Lewallen v. Mitchell et al
| Christopher Edward Lewallen |
| Nurse Kathryn, Lt Ham, Anderson County Sheriff's Office, Nurse Amber Brown, Chad McBride, Doctor Walker, Mediko, Kevin Matheson and Sgt Nathan Mitchell |
| 9:2020cv03817 |
| October 30, 2020 |
| US District Court for the District of South Carolina |
| Molly H Cherry |
| Sherri A Lydon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 7, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 32
MOTION to hold in abeyance re #29 MOTION for Reconsideration re #15 Order on Motion to Appoint Counsel,Order on Motion for Extension of Time to File Response/Reply, by Christopher Edward Lewallen. Response to Motion due by 1/11/2021. 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 Supporting Documents, #2 Envelope)No proposed order.Motions referred to Molly H Cherry.(cpeg, )
|
|
Filing 31
***DOCUMENT MAILED 30 Order on Motion for Reconsideration, placed in U.S. Mail from Charleston Clerks Office to Christopher Edward Lewallen 164599 Anderson County Detention Center 1009 David Lee Coffee Place Anderson, SC 29625 (cpeg, )
|
|
Filing 30
Text Order denying Motion for Reconsideration (ECF No. #29 ). Plaintiff states that he has limited education; the issues in the case are related to another case, such that counsel would be helpful; expert testimony will be necessary, if the case proceeds to trial; and that he is being denied legal research forms from the prison. There is no absolute right to the appointment of counsel in civil actions such as this one. Therefore, a plaintiff must present "exceptional circumstances" to warrant the assistance of a private attorney for a plaintiff who is unable to afford counsel. Miller v. Simmons, 814 F.2d 962, 966 (4th Cir. 1987). Plaintiff's filings, including a motion to amend his complaint and motion for extension of time, indicate he is able to adequately participate in this litigation. Defendants have not yet been served with process, no scheduling order has been issued, and Plaintiff has not missed any Court deadlines. This case does not present exceptional circumstances that justify appointment of counsel at this time. Entered at the direction of Magistrate Judge Molly H Cherry on 12/23/2020.(cpeg, )
|
|
Filing 29
MOTION for Reconsideration re #15 Order on Motion to Appoint Counsel by Christopher Edward Lewallen. Response to Motion due by 1/4/2021. 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 Envelope)No proposed order.Motions referred to Molly H Cherry.(cpeg, )
|
|
Filing 27
***DOCUMENT MAILED 22 Order on Motion to Amend/Correct, #21 Order 1983, placed in U.S. Mail from Charleston Clerks Office to Christopher Edward Lewallen 164599 Anderson County Detention Center 1009 David Lee Coffee Place Anderson, SC 29625 (cpeg, )
|
|
Filing 26
Summons Issued as to Amber Brown, Ham, Kevin Matheson, Chad McBride, Nathan Mitchell, Walker. Service due by 3/15/2021 (cpeg, )
|
|
Filing 24
SECOND AMENDED COMPLAINT against Amber Brown, Ham, Kevin Matheson, Chad McBride, Nathan Mitchell, Walker, filed by Christopher Edward Lewallen. Service due by 3/15/2021 (Attachments: #1 Supporting Documents)(cpeg, ) Modified on 12/16/2020 to add Second to docket text. (cpeg, ).
|
|
Filing 22
REFERENCE #21 ORDER granting #19 Motion to Amend/Correct. Signed by Magistrate Judge Molly H Cherry on 12/15/2020.(cpeg, )
|
|
Filing 21
ORDER authorizing service of process and collection of filing fee. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Plaintiff is also directed to notify the clerk in writing of any change of address. Signed by Magistrate Judge Molly H Cherry on 12/15/2020. (cpeg, )
|
|
Filing 19
MOTION to Amend/Correct #5 Amended Complaint by Christopher Edward Lewallen. Response to Motion due by 12/29/2020. 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 Proposed Second Amended Complaint, #2 Supporting Documents, # 3 Proposed Service Documents, #4 Cover Letter, #5 Envelope)No proposed order.Motions referred to Molly H Cherry.(cpeg, )
|
|
Filing 16
***DOCUMENT MAILED #15 Order on Motion to Appoint Counsel, Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail from Charleston Clerks Office to Christopher Edward Lewallen 164599 Anderson County Detention Center 1009 David Lee Coffee Place Anderson, SC 29625 (cpeg, )
|
|
Filing 15
ORDER- Plaintiff's Motion to Appoint Counsel (ECF No. #13 ) seeking discretionary appointment of counsel is DENIED at this time. See Cook, 518 F.2d at 780 (Appointment of free counsel should be allowed only in exceptional cases.). Granting #13 Motion for Extension of Time to File Response/Reply ;Plaintiff's Motion for Extension of Time to Respond to the Proper Form Order (ECF No. 14) is GRANTED. Plaintiff shall have until December 30, 2020, to bring the case into proper form. Signed by Magistrate Judge Molly H Cherry on 12/04/2020.(cpeg, )
|
|
Filing 14
MOTION for Extension of Time to File Response/Reply as to #9 Proper Form Order, by Christopher Edward Lewallen. Response to Motion due by 12/17/2020. 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 Supporting Documents, #2 Envelope)No proposed order.Motions referred to Molly H Cherry.(cpeg, )
|
|
Filing 13
MOTION to Appoint Counsel, MOTION for Extension of Time to File Response/Reply as to #9 Proper Form Order, ( Response to Motion due by 12/16/2020. 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. ) by Christopher Edward Lewallen. (Attachments: #1 Exhibit A, #2 Cover Letter, #3 Envelope)No proposed order.Motions referred to Molly H Cherry.(cpeg, )
|
|
Filing 12
Letter from Christopher Lewallen. Note- Copy of current Docket sheet and cost of copies letter sent to Plaintiff on this date. (Attachments: #1 Envelope)(cpeg, )
|
|
Filing 11
***DOCUMENT MAILED #9 Proper Form Order with required documents, 10 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Charleston Clerks Office to Christopher Edward Lewallen 164599 Anderson County Detention Center 1009 David Lee Coffee Place Anderson, SC 29625 (cpeg, )
|
|
Filing 10
REFERENCE #9 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Molly H Cherry on 11/18/2020.(cpeg, )
|
|
Filing 9
PROPER FORM ORDER Case to be brought into proper form by 12/9/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Molly H Cherry on 11/18/2020. (cpeg, )
|
|
Filing 5
AMENDED COMPLAINT against Amber Brown, Ham, Kathryn, Kevin Matheson, Chad McBride, Nathan Mitchell, Walker, filed by Christopher Edward Lewallen. Service due by 2/4/2021 (Attachments: #1 Cover Letter, #2 Envelope)(cpeg, )
|
|
Filing 3
TRUE DIVISION FOR TRIAL: Greenville. (cpeg, )
|
|
Filing 2
MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Christopher Edward Lewallen. Response to Motion due by 11/13/2020. 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. (Attachments: #1 Envelope)No proposed order.Motions referred to Molly H Cherry.(cpeg, )
|
|
Filing 1
COMPLAINT against Anderson County Sheriff's Office, Amber Brown, Ham, Kathryn, Kevin Matheson, Chad McBride, Mediko, Nathan Mitchell, Walker, filed by Christopher Edward Lewallen. Service due by 1/28/2021 (Attachments: #1 Envelope)(cpeg, ) (Main Document 1 replaced on 11/4/2020 per chambers request) (cpeg, ).
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the South Carolina District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
