| Court: | scd |
| Docket #: | 3:14-cv-04025 |
| Case Name: | Pressley v. McMaster et al |
| PACER case #: | 216035 |
| Date filed: | 2014-10-15 |
| Date terminated: | 2016-03-22 |
| Assigned to: | Honorable J Michelle Childs |
| Referred to: | Magistrate Judge Kevin McDonald |
| Case Cause: | 42:1983 Prisoner Civil Rights, State Filers |
| Nature of Suit: | 550 Prisoner: Civil Rights |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Terry Pressley Plaintiff formerly known as137798 also known asTerry Keels Pressley also known asTerry Pressley |
Aimee Jendrzejewski Zmroczek Mark Schnee |
| Henry D McMaster Defendant all for the South Carolina Attorney Generals Office TERMINATED: 09/04/2015 |
Alan Wilson James Emory Smith , Jr Robert Dewayne Cook Steven Richard Spreeuwers William Henry Davidson , II |
| John W McIntosh Defendant all for the South Carolina Attorney Generals Office TERMINATED: 09/04/2015 |
Alan Wilson James Emory Smith , Jr Robert Dewayne Cook Steven Richard Spreeuwers William Henry Davidson , II |
| Donald J Zelenka Defendant all for the South Carolina Attorney Generals Office TERMINATED: 09/04/2015 |
Alan Wilson James Emory Smith , Jr Robert Dewayne Cook Steven Richard Spreeuwers William Henry Davidson , II |
| Jon Ozmint Defendant both for the South Carolina Department of Corrections |
Daniel R Settana , Jr Richard Eugene Marsh , III Claude E Hardin , Jr |
| Bryan P Stirling Defendant both for the South Carolina Department of Corrections |
Daniel R Settana , Jr Richard Eugene Marsh , III Claude E Hardin , Jr |
| The State of South Carolina Defendant TERMINATED: 09/04/2015 |
Alan Wilson James Emory Smith , Jr Robert Dewayne Cook Steven Richard Spreeuwers William Henry Davidson , II |
| The South Carolina Department of Corrections Defendant |
Daniel R Settana , Jr Richard Eugene Marsh , III Claude E Hardin , Jr |
| The South Carolina Attorney General's Office Defendant TERMINATED: 09/04/2015 |
Alan Wilson James Emory Smith , Jr Robert Dewayne Cook Steven Richard Spreeuwers William Henry Davidson , II |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-10-15 | 1 | 0 | NOTICE OF REMOVAL from Richland County Court of Common Pleas, case number 2014-CP-40-5734. (Filing fee $ 400 receipt number 0420-5594955), filed by Bryan P Stirling, Henry D McMaster, The South Carolina Attorney General's Office, The South Carolina Department of Corrections, John W McIntosh, Donald J Zelenka, Jon Ozmint, The State of South Carolina. (Attachments: # 1 State Court Documents, # 2 Affidavit)(kric, ) (Attachment 1 replaced on 10/17/2014) (kric, ). (Attachment 2 replaced on 10/17/2014) (kric, ). (Entered: 10/16/2014) | |||
| 2014-10-15 | 3 | 0 | Local Rule 26.01 Answers to Interrogatories by John W McIntosh, Henry D McMaster, The South Carolina Attorney General's Office, The State of South Carolina, Donald J Zelenka.(kric, ) (Entered: 10/16/2014) | |||
| 2014-10-16 | 5 | 0 | MOTION to Dismiss by John W McIntosh, Henry D McMaster, The South Carolina Attorney General's Office, The State of South Carolina, Donald J Zelenka. Response to Motion due by 11/3/2014. (Attachments: # 1 Memo in Support, # 2 Exhibit A - Sentencing Transcript, # 3 Exhibit B - Sentencing Sheets, # 4 Exhibit C - PCR Order)No proposed order.Motions referred to Kevin McDonald.(Davidson, William) (Entered: 10/16/2014) | |||
| 2014-10-15 | 6 | 0 | TRUE DIVISION FOR TRIAL: Columbia. (kric, ) (Entered: 10/16/2014) | |||
| 2014-10-16 | 7 | 0 | ANSWER to Complaint by Jon Ozmint, Bryan P Stirling, The South Carolina Department of Corrections. Exhibits Local Rule 26.01 interrogatories 1, 2 and 3 deleted and refiled separately. Modified on 10/16/2014 to edit text. (kric, ). (Entered: 10/16/2014) | |||
| 2014-10-16 | 8 | 0 | Local Rule 26.01 Answers to Interrogatories by Jon Ozmint.(kric, ) (Entered: 10/16/2014) | |||
| 2014-10-16 | 9 | 0 | Local Rule 26.01 Answers to Interrogatories by Bryan P Stirling.(kric, ) (Entered: 10/16/2014) | |||
| 2014-10-16 | 10 | 0 | Local Rule 26.01 Answers to Interrogatories by The South Carolina Department of Corrections.(kric, ) (Entered: 10/16/2014) | |||
| 2014-10-16 | 12 | 0 | ORDER The plaintiff is directed to file Answers to Rule 26.01 Interrogatories within 14 days. Signed by Magistrate Judge Kevin McDonald on 10/16/14. (cnob, ) (Entered: 10/16/2014) | |||
| 2014-11-05 | 16 | 0 | Plaintiff's Local Rule 26.01 Answers to Interrogatories by Terry Pressley.(Zmroczek, Aimee) (Entered: 11/05/2014) | |||
| 2014-11-17 | 17 | 0 | ORDER The plaintiff shall have through December 10, 2014, to file a response to the 5 motion to dismiss. The plaintiff is advised that if he fails to respond, this action will be subject to dismissal for failure to prosecute pursuant to F.R.Civ.P. 41(b) Signed by Magistrate Judge Kevin McDonald on 11/17/14. (cnob, ) (Entered: 11/17/2014) | |||
| 2014-12-10 | 19 | 0 | RESPONSE in Opposition re 5 MOTION to Dismiss Response filed by Terry Pressley.Reply to Response to Motion due by 12/22/2014 (Schnee, Mark) (Entered: 12/10/2014) | |||
| 2014-12-15 | 21 | 0 | REPLY to Response to Motion re 5 MOTION to Dismiss Response filed by John W McIntosh, Henry D McMaster, The South Carolina Attorney General's Office, The State of South Carolina, Donald J Zelenka. (Davidson, William) (Entered: 12/15/2014) | |||
| 2015-03-13 | 22 | 0 | MOTION to Compel by Jon Ozmint, Bryan P Stirling, The South Carolina Department of Corrections. Response to Motion due by 3/30/2015. (Attachments: # 1 Exhibit A Defendants first set of interrogatories, # 2 Exhibit B Defendants First set of requests for the production of documents, # 3 Exhibit C 2/17/15 Overdue discovery letter, # 4 Exhibit D Email chain granting extension)No proposed order.Motions referred to Kevin McDonald.(Marsh, Richard) Modified on 3/16/2015 to edit exhibit descriptions (kric, ). (Entered: 03/13/2015) | |||
| 2015-04-01 | 24 | 0 | ORDER granting 22 Motion to Compel. The plaintiff is directed to serve his responses to the discovery requests by April 8, 2015. Failure to obey a discovery order may result in sanctions, including the loss of claims or defenses, the striking of all or part of pleadings, or the dismissal of all or part of the action. Signed by Magistrate Judge Kevin McDonald on 4/1/15.(cnob, ) (Entered: 04/01/2015) | 2015-04-22 17:36:26 | dc5e47609e6666b18c389a00fa3268f6dac8a37a | |
| 2015-04-03 | 25 | 0 | REPORT AND RECOMMENDATION recommending the district court grant the moving defendants' 5 MOTION to Dismiss with prejudice. Objections to R&R due by 4/20/15. Signed by Magistrate Judge Kevin McDonald on 4/3/15. (cnob, ) (Entered: 04/03/2015) | |||
| 2015-04-09 | 26 | 0 | MOTION for Summary Judgment by Jon Ozmint, Bryan P Stirling, The South Carolina Department of Corrections. Response to Motion due by 4/27/2015. (Attachments: # 1 Memo in Support, # 2 Exhibit Sentencing Sheets, # 3 Exhibit Excerpt of Sentencing Transcript, # 4 Affidavit of Michael J. Stobbe, # 5 Exhibit Plaintiff's Answers to Interrogatories)No proposed order.Motions referred to Kevin McDonald.(Marsh, Richard) (Attachment 5 replaced per the request of filing attorney on 4/10/2015) (abuc). (Attachment 1 replaced on 4/10/2015: to replace with corrected document as provided by filing user) (kmca). (Entered: 04/09/2015) | |||
| 26 | 1 | Memo in Support | ||||
| 26 | 2 | Exhibit Sentencing Sheets | ||||
| 26 | 3 | Exhibit Excerpt of Sentencing Transcript | ||||
| 26 | 4 | Affidavit of Michael J. Stobbe | ||||
| 26 | 5 | Exhibit Plaintiff's Answers to Interrogatories | ||||
| 2015-04-10 | 28 | 0 | DELETION OF DOCKET ENTRY NUMBER #27 Roseboro Order. Reason: Plaintiff represented by counsel. (kmca) (Entered: 04/10/2015) | |||
| 2015-04-22 | 30 | 0 | SECOND MOTION to Compel by Jon Ozmint, Bryan P Stirling, The South Carolina Department of Corrections. Response to Motion due by 5/12/2015. (Attachments: # 1 Memo in Support, # 2 Exhibit Defendants' Interrogatories, # 3 Exhibit Defendants' Requests for Production, # 4 Exhibit Overdue Discovery Letter, # 5 Exhibit Correspondence Granting Extension, # 6 Exhibit Plaintiff's Discovery Responses, # 7 Exhibit Insufficient Discovery Letter)No proposed order.Motions referred to Kevin McDonald.(Marsh, Richard) Modified on 4/24/2015 to edit text and document number (kric, ) (Entered: 04/22/2015) | |||
| 30 | 1 | Memo in Support | ||||
| 30 | 2 | Exhibit Defendants' Interrogatories | ||||
| 30 | 3 | Exhibit Defendants' Requests for Production | ||||
| 30 | 4 | Exhibit Overdue Discovery Letter | ||||
| 30 | 5 | Exhibit Correspondence Granting Extension | ||||
| 30 | 6 | Exhibit Plaintiff's Discovery Responses | ||||
| 30 | 7 | Exhibit Insufficient Discovery Letter | ||||
| 2015-04-28 | 32 | 0 | ORDER The plaintiff shall have through May 8, 2015, to file his response to the 26 motion for summary judgment. The plaintiff is advised that if he fails to respond, this action will be subject to dismissal for failure to prosecute pursuant to F.R.Civ.P. 41(b). IT IS SO ORDERED. Signed by Magistrate Judge Kevin McDonald on 4/28/15. (cnob, ) (Entered: 04/28/2015) | 2015-06-01 17:37:30 | 3ba99dd43d1616028905186914f0371032eab56e | |
| 2015-05-08 | 34 | 0 | RESPONSE in Opposition re 26 MOTION for Summary Judgment Response filed by Terry Pressley.Reply to Response to Motion due by 5/18/2015 (Schnee, Mark) (Entered: 05/08/2015) | |||
| 2015-05-18 | 36 | 0 | REPLY to Response to Motion re 26 MOTION for Summary Judgment Response filed by Jon Ozmint, Bryan P Stirling, The South Carolina Department of Corrections. (Marsh, Richard) (Entered: 05/18/2015) | |||
| 2015-05-27 | 37 | 0 | NOTICE of Hearing on Motion 30 Amended MOTION to Compel : Motion Hearing set for 6/3/15 10:00 AM in Greenville #4, Clement F Haynsworth Fed Bldg, 300 E Washington St., Greenville before Magistrate Judge Kevin McDonald. (cnob, ) (Entered: 05/27/2015) | |||
| 2015-06-03 | 38 | 0 | Minute Entry for proceedings held before Magistrate Judge Kevin McDonald: Motion Hearing held on 6/3/2015 re 30 Amended MOTION to Compel filed by Bryan P Stirling, The South Carolina Department of Corrections, Jon Ozmint. Court Reporter Judi Johnson. (jtho, ) (Entered: 06/03/2015) | |||
| 2015-06-03 | 39 | 0 | ORAL ORDER granting 30 Motion to Compel. Plaintiff's counsel is to provide all documents and answers to interrogatories identified in 30 Motion to Compel by close of business on 6/5/15. Signed by Honorable J Michelle Childs on 6/3/15.(jtho, ) (Entered: 06/03/2015) | |||
| 2015-06-08 | 40 | 0 | REPORT AND RECOMMENDATION recommending the district court grant the moving defendants' 26 MOTION for Summary Judgment. Objections to R&R due by 6/25/15. Signed by Magistrate Judge Kevin McDonald on 6/8/15. (cnob, ) (Entered: 06/08/2015) | |||
| 2015-06-25 | 41 | 0 | OBJECTION to 40 Report and Recommendation by Terry Pressley.Reply to Objections due by 7/13/2015 (Attachments: # 1 Exhibit Exhibit A - SCDC Policy 21-04, # 2 Exhibit Exhibit B - SCDC Policy OP-21-09, # 3 Exhibit Exhibit C)(Schnee, Mark) (Entered: 06/25/2015) | |||
| 2015-06-25 | 43 | 0 | OBJECTION to 40 Report and Recommendation by Jon Ozmint, Bryan P Stirling, The South Carolina Department of Corrections.Reply to Objections due by 7/13/2015 (Marsh, Richard) (Entered: 06/25/2015) | |||
| 2015-07-13 | 44 | 0 | REPLY by Jon Ozmint, Bryan P Stirling, The South Carolina Department of Corrections to 41 Objection to Report and Recommendation, . (Marsh, Richard) (Entered: 07/13/2015) | |||
| 2015-09-04 | 45 | 0 | ORDER ADOPTING 25 REPORT AND RECOMMENDATION re 5 Motion to Dismiss, filed by The South Carolina Attorney General's Office, The State of South Carolina, John W McIntosh, Donald J Zelenka, Henry D McMaster. It is ORDERED that Defendants' Motion to Dismiss (ECF No. 5 ) is granted. Signed by Honorable J Michelle Childs on 9/4/2015. (abuc) (Entered: 09/04/2015) | |||
| 2015-09-08 | 46 | 0 | MOTION for Reconsideration re 45 Order by Terry Pressley. Response to Motion due by 9/25/2015. (Attachments: # 1 Exhibit 1 Email from ECF re No. 40, # 2 Exhibit 2 Email from ECF re No. 41, # 3 Exhibit 3 Filed copy of Plaintiff's Objections to Magistrate's R&R)No proposed order.Motions referred to Kevin McDonald.(Schnee, Mark) Modified on 9/9/2015: to add descriptions to exhibits, to add link to 45 Order, to remove automatic referral to Magistrate Judge McDonald (kmca). (Entered: 09/08/2015) | |||
| 46 | 1 | Exhibit 1 Email from ECF re: No. 40 | ||||
| 46 | 2 | Exhibit 2 Email from ECF re: No. 41 | ||||
| 46 | 3 | Exhibit 3 Filed copy of Plaintiff's Objections to Magistrate's R&R | ||||
| 2015-09-25 | 47 | 0 | RESPONSE in Opposition re 46 MOTION for Reconsideration Response filed by John W McIntosh, Henry D McMaster, The South Carolina Attorney General's Office, The State of South Carolina, Donald J Zelenka.Reply to Response to Motion due by 10/5/2015 (Spreeuwers, Steven) (Entered: 09/25/2015) | |||
| 2016-01-15 | 49 | 0 | ORDER denying 46 Motion for Reconsideration filed by Terry Pressley Signed by Honorable J Michelle Childs on 1/15/2016.(kric, ) Modified on 1/15/2016 (kric, ). (Entered: 01/15/2016) | |||
| 2016-03-03 | 50 | 0 | NOTICE of Appearance by Claude E Hardin, Jr on behalf of Jon Ozmint, Bryan P Stirling, The South Carolina Department of Corrections (Hardin, Claude) (Entered: 03/03/2016) | 2017-05-20 11:03:34 | 85dfec766c5d5a78eeb1d7f3dfe0b7c7267d38b6 | |
| 2016-03-21 | 51 | 0 | ORDER RULING ON REPORT AND RECOMMENDATION 40 . The court ACCEPTS IN PART and MODIFIES IN PART the Magistrate Judges Report (ECF No. 40) and GRANTS IN PART and DENIES IN PART Defendants Motion for Summary Judgment (ECF No. 26). Signed by Honorable J Michelle Childs on 3/21/2016. (kric, ) Modified on 3/22/2016 to edit text(kric, ). (Entered: 03/21/2016) | |||
| 2016-03-21 | 52 | 0 | TEXT Order to Vacate 51 Order Ruling on Report and Recommendation. Order to be refiled. Signed by Honorable J Michelle Childs on 3/21/2016. (kric, ) (Entered: 03/21/2016) | |||
| 2016-03-21 | 54 | 0 | ORDER RULING ON REPORT AND RECOMMENDATION 40 . The court ACCEPTS IN PART and MODIFIES IN PART the Magistrate Judges Report 40 and GRANTS IN PART and DENIES IN PART Defendants Motion for Summary Judgment 26 . This action is dismissed with prejudice. Signed by Honorable J Michelle Childs on 3/21/2016. (kric, ) Modified on 3/22/2016 to edit linkage (kric, ). (Entered: 03/22/2016) | 2016-03-29 06:46:44 | 38ee4ad11c3db3a2218359b7c84caf9c9c1beb37 | |
| 2016-03-22 | 56 | 0 | SUMMARY JUDGMENT in favor of John Ozmint; Bryan P Stirling; The South Carolina Department of Corrections; against Terry Pressley (kric, ) (Entered: 03/22/2016) |