McElrath v. Zuckerberg et al
| Andrew Marshall McElrath |
| Mark Zuckerberg, Meta Quest Inc and Facebook Inc |
| 8:2023cv03718 |
| July 31, 2023 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Kaymani D West |
| Civil Rights: Other |
| 42 U.S.C. § 1983 pr (Other) |
| None |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 ***DOCUMENTS MAILED: #25 Order Ruling on Report and Recommendation w/NEF, #26 Judgment w/NEF, placed in U.S. Mail from Florence Clerk's Office to Andrew Marshall McElrath, #336981, Livesay Institution, PO Box 580, Una, SC 29378. (prou, ) |
| Filing 26 JUDGMENT: This case is dismissed with prejudice for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. (prou, ) |
Filing 25
ORDER RULING ON REPORT AND RECOMMENDATION: The Court hereby adopts the Magistrate Judge's Report (ECF No. #22 ) and dismisses this action with prejudice for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and in accordance with the factors outlined in Davis,Ballard, and Chandler Leasing. Signed by Honorable Bruce Howe Hendricks on 11/8/2023. (prou, )
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| Filing 24 Mail Returned as Undeliverable. Addressee: Andrew Marshall McElrath, #336981, Livesay Institution, PO Box 580, Una, SC 29378. Document Returned: #22 REPORT AND RECOMMENDATION. (prou, ) |
| Filing 23 ***DOCUMENT MAILED: #22 REPORT AND RECOMMENDATION w/NEF, placed in U.S. Mail from Florence Clerk's Office to Andrew Marshall McElrath, #336981, Livesay Institution, PO Box 580, Una, SC 29378. (prou, ) |
| Filing 22 REPORT AND RECOMMENDATION: The undersigned recommends this action be dismissed with prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). Objections to R&R due by 11/3/2023. 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 Kaymani D West on 10/20/2023. (prou, ) |
| Filing 20 AFFIDAVIT of Service for Removal pleadings, Rule 26.01 responses, Motion to Dismiss and Memorandum in Support,, correspondence, and 8/3/2023 Order served on Andrew Marshall McElrath (by substitute service) on 9/18/2023, filed by Facebook Inc, Meta Quest Inc, Mark Zuckerberg. (Attachments: #1 Affidavit of Service on Plaintiff)(Major, Christopher) |
| Filing 19 ***DOCUMENT MAILED: #18 Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Andrew Marshall McElrath, #336981, Livesay Institution, PO Box 580, Una, SC 29378. (prou, ) |
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Filing 18
ORDER: Plaintiff is directed to advise the court whether he wishes to continue with this case and to file a response to the Motion by October 13, 2023. Plaintiff is further advised that if he fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. Signed by Magistrate Judge Kaymani D West on 9/13/2023. (prou, )
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| Filing 17 Mail Returned as Undeliverable. Addressee: Andrew Marshall McElrath, #336981, Livesay Institution, PO Box 580, Una, SC 29378. Document Returned: #7 Order to Notify of Address Change. (prou, ) |
| Filing 15 Mail Returned as Undeliverable. Addressee: Andrew Marshall McElrath, #336981, Livesay Institution, PO Box 580, Una, SC 29378. Document Returned: #13 Roseboro Order. (prou, ) |
| Filing 14 ***DOCUMENT MAILED: #13 Roseboro Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Andrew Marshall McElrath, #336981, Livesay Institution, PO Box 580, Una, SC 29378. (prou, ) |
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Filing 13
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 #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response to Motion due by 9/8/2023. 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. Signed by Magistrate Judge Kaymani D West on 8/8/2023. (prou, )
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| Filing 12 CERTIFICATE OF SERVICE by Facebook Inc, Meta Quest Inc, Mark Zuckerberg re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #10 Notice and Acknowledgment of Removal (Major, Christopher) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Facebook Inc, Meta Quest Inc, Mark Zuckerberg. Response to Motion due by 8/21/2023. 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 Memo in Support)No proposed order.Motions referred to Kaymani D West.(Major, Christopher) |
| Filing 10 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Anderson County. (Attachments: #1 State Court Documents Acknowledgment of Removal)(Major, Christopher) |
| Filing 8 ***DOCUMENTS MAILED: #7 Order to Notify of Address Change w/ NEF and pro se litigant guide, placed in U.S. Mail from Florence Clerk's Office to Andrew Marshall McElrath, #336981, Livesay Institution, PO Box 580, Una, SC 29378. (prou, ) |
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Filing 7
ORDER directing plaintiff to notify Clerk in writing of any address changes. Signed by Magistrate Judge Kaymani D West on 8/3/2023. (prou, )
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| Filing 3 Local Rule 26.01 Answers to Interrogatories by Facebook Inc, Meta Quest Inc, Mark Zuckerberg. (Attachments: #1 Certificate of Service)(prou, ) |
| Filing 1 NOTICE OF REMOVAL from Anderson County Common Pleas, case number 2023-CP-04-01250. (Filing fee $ 402 receipt number ASCDC-11239437), filed by Facebook Inc, Meta Quest Inc, Mark Zuckerberg. (Attachments: #1 Exhibit A - State Court Documents, #2 Exhibit B - Declaration of Thomas M. Van Loben Sels, #3 Exhibit C - Declaration of Jennifer Pricer, #4 Certificate of Service)(prou, ) |
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