Young v. Stirling et al
Plaintiff: Michael J. Young, Jr. and Michael J Young, Jr
Defendant: Bryan P. Stirling, Dennis R. Patterson, Tashena Nicole Boyd, South Carolina Department of Corrections and Joel Anderson
Case Number: 9:2022cv02249
Filed: July 14, 2022
Court: US District Court for the District of South Carolina
Presiding Judge: Molly H Cherry
Referring Judge: Sherri A Lydon
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 pr (Other)
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2022 Opinion or Order Filing 28 OBJECTION to #22 Report and Recommendation by Joel Anderson, Dennis R. Patterson, South Carolina Department of Corrections, Bryan P. Stirling. Reply to Objections due by 9/21/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Certificate of Service)(Davidson, William)
August 29, 2022 Opinion or Order Filing 26 Letter from Michael J. Young Jr. (Attachments: #1 Envelope)(dgar)
August 29, 2022 Opinion or Order Filing 25 MOTION for Default Judgment as to Michael J. Young Jr. by Michael J. Young, Jr. Response to Motion due by 9/12/2022. 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 Cover Letter, #2 Envelope)(dgar)
August 29, 2022 Opinion or Order Filing 24 REPLY #16 to Response to Motion re #9 MOTION to Remand to State Court Response filed by Michael J. Young, Jr. (Attachments: #1 Cover Letter, #2 Envelope)(dgar) . (Additional attachment(s) added on 8/29/2022: #3 Exhibit A- Defendant's Notice of Removal, #4 Exhibit B- Affidavit of Attorney Davidson, #5 Exhibit C- Letter by Attorney Davidson) (dgar). Modified on 8/29/2022 to add exhibits(dgar).
August 24, 2022 Opinion or Order Filing 23 ***DOCUMENT MAILED #22 REPORT AND RECOMMENDATION placed in U.S. Mail from to Michael J. Young, Jr. 345614 Kirkland Correctional 4344 Broad River Road Columbia, SC 29210. (apsn)
August 24, 2022 Opinion or Order Filing 22 REPORT AND RECOMMENDATION of Magistrate Judge Molly H Cherry. It is RECOMMENDED that #9 Plaintiff's Motion to Remand be GRANTED and that this action be REMANDED to state court, without an award of fees or costs. Objections to R&R due by 9/7/2022. 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 Molly H Cherry on 08/24/2022. (apsn)
August 24, 2022 Opinion or Order Filing 21 ***DOCUMENT MAILED 17 Order, 18 Order on Motion to Stay, placed in U.S. Mail from Charleston Clerks Office to Michael J. Young, Jr. 345614 Kirkland Correctional 4344 Broad River Road Columbia, SC 29210. (apsn)
August 24, 2022 Opinion or Order Filing 20 NOTICE OF JOINDER re #4 MOTION to Dismiss or in the alternative MOTION for More Definite Statement by William Henry Davidson, II on behalf of Joel Anderson (Attachments: #1 Certificate of Service)(Davidson, William)
August 24, 2022 Opinion or Order Filing 19 CONSENT TO REMOVAL FROM STATE COURT by Joel Anderson. (Attachments: #1 Certificate of Service)(Davidson, William)
August 24, 2022 Opinion or Order Filing 18 TEXT ORDER granting, in part, #8 Plaintiff's Motion to Stay. All deadlines and discovery in this case are stayed pending an order by the district judge on the Motion to Remand (ECF No. 9), after which the Court will then issue any further orders as may be necessary. Entered at the direction Magistrate Judge Molly H Cherry on 08/24/2022.(apsn)
August 24, 2022 Opinion or Order Filing 17 TEXT ORDER. The operative complaint in this case is the Amended Complaint, which was originally filed in state court on April 4, 2022, and was filed in this Court at the time of removal on July 14, 2022. See ECF No. 1-3 at 2, 47-89. Although the Amended Complaint names five defendants, the case caption on the Notice of Removal (ECF No. 1) and this Courts docket currently lists only four defendants: Defendants Stirling, Patterson, Boyd, and the South Carolina Department of Corrections. The clerk is directed to update the docket to add the fifth defendant named in the Amended Complaint: Defendant Joel Anderson. IT IS SO ORDERED.Entered at the direction of Magistrate Judge Molly H Cherry on 08/24/2022. (apsn)
August 19, 2022 Opinion or Order Filing 16 RESPONSE in Opposition re #9 MOTION to Remand to State Court Response filed by Dennis R. Patterson, South Carolina Department of Corrections, Bryan P. Stirling.Reply to Response to Motion due by 8/26/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Certificate of Service)(Davidson, William)
August 18, 2022 Opinion or Order Filing 15 REPLY to Response to Motion re #4 MOTION to Dismiss or in the alternative MOTION for More Definite Statement Response filed by Dennis R. Patterson, South Carolina Department of Corrections, Bryan P. Stirling. (Attachments: #1 Certificate of Service)(Davidson, William)
August 12, 2022 Opinion or Order Filing 14 NOTICE to withdraw pending Motion for Leave to file a Second Amended Complaint by Michael J Young. (Attachments: #1 Envelope)(apsn)
August 12, 2022 Opinion or Order Filing 13 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Set Aside Default by Michael J. Young, Jr. Response to Motion due by 8/26/2022. 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 Cover Letter, #2 Declaration, #3 Envelope)Motions referred to Molly H Cherry.(apsn, )
August 12, 2022 Opinion or Order Filing 12 Letter from Michael Young. (Attachments: #1 Envelope)(apsn)
August 11, 2022 Opinion or Order Filing 10 RESPONSE in Opposition re #4 MOTION to Dismiss or in the alternative MOTION for More Definite Statement Response filed by Michael J. Young, Jr.Reply to Response to Motion due by 8/18/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Cover Letter, #2 Envelope)(apsn)
August 5, 2022 Opinion or Order Filing 9 MOTION to Remand to State Court by Michael J. Young, Jr. Response to Motion due by 8/19/2022. 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 Cover Letter, #2 Exhibit A, #3 Exhibit B, #4 Envelope)Motions referred to Molly H Cherry.(apsn)
August 5, 2022 Opinion or Order Filing 8 MOTION to Stay by Michael J. Young, Jr. Response to Motion due by 8/19/2022. 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 Cover Letter, #2 Envelope) Motions referred to Molly H Cherry.(apsn) Modified on 8/5/2022 to remove Exhibits and update docket text, regenerated NEF (apsn). (Additional attachment(s) added on 8/5/2022: #2 Envelope) (apsn, ).
August 1, 2022 Opinion or Order Filing 7 ***DOCUMENT MAILED #6 Roseboro Order, placed in U.S. Mail from Charleston Clerks Office to Michael J. Young, Jr. 345614 Kirkland Correctional 4344 Broad River Road Columbia, SC 29210. (apsn)
August 1, 2022 Opinion or Order Filing 6 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 #4 MOTION to Dismiss or in the alternative MOTION for More Definite Statement Response to Motion due by 9/1/2022. 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 Molly H Cherry on 08/01/2022. (apsn, )
July 28, 2022 Opinion or Order Filing 5 MOTION to Set Aside Default by Tashena Nicole Boyd. Response to Motion due by 8/11/2022. 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)No proposed order.Motions referred to Molly H Cherry.(Wlodarczyk, Damon)
July 21, 2022 Opinion or Order Filing 4 MOTION to Dismiss or in the alternative, MOTION for More Definite Statement ( Response to Motion due by 8/4/2022. 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 Dennis R. Patterson, South Carolina Department of Corrections, Bryan P. Stirling. (Attachments: #1 Exhibit A - Parkins Order, #2 Exhibit B - Valentine Order, #3 Certificate of Service)No proposed order.Motions referred to Molly H Cherry.(Davidson, William)
July 14, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from Court of Common Pleas, County of Lee, case number 2022CP3100058. (Filing fee $ 402 receipt number ASCDC-10591859), filed by South Carolina Department of Corrections, Dennis R. Patterson, Bryan P. Stirling, Tashena Nicole Boyd, Joel Anderson. (Attachments: #1 Consent of Removal, #2 Affidavit, #3 State Court Documents)(apsn) (Additional attachment(s) added on 7/15/2022: #4 Certificate of Service) (apsn). Modified on 8/24/2022 to add defendant (apsn).

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Plaintiff: Michael J. Young, Jr.
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Plaintiff: Michael J Young, Jr
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Defendant: Bryan P. Stirling
Represented By: William Henry Davidson, II
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Defendant: Dennis R. Patterson
Represented By: William Henry Davidson, II
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Defendant: Tashena Nicole Boyd
Represented By: Damon C Wlodarczyk
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Defendant: South Carolina Department of Corrections
Represented By: William Henry Davidson, II
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Defendant: Joel Anderson
Represented By: William Henry Davidson, II
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