This case was last updated from U.S. District Courts on 12/11/2021 at 10:22:47 (UTC).

GIBSON v. FREEMAN

Case Summary

On 10/12/2021 GIBSON filed a Civil Right - Other Civil Right lawsuit against FREEMAN. This case was filed in U.S. District Courts, North Carolina Middle District. The Judges overseeing this case are LORETTA C. BIGGS and L. PATRICK AULD. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00791

  • Filing Date:

    10/12/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Presiding Judge

LORETTA C. BIGGS

Referral Judge

L. PATRICK AULD

 

Party Details

Plaintiff

JOSEPH A. GIBSON, III

Stokesdale, NC 27357

Defendants

CHRIS FREEMAN

CAPTAIN SHANE BULLINS

SHERIFF SAM SCOTT PAGE

MALCOM FARRELL

J O LAWRENCE

JACKSON

CHRISTINA STRADER

MS. OVERBY

MS. LUTZ

JANE DOE #1

JANE DOE #2

JOHN DOE #1

JOHN DOE #2

JOHN DOE #3

JOHN DOE #4

CAPTAIN BILLY KING

JOHN DOE #5

JOHN DOE #6

JOHN DOE #7

6 More Parties Available

 

Court Documents

#12

(#12) ORDER signed by JUDGE LORETTA C. BIGGS on 11/19/2021 adopting the Magistrate Judge's Recommendation #7 ; that Plaintiff's Motion for Preliminary Injunction and/or TRO, (ECF No. #3 ), is DENIED and that this action is DISMISSED under Section 1915(e)(2)(B) for failure to state a claim and/or due to judicial and/or prosecutorial immunity, except as to Plaintiff's individual-capacity claim against Defendant Lutz for excessive force (and without prejudice to Plaintiff's right to pursue individual-capacity claims for excessive force and/or deliberate indifference to serious medical needs against unnamed employees of the Rockingham County Detention Center if he later can identify them). (Sheets, Jamie) (Entered: 11/19/2021)

#7

CASE REFERRED RE: #7 RECOMMENDED RULING - MAGISTRATE JUDGE, to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 11/18/2021)

#16

(#16) Notice of Mailing Recommendation. Objections to R&R due by 12/21/2021. Objections to R&R for Pro Se due by 12/27/2021. (Hicks, Samantha) (Entered: 12/07/2021)

#15

(#15) MEMORANDUM filed by Plaintiff JOSEPH A. GIBSON, III re #14 MOTION to Set Aside Judgment filed by JOSEPH A. GIBSON, III. (Hicks, Samantha) (Entered: 12/06/2021)

#14

(#14) MOTION to Set Aside Judgment by JOSEPH A. GIBSON, III. Response to Motion due by 12/27/2021. (Hicks, Samantha) (Entered: 12/06/2021)

13 #1

Envelope - Front and Back

#13

(#13) MOTION to Appoint Counsel by JOSEPH A. GIBSON, III. Responses due by 12/16/2021. (Attachments: #1 Envelope - Front and Back) (Hicks, Samantha) (Entered: 12/02/2021)

#11

TEXT RECOMMENDATION that the Court deny #14 Motion to Set Aside Judgment. Notwithstanding its title, because #14 Motion attacks #12 Order and because the terms of #12 Order (adopting #7 Recommendation) do not make the partial dismissal of Defendants and claims therein into a final (appealable) judgment under Federal Rule of Civil Procedure 54(b), #12 Order "may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities," Fed. R. Civ. P. 54(b). "[C]ourts have frequently looked to the standards under [Federal] Rule [of Civil Procedure] 59(e) for guidance in considering such motions. Specifically, courts have considered whether: (1) there has been an intervening change in controlling law; (2) there is additional evidence that was not previously available; or (3) the prior decision was based on clear error or would work manifest injustice.... [L]ike Rule 59(e) motions, Rule 54(b) motions should not be used to rehash arguments the [C]ourt has already considered or to raise new arguments or evidence that could have been raised previously." Williamson v. Prime Sports Marketing, LLC, No. 19CV593, 2021 WL 4193343, at *2 (M.D.N.C. Sept. 15, 2021) (unpublished) (internal brackets, citations, and quotation marks omitted). Nothing in #14 Motion or #15 Memorandum in Support of #14 Motion satisfies the foregoing standard; instead, those filings simply (and impermissibly) seek "to rehash arguments the court has already considered or to raise new arguments... that could have been raised previously," id. Finally, to the extent #14 Motion asks the Court "to allow Plaintiff to [a]mend [ #2 C]omplaint," neither #14 Motion nor #15 Memorandum show what amendments Plaintiff would make (let alone how those amendments would alter the conclusions in #12 Order and/or why he failed to propose them in #11 Objections to #7 Recommendation). Issued by MAG/JUDGE L. PATRICK AULD on 12/07/2021. (AULD, L.) (Entered: 12/07/2021)

10 #1

Consent Form

#10

No Description Available

#9

No Description Available

#8

No Description Available

#6

#5

4 #1

Pictures

#4

12 More Documents Available

 

Docket Entries

  • 12/07/2021
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  • Docket(#16) Notice of Mailing Recommendation. Objections to R&R due by 12/21/2021. Objections to R&R for Pro Se due by 12/27/2021. (Hicks, Samantha) (Entered: 12/07/2021)

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  • 12/07/2021
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  • DocketTEXT RECOMMENDATION that the Court deny #14 Motion to Set Aside Judgment. Notwithstanding its title, because #14 Motion attacks #12 Order and because the terms of #12 Order (adopting #7 Recommendation) do not make the partial dismissal of Defendants and claims therein into a final (appealable) judgment under Federal Rule of Civil Procedure 54(b), #12 Order "may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities," Fed. R. Civ. P. 54(b). "[C]ourts have frequently looked to the standards under [Federal] Rule [of Civil Procedure] 59(e) for guidance in considering such motions. Specifically, courts have considered whether: (1) there has been an intervening change in controlling law; (2) there is additional evidence that was not previously available; or (3) the prior decision was based on clear error or would work manifest injustice.... [L]ike Rule 59(e) motions, Rule 54(b) motions should not be used to rehash arguments the [C]ourt has already considered or to raise new arguments or evidence that could have been raised previously." Williamson v. Prime Sports Marketing, LLC, No. 19CV593, 2021 WL 4193343, at *2 (M.D.N.C. Sept. 15, 2021) (unpublished) (internal brackets, citations, and quotation marks omitted). Nothing in #14 Motion or #15 Memorandum in Support of #14 Motion satisfies the foregoing standard; instead, those filings simply (and impermissibly) seek "to rehash arguments the court has already considered or to raise new arguments... that could have been raised previously," id. Finally, to the extent #14 Motion asks the Court "to allow Plaintiff to [a]mend [ #2 C]omplaint," neither #14 Motion nor #15 Memorandum show what amendments Plaintiff would make (let alone how those amendments would alter the conclusions in #12 Order and/or why he failed to propose them in #11 Objections to #7 Recommendation). Issued by MAG/JUDGE L. PATRICK AULD on 12/07/2021. (AULD, L.) (Entered: 12/07/2021)

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  • 12/07/2021
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  • DocketMotion Referred: RE: #14 MOTION to Set Aside Judgment, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 12/07/2021)

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  • 12/06/2021
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  • Docket(#15) MEMORANDUM filed by Plaintiff JOSEPH A. GIBSON, III re #14 MOTION to Set Aside Judgment filed by JOSEPH A. GIBSON, III. (Hicks, Samantha) (Entered: 12/06/2021)

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  • 12/06/2021
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  • Docket(#14) MOTION to Set Aside Judgment by JOSEPH A. GIBSON, III. Response to Motion due by 12/27/2021. (Hicks, Samantha) (Entered: 12/06/2021)

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  • 12/06/2021
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  • DocketTEXT ORDER denying #13 Motion to Appoint Counsel. Plaintiff lacks any right to appointment of counsel in this civil case. The Court lacks funds to pay counsel to represent Plaintiff. The record lacks a sufficient basis to find exceptional circumstances warranting the Court using its limited resources to attempt to locate counsel willing to represent Plaintiff without payment (including because the record lacks an adequate basis for the Court to find it apparent that Plaintiff, whatever challenges he may face, lacks the ability to adequately present any colorable claim he may possess). Issued by MAG/JUDGE L. PATRICK AULD on 12/06/2021. (AULD, L.) (Entered: 12/06/2021)

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  • 12/03/2021
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  • DocketMotion Referred: RE: #13 MOTION to Appoint Counsel, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 12/03/2021)

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  • 12/02/2021
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  • Docket(#13) MOTION to Appoint Counsel by JOSEPH A. GIBSON, III. Responses due by 12/16/2021. (Attachments: #1 Envelope - Front and Back) (Hicks, Samantha) (Entered: 12/02/2021)

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  • 11/19/2021
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  • Docket(#12) ORDER signed by JUDGE LORETTA C. BIGGS on 11/19/2021 adopting the Magistrate Judge's Recommendation #7 ; that Plaintiff's Motion for Preliminary Injunction and/or TRO, (ECF No. #3 ), is DENIED and that this action is DISMISSED under Section 1915(e)(2)(B) for failure to state a claim and/or due to judicial and/or prosecutorial immunity, except as to Plaintiff's individual-capacity claim against Defendant Lutz for excessive force (and without prejudice to Plaintiff's right to pursue individual-capacity claims for excessive force and/or deliberate indifference to serious medical needs against unnamed employees of the Rockingham County Detention Center if he later can identify them). (Sheets, Jamie) (Entered: 11/19/2021)

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  • 11/18/2021
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  • DocketCASE REFERRED RE: #7 RECOMMENDED RULING - MAGISTRATE JUDGE, to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 11/18/2021)

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5 More Docket Entries
  • 11/03/2021
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  • Docket(#7) MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 11/3/2021; that Plaintiff's Application (Docket Entry #1 ) is GRANTED. The Clerk shall send Plaintiff a summons form for Defendant Lutz, which Plaintiff shall properly complete (including with an address suitable for service) and shall return to the Clerk by November 17, 2021. If Plaintiff timely returns a properly completed summons form for Defendant Lutz, the Clerk shall issue said summons and shall forward it (along with all necessary service of process materials and a copy of this Recommendation) to the United States Marshals Service, which shall effect service of process. Failure by Plaintiff to comply with this Order shall result in the dismissal of this action. RECOMMENDED that the Court deny the instant Motion (Docket Entry #3 ) and dismiss this action under Section 1915(e)(2)(B), for failure to state a claim and/or due to judicial and/or prosecutorial immunity, except as to Plaintiff's individual-capacity claim against Defendant Lutz for excessive force (and without prejudice to Plaintiff's right to pursue individual-capacity claims for excessive force and/or deliberate indifference to serious medical needs against unnamed employees of the Rockingham County Detention Center, if he later can identify them). (Sheets, Jamie) (Entered: 11/03/2021)

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  • 10/15/2021
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  • DocketMotions Referred to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (Sheets, Jamie) (Entered: 10/15/2021)

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  • 10/14/2021
  • DocketCase ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Sheets, Jamie) (Entered: 10/14/2021)

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  • 10/14/2021
  • DocketNOTICE of Related Case(s) 1:21CV756. (Sheets, Jamie) (Entered: 10/14/2021)

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  • 10/12/2021
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  • Docket(#6) CIVIL COVER SHEET. (Sheets, Jamie) (Entered: 10/12/2021)

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  • 10/12/2021
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  • Docket(#5) NOTICE of Self-Representation by JOSEPH A. GIBSON, III. (Sheets, Jamie) (Entered: 10/12/2021)

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  • 10/12/2021
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  • Docket(#4) MEMORANDUM in Support filed by Plaintiff JOSEPH A. GIBSON, III re #3 MOTION for Preliminary Injunction. (Attachments: #1 Pictures) (Sheets, Jamie) (Entered: 10/12/2021)

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  • 10/12/2021
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  • Docket(#3) MOTION for Preliminary Injunction and/or TRO by JOSEPH A. GIBSON, III. Response to Motion due by 11/2/2021. (Sheets, Jamie) (Entered: 10/12/2021)

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  • 10/12/2021
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  • Docket(#2) COMPLAINT against All Defendants, filed by JOSEPH A. GIBSON, III. (Attachments: #1 Exhibit) (Sheets, Jamie) (Entered: 10/12/2021)

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  • 10/12/2021
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  • Docket(#1) APPLICATION to Proceed IFP by JOSEPH A. GIBSON, III. (Sheets, Jamie) (Entered: 10/12/2021)

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