This case was last updated from PACER on 02/03/2020 at 08:26:21 (UTC).

LaLone v. Wilson

Case Summary

On 12/05/2019 LaLone filed a Prisoner - Civil Right lawsuit against Wilson. This case was filed in U.S. District Courts, South Carolina District. The Judges overseeing this case are Mary Gordon Baker and Henry M Herlong, Jr. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:19-CV-03396

  • Filing Date:

    12/05/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    South Carolina District

Judge Details

Referral Judge

Mary Gordon Baker

Presiding Judge

Henry M Herlong, Jr

 

Party Details

Plaintiff

Jesse Vernon LaLone

Georgetown, SC 29440

Defendant

Kia Wilson

Attorney/Law Firm Details

Defendant Attorneys

James Matthew Johnson

Attorney at Chandler and Dudgeon

Po Box 547

Charleston, SC 29402

J W Nelson Chandler

Attorney at Chandler and Dudgeon

Po Box 547

Charleston, SC 29402

 

Court Documents

#24

(#24) REPORT AND RECOMMENDATION of Magistrate Judge Mary Gordon Baker. It is recommended that #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM be granted in part and denied in part. Specifically, the undersigned recommends the Court dismiss Plaintiff's claim for federal constitutional violations and remand the remaining state law claims to Horry County. Objections to R&R due by 2/7/2020. 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. Signed by Magistrate Judge Mary Gordon Baker on 01/24/2020. (hada, ) (Entered: 01/27/2020)

#23

(#23) REPLY to Response to Motion re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Kia Wilson. (Chandler, J W) (Entered: 01/23/2020)

22 #1

Envelope

#22

(#22) RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Response filed by Jesse Vernon LaLone.Reply to Response to Motion due by 1/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(hada, ) (Entered: 01/17/2020)

21 #1

Exhibit A- State Court Order 2020.01.07

#21

(#21) SUPPLEMENT by Kia Wilson to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit A- State Court Order 2020.01.07)(Chandler, J W) (Entered: 01/10/2020)

17 #1

Envelope

#17

(#17) MOTION for Extension of Time to File Response/Reply as to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jesse Vernon LaLone. Response to Motion due by 1/21/2020. 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)Motions referred to Mary Gordon Baker.(hada, ) (Entered: 01/07/2020)

15 #1

Envelope

12 #1

Certificate of Service

#10

(#11) ***DOCUMENT MAILED #10 Order on Motion to Appoint Counsel placed in U.S. Mail from Charleston Clerks Office to Jesse Vernon LaLone HC11091723684 Georgetown County Detention Center 2394 Browns Ferry Road Georgetown, SC 29440 (hada, ) (Entered: 12/20/2019)

9 #1

Envelope

#9

(#10) ORDER denying #9 Motion to Appoint Counsel. Signed by Magistrate Judge Mary Gordon Baker on 12/20/2019.(hada, ) (Entered: 12/20/2019)

#7

(#8) ***DOCUMENT MAILED #7 Roseboro Order, placed in U.S. Mail from Charleston Clerks Office to Jesse Vernon LaLone HC11091723684 Georgetown County Detention Center 2394 Browns Ferry Road Georgetown, SC 29440 (hada, ) (Entered: 12/12/2019)

#6

(#17) MOTION for Extension of Time to File Response/Reply as to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jesse Vernon LaLone. Response to Motion due by 1/21/2020. 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)Motions referred to Mary Gordon Baker.(hada, ) (Entered: 01/07/2020)

#4

(#5) ***DOCUMENT MAILED #4 Order, placed in U.S. Mail from Charleston Clerks Office to Jesse Vernon LaLone HC11091723684 Georgetown County Detention Center 2394 Browns Ferry Road Georgetown, SC 29440 (hada, ) (Entered: 12/10/2019)

1 #1

State Court Documents

#1

(#1) NOTICE OF REMOVAL from Court of Common Pleas for Horry County, case number 2019-CP-26-06383. (Filing fee $ 400 receipt number 0420-8811024), filed by Kia Wilson. (Attachments: #1 State Court Documents)(hada, ) (Main Document 1 replaced with correct date provided by filing user on 12/6/2019) (hada, ). (Entered: 12/06/2019)

19 More Documents Available

 

Docket Entries

  • 01/27/2020
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  • Docket(#25) ***DOCUMENT MAILED #24 REPORT AND RECOMMENDATION placed in U.S. Mail from Charleston Clerks Office to Jesse Vernon LaLone HC11091723684 Georgetown County Detention Center 2394 Browns Ferry Road Georgetown, SC 29440 (hada, ) (Entered: 01/27/2020)

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  • 01/24/2020
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  • Docket(#24) REPORT AND RECOMMENDATION of Magistrate Judge Mary Gordon Baker. It is recommended that #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM be granted in part and denied in part. Specifically, the undersigned recommends the Court dismiss Plaintiff's claim for federal constitutional violations and remand the remaining state law claims to Horry County. Objections to R&R due by 2/7/2020. 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. Signed by Magistrate Judge Mary Gordon Baker on 01/24/2020. (hada, ) (Entered: 01/27/2020)

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  • 01/23/2020
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  • Docket(#23) REPLY to Response to Motion re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Kia Wilson. (Chandler, J W) (Entered: 01/23/2020)

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  • 01/16/2020
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  • Docket(#22) RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Response filed by Jesse Vernon LaLone.Reply to Response to Motion due by 1/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(hada, ) (Entered: 01/17/2020)

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  • 01/10/2020
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  • Docket(#21) SUPPLEMENT by Kia Wilson to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit A- State Court Order 2020.01.07)(Chandler, J W) (Entered: 01/10/2020)

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  • 01/10/2020
  • Docket(#20) ***DOCUMENT MAILED 19 Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail from Charleston Clerks Office to Jesse Vernon LaLone HC11091723684 Georgetown County Detention Center 2394 Browns Ferry Road Georgetown, SC 29440 (hada, ) (Entered: 01/10/2020)

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  • 01/10/2020
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  • Docket(#19) TEXT ORDER granting #17 Plaintiff's Motion for Extension of Time to File Response/Reply. Plaintiff, a detainee at the Georgetown County Detention Center, seeks an extension to respond to the pending #6 Motion to Dismiss. He bases this request on allegations that the Georgetown County Detention Center: (1) lacks a law library; (2) refuses to make copies for Plaintiff to provide evidence of the many formal complaints against the Defendant; and (3) does not provide Plaintiff paper or postage. The Fourth Circuit Court of Appeals has ruled that the Constitution does not require that every local jail facility have a law library. Magee v. Waters, 810 F.2d 451, 45253 (4th Cir. 1987). Further, [n]umerous courts have rejected any constitutional right to free and unlimited photocopying. Sands v. Lewis, 886 F.2d 1166, 1169 (9th Cir. 1989). There is no reason Plaintiff would need to provide the Court with copies of any evidence at this stage in the proceedings. Also, despite Plaintiffs allegations of lack of paper and postage, he has been able to file multiple motions in this case. (Dkt. Nos. 9; 15.) Accordingly, the Court finds Plaintiffs reasons for needing an extension to be without merit. Nevertheless, the Court extends Plaintiffs time to respond to the pending #6 Motion to Dismiss to January 31, 2020. Absent extraordinary circumstances, no further extensions will be granted. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 1/10/20.(akob, ) (Entered: 01/10/2020)

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  • 01/08/2020
  • Docket(#18) ***DOCUMENT MAILED 16 Order placed in U.S. Mail from Charleston Clerks Office to Jesse Vernon LaLone HC11091723684 Georgetown County Detention Center 2394 Browns Ferry Road Georgetown, SC 29440 (hada, ) (Entered: 01/08/2020)

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  • 01/07/2020
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  • Docket(#17) MOTION for Extension of Time to File Response/Reply as to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jesse Vernon LaLone. Response to Motion due by 1/21/2020. 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)Motions referred to Mary Gordon Baker.(hada, ) (Entered: 01/07/2020)

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  • 01/06/2020
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  • Docket(#16) TEXT ORDER DENYING #15 Appeal of Magistrate Judge Decision to District Court filed by Jesse Vernon LaLone. Entered at the direction of Honorable Henry M Herlong, Jr on 1/6/2020. (sfla) (Entered: 01/06/2020)

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3 More Docket Entries
  • 12/23/2019
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  • Docket(#12) AFFIDAVIT by Jesse Vernon LaLone. (Attachments: #1 Certificate of Service, #2 Envelope) (egra, ) (Entered: 12/23/2019)

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  • 12/20/2019
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  • Docket(#11) ***DOCUMENT MAILED #10 Order on Motion to Appoint Counsel placed in U.S. Mail from Charleston Clerks Office to Jesse Vernon LaLone HC11091723684 Georgetown County Detention Center 2394 Browns Ferry Road Georgetown, SC 29440 (hada, ) (Entered: 12/20/2019)

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  • 12/20/2019
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  • Docket(#10) ORDER denying #9 Motion to Appoint Counsel. Signed by Magistrate Judge Mary Gordon Baker on 12/20/2019.(hada, ) (Entered: 12/20/2019)

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  • 12/18/2019
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  • Docket(#9) MOTION to Appoint Counsel by Jesse Vernon LaLone. Response to Motion due by 1/2/2020. 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)Motions referred to Mary Gordon Baker.(hada, ) (Entered: 12/18/2019)

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  • 12/12/2019
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  • Docket(#8) ***DOCUMENT MAILED #7 Roseboro Order, placed in U.S. Mail from Charleston Clerks Office to Jesse Vernon LaLone HC11091723684 Georgetown County Detention Center 2394 Browns Ferry Road Georgetown, SC 29440 (hada, ) (Entered: 12/12/2019)

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  • 12/12/2019
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  • Docket(#7) 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 #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by 1/13/2020. 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. Signed by Magistrate Judge Mary Gordon Baker on 12/12/2019. (hada, ) (Entered: 12/12/2019)

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  • 12/11/2019
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  • Docket(#6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kia Wilson. Response to Motion due by 12/27/2019. 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. No proposed order.Motions referred to Mary Gordon Baker.(Chandler, J W) Modified to add link to #21 Supplement on 1/13/2020 (hada, ). (Entered: 12/11/2019)

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  • 12/10/2019
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  • Docket(#5) ***DOCUMENT MAILED #4 Order, placed in U.S. Mail from Charleston Clerks Office to Jesse Vernon LaLone HC11091723684 Georgetown County Detention Center 2394 Browns Ferry Road Georgetown, SC 29440 (hada, ) (Entered: 12/10/2019)

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  • 12/10/2019
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  • Docket(#4) ORDER. Any future filings in this case must be sent to the Clerk of Court, Post Office Box 835, Charleston, South Carolina 29402. You are ordered to always keep the Clerk of Court advised in writing if your address changes for any reason. Your your case may be dismissed for violating this Order. Signed by Magistrate Judge Mary Gordon Baker on 12/10/2019. (hada, ) (Entered: 12/10/2019)

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  • 12/05/2019
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  • Docket(#1) NOTICE OF REMOVAL from Court of Common Pleas for Horry County, case number 2019-CP-26-06383. (Filing fee $ 400 receipt number 0420-8811024), filed by Kia Wilson. (Attachments: #1 State Court Documents)(hada, ) (Main Document 1 replaced with correct date provided by filing user on 12/6/2019) (hada, ). (Entered: 12/06/2019)

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