Case: Incumaa v. Stirling

Incumaa v. Byars

Incumaa v. Byars

Incumaa v. Byars

Incumaa v. Byars

U.S. Court of Appeals for the Fourth Circuit

COMPLAINT against William R Byars, Jr, filed by Lumumba K Incumaa. (Attachments: # 1 Inmate Grievance Forms, # 2 Envelope)(cwhi, ) (Entered: 12/13/2012)

MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Lumumba K Incumaa. Motions referred to Bristow Marchant.(cwhi, ) (Entered: 12/13/2012)

TRUE DIVISION FOR TRIAL: Charleston. (cwhi, ) (Entered: 12/13/2012)

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. Plaintiff is also directed to notify the clerk in writing of any change of address. Signed by Magistrate Judge Bristow Marchant on 1/8/2013. (cwhi, ) (Entered: 01/09/2013)

REFERENCE 8 ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Bristow Marchant on 1/8/2013.(cwhi, ) (Entered: 01/09/2013)

Summons Issued as to William R Byars, Jr. (cwhi, ) (Entered: 01/09/2013)

***DOCUMENT MAILED 8 Order 1983, placed in U.S. Mail to Lumumba K Incumaa. (cwhi, ) (Entered: 01/09/2013)

SUMMONS Returned Executed by Lumumba K Incumaa. William R Byars, Jr served on 2/1/2013, answer due 2/22/2013. (cwhi, ) (Entered: 02/13/2013)

MOTION for Extension of Time to File Answer re 1 Complaint by William R Byars, Jr. Response to Motion due by 3/11/2013. (Attachments: # 1 Affidavit of Andrew F. Lindemann, # 2 Certificate of Service)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Bristow Marchant.(Lindemann, Andrew) (Entered: 02/21/2013)

ORDER granting 13 Motion for Extension of Time to Answer. William R Byars, Jr answer due 3/15/2013. Signed by Magistrate Judge Bristow Marchant on 2/22/2013.(cwhi, ) (Entered: 02/22/2013)

***DOCUMENT MAILED 14 Order on Motion for Extension of Time to Answer placed in U.S. Mail to Lumumba K Incumaa. (cwhi, ) (Entered: 02/22/2013)

ANSWER to 1 Complaint by William R Byars, Jr. (Attachments: # 1 Certificate of Service)(Lindemann, Andrew) (Entered: 03/15/2013)

MOTION for Extension of Time to Serve Responses to Plaintiff's Interrogatories and Requests for Production by William R Byars, Jr. Response to Motion due by 5/13/2013. (Attachments: # 1 Certificate of Service)No proposed order.Motions referred to Bristow Marchant.(Lindemann, Andrew) (Entered: 04/23/2013)

TEXT ORDER granting 18 Motion for Extension of Time to Serve Responses to Plaintiff's Interogatories and Requests for Production. Responses due by May 23, 2013. Signed by Magistrate Judge Bristow Marchant on 04/24/2013.(elac, ) (Entered: 04/24/2013)

***DOCUMENT MAILED 19 Order on Motion for Extension of Time, placed in U.S. Mail to Lumumba Incumaa. (elac, ) (Entered: 04/24/2013)

DECLARATION by Lumumba K Incumaa. (Attachments: # 1 Affidavit, # 2 Exhibit A-D, # 3 Envelope and Cover Letter)(cwhi, ) (Entered: 05/21/2013)

Letter from Lumumba K. Incumaa. Document referenced in this letter was received on the same date. Docketed copy of the document has been mailed to the plaintiff. (Attachments: # 1 Envelope)(cwhi, ) (Entered: 05/21/2013)

ORDER that the parties shall have twenty (20) days from the entry date of this Order to file dispositive motions. In the event neither party files a dispositive motion, the file will be forwarded to a United States District Judge for trial. Signed by Magistrate Judge Bristow Marchant on 6/26/2013. (cwhi, ) (Entered: 06/26/2013)

***DOCUMENT MAILED 23 Order, placed in U.S. Mail to Lumumba K Incumaa. (cwhi, ) (Entered: 06/26/2013)

MOTION for Summary Judgment by William R Byars, Jr. Response to Motion due by 8/2/2013. (Attachments: # 1 Memo in Support, # 2 Affidavit of Elbert Pearson, # 3 Affidavit of Sandra Bowie, # 4 Affidavit of Michael Stobbe, # 5 Certificate of Service)No proposed order.Motions referred to Bristow Marchant.(Lindemann, Andrew) (Entered: 07/16/2013)

ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 25 MOTION for Summary Judgment by 8/22/2013. Signed by Magistrate Judge Bristow Marchant on 7/18/2013. (cwhi, ) (Entered: 07/18/2013)

***DOCUMENT MAILED 26 Roseboro Order, placed in U.S. Mail to Lumumba K Incumaa. (cwhi, ) (Entered: 07/18/2013)

RESPONSE in Opposition re 25 MOTION for Summary Judgment Response filed by Lumumba K Incumaa.Reply to Response to Motion due by 8/15/2013. (Attachments: # 1 Affidavit, # 2 Exhibit 1 - 3, # 3 Certificate of Service, # 4 Envelope)(cwhi, ) (Entered: 08/05/2013)

MOTION for Extension of Time to File Response/Reply as to 28 Response in Opposition to Motion, by William R Byars, Jr. Response to Motion due by 9/3/2013. (Attachments: # 1 Affidavit of Andrew F. Lindemann, # 2 Certificate of Service)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Bristow Marchant.(Lindemann, Andrew) (Entered: 08/15/2013)

ORDER granting 30 Motion for Extension of Time to File Response/Reply. The Defendant's deadline to file a Reply to the Plaintiffs Response to the Defendant's Motion for Summary Judgment is extended to August 30, 2013. Signed by Magistrate Judge Bristow Marchant on 8/19/2013.(cwhi, ) (Entered: 08/19/2013)

***DOCUMENT MAILED 31 Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to Lumumba K Incumaa. (cwhi, ) (Entered: 08/19/2013)

Letter from Lumumba K Incumaa. (Attachments: # 1 Envelope)(cwhi, ) (Entered: 08/22/2013)

REPLY to Response to Motion re 25 MOTION for Summary Judgment Response filed by William R Byars, Jr. (Attachments: # 1 Supplemental Affidavit of Elbert Pearson, # 2 Certificate of Service)(Lindemann, Andrew) (Entered: 08/31/2013)

DECLARATION by Lumumba K Incumaa. (Attachments: # 1 Cover Letter and Envelope)(cwhi, ) (Entered: 09/11/2013)

REPORT AND RECOMMENDATION of Magistrate Judge Bristow Marchant. It is recommended that the Defendants motion for summary judgment be granted, and that this case be dismissed. Objections to R&R due by 10/11/2013. Signed by Magistrate Judge Bristow Marchant on 9/24/2013. (cwhi, ) (Entered: 09/24/2013)

***DOCUMENT MAILED 37 REPORT AND RECOMMENDATION re 25 MOTION for Summary Judgment filed by William R Byars, Jr placed in U.S. Mail to Lumumba K Incumaa. (cwhi, ) (Entered: 09/24/2013)

OBJECTION to 37 Report and Recommendation by Lumumba K Incumaa. Reply to Objections due by 10/21/2013. (Attachments: # 1 Envelope)(cwhi, ) (Entered: 10/02/2013)

Case Reassigned to Judge Honorable David C Norton. Judge Honorable Cameron McGowan Currie no longer assigned to the case. (suro, ) (Entered: 10/09/2013)

***DOCUMENT MAILED 41 Case Reassigned placed in U.S. Mail to Lumumba K Incumaa (suro, ) (Entered: 10/09/2013)

ORDER requesting additional briefing re 25 MOTION for Summary Judgment filed by William R Byars, Jr Signed by Honorable David C Norton on 1/28/2014. (cahe, ) (Entered: 01/28/2014)

***DOCUMENT MAILED 44 Order placed in U.S. Mail to Lumumba K Incumaa. (cwhi, ) (Entered: 01/31/2014)

SUPPLEMENT by William R Byars, Jr to 25 MOTION for Summary Judgment (Supplemental Memorandum requested by Court Order). (Attachments: # 1 Affidavit of Robert E. Ward, # 2 Certificate of Service)(Lindemann, Andrew) (Entered: 02/27/2014)

REPLY by Lumumba K Incumaa to 46 Supplement. (Attachments: # 1 Envelope and Cover Letter)(cwhi, ) (Entered: 03/10/2014)

ORDER granting 25 Motion for Summary Judgment; adopting Report and Recommendations re 37 Report and Recommendation. Signed by Honorable David C Norton on 3/11/2014.(cahe, ) (Main Document 48 replaced on 3/11/2014) (jbry, ). Modified on 3/11/2014 to replace with corrected document per chambers (jbry, ). (Entered: 03/11/2014)

JUDGMENT The Report and Recommendation of Magistrate Judge Marchant is accepted. The Defendant's Motion for Summary Judgment is granted. (jbry, ) (Entered: 03/11/2014)

***DOCUMENT MAILED 48 Order on Motion for Summary Judgment, Order on Report and Recommendation,, 49 Judgment placed in U.S. Mail to Lumumba K Incumaa (jbry, ) (Entered: 03/11/2014)

NOTICE OF APPEAL as to 48 Order on Motion for Summary Judgment, Order on Report and Recommendation,, by Lumumba K Incumaa. - The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Attachments: # 1 Cover Letter and Envelope)(cwhi, ) (Entered: 03/18/2014)

Transmittal Sheet for Notice of Appeal to USCA re 51 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (cwhi, ) (Entered: 03/18/2014)

***DOCUMENT MAILED 52 Transmittal Sheet for Notice of Appeal to USCA, placed in U.S. Mail to Lumumba K Incumaa. (cwhi, ) (Entered: 03/18/2014)

ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re 51 Notice of Appeal, Electronic record successfully transmitted. (cwhi, ) (Entered: 03/18/2014)

ORDER of USCA as to 51 Notice of Appeal, filed by Lumumba K Incumaa (jbry, ) (Entered: 04/03/2014)

ORDER of USCA re appoint of counsel as to 51 Notice of Appeal, filed by Lumumba K Incumaa. (cwhi, ) (Entered: 10/20/2014)

USCA OPINION for 51 Notice of Appeal, filed by Lumumba K Incumaa. Decision of Appeals Court Affirming in part, reversing in part, and remanding for further proceedings Decision of District Court. (jbry, ) (Entered: 07/01/2015)

ORDER of USCA as to 51 Notice of Appeal, filed by Lumumba K Incumaa. The Court amends its opinion filed July 1, 2015. The amended opinion, issued July 7, 2015, supersedes the opinion filed July 1, 2015. (jbry, ) (Entered: 07/07/2015)

AMENDED USCA OPINION for 51 Notice of Appeal, filed by Lumumba K Incumaa. Decision of Appeals Court affirming in part, reversing in part, and remanding for further proceedings the Decision of District Court. (jbry, ) (Entered: 07/07/2015)

USCA MANDATE and Judgment as to 51 Notice of Appeal, filed by Lumumba K Incumaa (Attachments: # 1 Judgment)(jbry, ) (Entered: 07/23/2015)

NOTICE of Appearance by Elizabeth Anne Franklin-Best on behalf of Lumumba K Incumaa (Franklin-Best, Elizabeth) (Entered: 11/24/2015)

MOTION to Appear Pro Hac Vice by Erin Camille Johnston ( Filing fee $ 250 receipt number 0420-6277875) by Lumumba K Incumaa. Response to Motion due by 12/11/2015. (Attachments: # 1 Supporting Documents Motion in Support of Pro Hac, Erin Johnston)Proposed order is being emailed to chambers with copy to opposing counsel.(Franklin-Best, Elizabeth) (Entered: 11/24/2015)

ORDER granting 64 Motion by Erin Camille Johnston to Appear Pro Hac Vice. Signed by Honorable David C Norton on 12/2/2015.(jbry, ) (Entered: 12/02/2015)

NOTICE of Change of Address by Lumumba K Incumaa. Address updated in ECF this date. (Attachments: # 1 Envelope)(cwhi, ) (Entered: 12/03/2015)

NOTICE of Hearing: Status Conference set for Wednesday, 6/13/2018 at 11:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) (Entered: 05/29/2018)

Letter from Lumumba K Incumaa. (Attachments: # 1 Envelope)(cwhi, ) (Entered: 06/11/2018)

STIPULATION of Dismissal Without Prejudice by Bryan P Stirling. (Lindemann, Andrew) (Entered: 06/11/2018)

NOTICE of Cancellation of Hearing: Status Conference set for Wednesday, 6/13/2018 at 11:00 AM (jbry, ) (Entered: 06/12/2018)