 26.01 Answers to Interrogatories by Stanley Odell Moss. (sgri) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Stanley Odell Moss. Response to Motion due by 5/20/2021. 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. (sgri) |
| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas for Anderson County, South Carolina, case number 2019-CP-0400984., filed by Stanley Odell Moss. (Attachments: #1 State Court Documents, #2 Envelope) (sgri) See SUPPLEMENT #7 filed on 5/10/2021 (sgri). |
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