Spann v. Warden Jackson et al
| Eric Lamont Spann and Eric L Spann |
| Warden Jackson, Associate Warden Tisdale, Captain Captain Greene, Warden, Bryan P. Stirling, Lt Largent, Captain Greene, Mrs. Pringle, Lt. McCullough, Lt. Welch, Lt. Robinson, Sergeant McMillian, OFC/Sergeant Sweetenburg and DHO Angela R Brown |
| 8:2023cv02240 |
| May 25, 2023 |
| US District Court for the District of South Carolina |
| Jacquelyn D Austin |
| David C Norton |
| Prison:Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights, State Filers |
| Both |
Docket Report
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This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 SUMMONS Returned Executed Captain Greene served on 6/20/2023. Answer previously filed on 7/5/2023 (kric, ) |
| Filing 21 ANSWER to #1 Complaint, by Captain Greene.(Butler, Drew) (Main Document 21 replaced on 7/6/2023) (rweb, ). Modified on 7/6/2023 to replace with corrected document provided by filing user (rweb, ). |
| Filing 19 OBJECTION to #17 Report and Recommendation by Eric Lamont Spann. Reply to Objections due by 6/29/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Order of Dismissal LCI 249, #2 Order of Dismissal LCI 250, #3 Motion to Remand 04-315, #4 Motion to Remand 04-316, #5 Cover Letter, #6 Certificate of Service, #7 Envelope)(pbri, ) |
| Filing 18 ***DOCUMENT MAILED 16 Order to Vacate, #17 REPORT AND RECOMMENDATION re #1 Complaint, filed by Eric Lamont Spann placed in U.S. Mail from Greenville Clerks Office to Eric Lamont Spann 245840 F-7-B #461 Lee Correctional Institution 990 Wisacky Hwy Bishopville, SC 29010 (kric, ) |
| Filing 17 REPORT AND RECOMMENDATION re #1 Complaint, filed by Eric Lamont Spann. It is recommended that the District Court dismiss from this action, without issuance and service of process, Defendants Warden Jackson, Bryan P. Stirling, Associate Warden Tisdale, Lt. Largent, Mrs. Pringle, Lt. McCullogh, Lt. Welch, Lt. Robinson, Sergeant McMillan, Ofc./Sergeant Sweetenburg, DHO Angela R. Brown, and each of Plaintiff's claims except for his excessive use of force claim against Defendant Greene. Objections to R&R due by 6/16/2023 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 6/2/2023. (kric, ) |
Filing 16
TEXT ORDER vacating #10 Report and Recommendation. On May 30, 2023, the undersigned entered a Report and Recommendation in this matter recommending summary dismissal of certain Defendants and claims in the Complaint. [Doc. 10.] Thereafter, the Court received additional filings from Plaintiff, which the undersigned now construes as a supplement to the Complaint. In light of the additional filings, the undersigned vacates the original recommendation and will enter a new Report and Recommendation that addresses the original Complaint and the additional filings now attached to the Complaint. Signed by Magistrate Judge Jacquelyn D Austin on 6/2/2023. (kric, )
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| Filing 14 Additional Attachments to Main Document #1 Complaint. First attachment description: Memo in Support. (Attachments: #1 Cover Letter, #2 State Court Civil Action Coversheet, #3 Certificate of Service, #4 Appendix, #5 Letter to Judge Durden, #6 Second letter to Judge Durden, #7 Third letter to Judge Durden, #8 Fourth letter to Judge Durden, #9 Fifth letter to Judge Durden, #10 Sixth letter to Judge Durden, #11 Administrative Law Court, #12 Second letter from Administrative Law Court, #13 Envelope)(rweb, ) |
| Filing 11 ***DOCUMENT MAILED #7 Order 1983, #10 REPORT AND RECOMMENDATION re #1 Complaint filed by Eric Lamont Spann, 8 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Greenville Clerks Office to Eric Lamont Spann 245840 F-7-B #461 Lee Correctional Institution 990 Wisacky Hwy Bishopville, SC 29010 (rweb, ) |
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Filing 10
VACATED PER 16 ORDER REPORT AND RECOMMENDATION; for the reasons stated above, it is recommended that the District Court dismiss from this action, without issuance and service of process, Defendants Warden Jackson, Bryan P. Stirling, Associate Warden Tisdale, Lt. Largent, Mrs. Pringle, Lt. McCullogh, Lt. Welch, Lt. Robinson, Sergeant McMillan, Ofc./Sergeant Sweetenburg, DHO Angela R. Brown, and each of Plaintiff's claims except for his excessive use of force claim against Defendant Greene. Therefore, Defendant Greene is the only remaining Defendant in this action and Plaintiff's claim against him for excessive use of force is the only remaining claim in this action. Objections to R&R due by 6/13/2023. 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 5/30/23. (rweb, ) Modified on 6/5/2023 to edit text(rweb, ).
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| Filing 9 Summons Issued as to Captain Greene. Service due by 8/29/23 (rweb, ) Modified on 5/31/2023 to edit text (rweb, ). |
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Filing 8
TEXT ORDER granting #2 Motion for Leave to Proceed in forma pauperis Signed by Magistrate Judge Jacquelyn D Austin on 5/30/23.(rweb, )
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Filing 7
ORDER authorizing service of process as to Defendant Captain Greene only and collection of filing fee. Plaintiff has incurred a debt to the U.S.A. in the amount of $350. Apprising the defendants of deadline for filing dispositive motions and directing plaintiff to notify the clerk in writing of any change of address. Signed by Magistrate Judge Jacquelyn D Austin on 5/30/23. (rweb, ) Modified on 5/31/2023 to edit text (rweb, ).
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| Filing 4 TRUE DIVISION FOR TRIAL: Columbia. (rweb, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Eric Lamont Spann. Response to Motion due by 6/8/2023. 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 Jacquelyn D Austin.(rweb, ) |
| Filing 1 COMPLAINT against Associate Warden Tisdale, Captain Greene, Lt Largent, Bryan P. Stirling, Warden, Warden Jackson, filed by Eric Lamont Spann. Service due by 8/23/2023 (Attachments: #1 Envelope)(rweb, ) Modified on 5/31/2023 see also #14 for additional attachments (rweb, ). |
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