Case: Northcutt v. South Carolina Department of Corrections

Northcutt et al. v. South Carolina Department of Corrections et al.

Northcutt et al. v. South Carolina Department of Corrections et al.

COMPLAINT against Joel Anderson, James Bryant, Luzenski Cottrell, Taylor Cross, Willie D. Davis, William Dickerson, Jr, Ron Finklea, Jana Hollis, Jerry Inman, Joseph McFadden, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, South Carolina Department of Corrections, Stephen Stanko, Norman Starnes, Bryan P. Stirling, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Randall Williams, Louis Winkler (Filing fee $400 receipt number 0420-7499889), filed by Bayan Aleksey. Service due by 3/7/2018. (Attachments: # 1 SCDC Policy)(dsto, ) (Entered: 12/08/2017)

1 SCDC Policy

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Local Rule 26.01 Answers to Interrogatories by Bayan Aleksey.(dsto, ) (Entered: 12/08/2017)

Summons Issued as to Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams. Service due by 3/7/2018.(dsto, ) (Entered: 12/08/2017)

MOTION for Preliminary Injunction by Bayan Aleksey, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler. Response to Motion due by 1/5/2018. 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 Exhibit SCDC Policy 22.16: Death Row, # 2 Exhibit SCDC Policy 22.38: Restricted Housing Unit)No proposed order.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 12/22/2017)

1 Exhibit SCDC Policy 22.16: Death Row

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2 Exhibit SCDC Policy 22.38: Restricted Housing Unit

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NOTICE of Appearance by Daniel R Settana, Jr on behalf of Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams (Settana, Daniel) (Entered: 01/04/2018)

NOTICE of Appearance by Janet Brooks Holmes on behalf of Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams (Holmes, Janet) (Entered: 01/04/2018)

Consent MOTION for Extension of Time to File Response/Reply as to 6 MOTION for Preliminary Injunction by Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams. Response to Motion due by 1/18/2018. 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 Proposed Order granting Consent Motion for Extension of Time)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Holmes, Janet) (Entered: 01/04/2018)

1 Proposed Order granting Consent Motion for Extension of Time

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TEXT ORDER granting 9 Motion for Extension of Time to File Response to 6 MOTION for Preliminary Injunction. Response to Motion is now due up to and including January 19, 2018. Signed by Magistrate Judge Thomas E Rogers, III on 01/09/2018.(dsto, ) (Entered: 01/09/2018)

Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams. Response to Motion due by 1/25/2018. 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 Thomas E Rogers, III.(Holmes, Janet) (Entered: 01/11/2018)

TEXT ORDER granting 11 Motion for Extension of Time to Answer. The Answer is now due February 2, 2018 for all defendants. Signed by Magistrate Judge Thomas E Rogers, III on 01/18/2018.(dsto, ) (Entered: 01/18/2018)

RESPONSE in Opposition re 6 MOTION for Preliminary Injunction Response filed by Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams.Reply to Response to Motion due by 1/26/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Affidavit of Dennis Patterson, SCDC Assistant Deputy Director, Office of the Deputy Director for Operations)(Holmes, Janet) (Entered: 01/19/2018)

1 Affidavit of Dennis Patterson, SCDC Assistant Deputy Director, Office of the Dep

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DELETION OF DOCKET ENTRY NUMBER Entry #15 Reason: filed in duplicate by attorney (dsto, ) (Entered: 01/22/2018)

REPLY to Response to Motion re 6 MOTION for Preliminary Injunction Response filed by Bayan Aleksey, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler. (Jophlin, Aaron) (Entered: 01/26/2018)

MOTION to Appear Pro Hac Vice by Brian R. Richichi ( Filing fee $ 250 receipt number 0420-7578742) by Bayan Aleksey, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler. Response to Motion due by 2/9/2018. 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 Supporting Documents Pro Hac Application, # 2 Supporting Documents Certificate of Good Standing, # 3 Proposed Order)No proposed order.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 01/26/2018)

1 Supporting Documents Pro Hac Application

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2 Supporting Documents Certificate of Good Standing

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3 Proposed Order

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TEXT ORDER granting 17 Motion to Appear Pro Hac Vice for Brian R. Richichi. Signed by Magistrate Judge Thomas E Rogers, III on 02/02/2018.(dsto, ) (Entered: 02/02/2018)

ANSWER to 1 Complaint,, by Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams.(Holmes, Janet) (Entered: 02/02/2018)

CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 3/13/2018, 26(a) Initial Disclosures due by 3/27/2018, Rule 26 Report due by 3/27/2018, Motions to Amend Pleadings due by 4/17/2018, Plaintiffs ID of Expert Witness due by 5/17/2018, Defendants ID of Expert Witnesses Due by 6/18/2018, Records Custodian Affidavit due by 6/18/2018, Discovery due by 8/16/2018, Motions due by 9/17/2018, Jury Selection Deadline 12/17/2018, Mediation Due by 8/16/2018. Signed by Magistrate Judge Thomas E Rogers, III on 02/20/2018. (dsto, ) (Entered: 02/20/2018)

NOTICE of Appearance by Melissa J Arnold on behalf of Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams (Arnold, Melissa) (Entered: 03/20/2018)

Local Rule 26.03 Answers to Interrogatories by Bayan Aleksey, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler.(Jophlin, Aaron) (Entered: 03/27/2018)

Defendants' Local Rule 26.03 Answers to Interrogatories by Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams.(Settana, Daniel) (Entered: 03/27/2018)

Rule 26(f) Report by Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams.(Settana, Daniel) Modified on 3/27/2018 to delete attachments. (dsto) (Entered: 03/27/2018)

AMENDED CONFERENCE AND SCHEDULING ORDER: Motions to Amend Pleadings due by 4/17/2018, Plaintiffs ID of Expert Witness due by 7/19/2018, Defendants ID of Expert Witnesses Due by 9/17/2018, Records Custodian Affidavit due by 9/17/2018, Discovery due by 11/16/2018, Motions due by 12/17/2018, Jury Selection Deadline 1/17/2019, Mediation Due by 11/16/2018. Signed by Magistrate Judge Thomas E Rogers, III on 03/29/2018. (dsto, ) (Entered: 03/29/2018)

AMENDED COMPLAINT against All Defendants, filed by Marion Bowman, Gary Terry, Luzenski Cottrell, Norman Starnes, Brad Sigmon, Clinton Northcutt, Richard Moore, Bobby Stone, Jerry Inman, Sammie Stokes, Louis Winkler, Bayan Aleksey, Taylor Cross, William Dickerson, Jr, Ron Finklea, James Robertson, John Weik, Stephen Stanko, James Bryant. Service due by 7/16/2018 (Attachments: # 1 Exhibit SCDC Policy OP-22-16: Death Row) (Jophlin, Aaron) Modified on 4/17/2018 to correct filing date. (dsto) (Entered: 04/17/2018)

1 Exhibit SCDC Policy OP-22-16: Death Row

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DELETION OF DOCKET ENTRY NUMBER Entry #29 Reason: to correct filing error. Corrected Filing Document Number 30 . (dsto, ) (Entered: 04/17/2018)

ANSWER to 30 Amended Complaint,, by Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams.(Holmes, Janet) (Entered: 04/30/2018)

Joint MOTION to Amend/Correct 21 Scheduling Order,, by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler. Response to Motion due by 6/15/2018. 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 Proposed Order Proposed Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 06/01/2018)

1 Proposed Order Proposed Amended Scheduling Order

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MOTION to Take Deposition from Northcutt, Aleskey, Bowman, Bryant, Cottrell, Cross, Dickerson, Finklea, Inman, Moore, Robertson, Sigmon, Stanko, Starnes, Stokes, Stone, Terry, Weik, Winkler by Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams. Response to Motion due by 6/20/2018. 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 Thomas E Rogers, III.(Arnold, Melissa) (Entered: 06/06/2018)

ORDER granting 35 Motion to Take Deposition. Signed by Magistrate Judge Thomas E Rogers, III on 06/15/2018.(dsto, ) (Entered: 06/15/2018)

TEXT ORDER granting 34 Motion to Amend/Correct. Signed by Magistrate Judge Thomas E Rogers, III on 06/15/2018.(dsto, ) (Entered: 06/15/2018)

AMENDED SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 11/16/2018, Defendants ID of Expert Witnesses Due by 1/15/2019, Records Custodian Affidavit due by 1/15/2019, Discovery due by 3/18/2019, Motions due by 4/17/2019, Jury Selection Deadline 5/20/2019, Mediation Due by 3/18/2019. Signed by Magistrate Judge Thomas E Rogers, III on 06/15/2018. (dsto, ) (Entered: 06/15/2018)

NOTICE of Appearance by Patrick John Frawley on behalf of Joseph McFadden (Frawley, Patrick) (Entered: 06/20/2018)

NOTICE of Appearance by Evan Markus Gessner on behalf of Joseph McFadden (Gessner, Evan) (Entered: 06/20/2018)

Consent MOTION to Substitute Attorney by Joel Anderson, Willie D. Davis, Jana Hollis, Joseph McFadden, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams. Response to Motion due by 7/5/2018. 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 Thomas E Rogers, III.(Arnold, Melissa) (Entered: 06/21/2018)

REPORT AND RECOMMENDATION recommending that Plaintiffs' Motion for Preliminary Injunction (ECF No. 6 ) be denied. Signed by Magistrate Judge Thomas E Rogers, III on 06/26/2018. (Attachments: # 1 Notice of Right to File Objections)(dsto, ) (Entered: 06/26/2018)

1 Notice of Right to File Objections

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TEXT ORDER granting 41 Motion to Substitute Attorney. Signed by Magistrate Judge Thomas E Rogers, III on 06/26/2018.(dsto, ) (Entered: 06/26/2018)

MOTION to Appear Pro Hac Vice by Laura Ferguson ( Filing fee $ 250 receipt number 0420-7885762) by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler. Response to Motion due by 7/27/2018. 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 Supporting Documents Ferguson Pro Hac Vice Application, # 2 Supporting Documents Ferguson Certificate of Good Standing, # 3 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 07/13/2018)

1 Supporting Documents Ferguson Pro Hac Vice Application

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2 Supporting Documents Ferguson Certificate of Good Standing

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3 Proposed Order Proposed Order

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STIPULATION of Dismissal Without Prejudice of John Weik by John Weik. (Jophlin, Aaron) (Entered: 07/19/2018)

MOTION to Appear Pro Hac Vice by Kyle Druding ( Filing fee $ 250 receipt number 0420-7901144) by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, Louis Winkler. Response to Motion due by 8/6/2018. 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 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing) Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) Modified on 7/23/2018 to delete proposed order. (dsto) (Main Document 50 and Attachment 1 replaced on 7/24/2018 to correct filing errors) (dsto) (Entered: 07/23/2018)

1 Supporting Documents Pro Hac Vice Application

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2 Supporting Documents Certificate of Good Standing

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MOTION to Appear Pro Hac Vice by Nicole E. Schiavo ( Filing fee $ 250 receipt number 0420-7901244) by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, Louis Winkler. Response to Motion due by 8/6/2018. 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 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing) Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) Modified on 7/23/2018 to delete proposed order. (dsto) (Main Document 51 and Attachment 1 replaced on 7/24/2018 to correct filing errors) (dsto) (Entered: 07/23/2018)

1 Supporting Documents Pro Hac Vice Application

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2 Supporting Documents Certificate of Good Standing

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STIPULATION Joint Stipulation and Agreement re Confidential Materials signed by all parties by Joel Anderson, Willie D. Davis, Jana Hollis, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams. (Holmes, Janet) (Entered: 07/24/2018)

TEXT ORDER granting 45 Motion to Appear Pro Hac Vice; granting 50 Motion to Appear Pro Hac Vice; granting 51 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas E Rogers, III on 07/24/2018.(dsto, ) (Entered: 07/24/2018)

MOTION to Appear Pro Hac Vice by Pieter Van Tol ( Filing fee $ 250 receipt number 0420-7933735) by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, Louis Winkler. Response to Motion due by 8/22/2018. 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 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 08/08/2018)

1 Supporting Documents Pro Hac Vice Application

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2 Supporting Documents Certificate of Good Standing

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MOTION to Appear Pro Hac Vice by Darcy Hansen ( Filing fee $ 250 receipt number 0420-7933763) by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, Louis Winkler. Response to Motion due by 8/22/2018. 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 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 08/08/2018)

1 Supporting Documents Pro Hac Vice Application

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2 Supporting Documents Certificate of Good Standing

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MOTION to Appear Pro Hac Vice by Emily Goldman ( Filing fee $ 250 receipt number 0420-7933770) by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, Louis Winkler. Response to Motion due by 8/22/2018. 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 Supporting Documents Pro Hac Vice Application, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 08/08/2018)

1 Supporting Documents Pro Hac Vice Application

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2 Supporting Documents Certificate of Good Standing

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TEXT ORDER granting 57 Motion to Appear Pro Hac Vice; granting 58 Motion to Appear Pro Hac Vice; granting 59 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas E Rogers, III on 08/09/2018.(dsto, ) (Entered: 08/09/2018)

ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts the Magistrate Judge's Report (ECF No. 42 ) and denies Plaintiffs' Motion for Preliminary Injunction (ECF No. 6 ). IT IS SO ORDERED. Signed by Honorable Bruce Howe Hendricks on 08/09/2018. (dsto, ) (Entered: 08/09/2018)

STIPULATION of Dismissal Without Prejudice by Bobby Stone. (Jophlin, Aaron) (Entered: 08/16/2018)

MOTION to Withdraw as Attorney Laura Ferguson by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Gary Terry, Louis Winkler. Response to Motion due by 8/31/2018. 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 Exhibit Certificate of Service, # 2 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 08/17/2018)

1 Exhibit Certificate of Service

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2 Proposed Order Proposed Order

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TEXT ORDER granting 65 Motion to Withdraw as Attorney. Signed by Magistrate Judge Thomas E Rogers, III on 08/17/2018.(dsto, ) (Entered: 08/17/2018)

MOTION for Protective Order by Bobby Stone. Response to Motion due by 9/4/2018. 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 Supporting Documents Declaration of Aaron Jophlin, # 2 Exhibit 1 Martinez Request for Relief, # 3 Exhibit 2 Amended SC PCR Application, # 4 Exhibit 3 Supporting emails, # 5 Exhibit 4 Aug. 21, 2018 emails, # 6 Exhibit 5 Stone deposition notice)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Attachment 2 replaced on 8/22/2018 to correct filing error. (dsto) (Entered: 08/21/2018)

1 Supporting Documents Declaration of Aaron Jophlin

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2 Exhibit 1 Martinez Request for Relief

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3 Exhibit 2 Amended SC PCR Application

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4 Exhibit 3 Supporting emails

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5 Exhibit 4 Aug. 21, 2018 emails

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6 Exhibit 5 Stone deposition notice

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TEXT ORDER: Defendants are directed to file a response to the MOTION for Protective Order (ECF No. 68 ) by the close of business today, August 22, 2018. Signed by Magistrate Judge Thomas E Rogers, III on 08/22/2018. (dsto, ) (Entered: 08/22/2018)

RESPONSE in Opposition re 68 MOTION for Protective Order Response filed by Joseph McFadden.Reply to Response to Motion due by 8/29/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Gessner, Evan) (Entered: 08/22/2018)

RESPONSE in Opposition re 68 MOTION for Protective Order Response filed by Joel Anderson, Willie D. Davis, Jana Hollis, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams.Reply to Response to Motion due by 8/29/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit emails, # 2 Exhibit emails, # 3 Exhibit emails, # 4 Exhibit emails, # 5 Exhibit emails, # 6 Exhibit SC Sup Ct opinion Stone v State, # 7 Exhibit Stone Pet for Habeas, # 8 Exhibit Stone Martinez request plus its attachment, # 9 Exhibit Stone 6-5-18 PCR application state ct, # 10 Exhibit SC AG Motion to Dismiss, # 11 Exhibit Stone 7-26-18 Amended PCR application - State Ct)(Holmes, Janet) (Entered: 08/22/2018)

1 Exhibit emails

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2 Exhibit emails

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3 Exhibit emails

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4 Exhibit emails

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5 Exhibit emails

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6 Exhibit SC Sup Ct opinion Stone v State

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7 Exhibit Stone Pet for Habeas

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8 Exhibit Stone Martinez request plus its attachment

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9 Exhibit Stone 6-5-18 PCR application state ct

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10 Exhibit SC AG Motion to Dismiss

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11 Exhibit Stone 7-26-18 Amended PCR application - State Ct

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NOTICE of Appearance by Claude E Hardin, Jr on behalf of Joel Anderson, Willie D. Davis, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams (Hardin, Claude) Modified on 8/24/2018 to delete a filer at the request of filing attorney. (dsto) (Entered: 08/23/2018)

ORDER granting 68 Motion for Protective Order. Signed by Magistrate Judge Thomas E Rogers, III on 8/23/2018.(prou) (Entered: 08/23/2018)

MOTION to Withdraw as Attorney by Joel Anderson, Willie D. Davis, Jana Hollis, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams. Response to Motion due by 9/27/2018. 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 Thomas E Rogers, III..(Trask, Lauren) Modified on 9/17/2018 to correct event code.(dsto, ) (Entered: 09/17/2018)

TEXT ORDER granting 76 Motion to Withdraw as Attorney. Signed by Magistrate Judge Thomas E Rogers, III on 09/18/2018.(dsto, ) (Entered: 09/18/2018)

MOTION to Quash by Joel Anderson, Willie D. Davis, Jana Hollis, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams. Response to Motion due by 10/25/2018. 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 Exhibit Email Noticing Depositions, # 2 Exhibit Amended Notice of Rule 30(b)(6) depo)No proposed order.Motions referred to Thomas E Rogers, III.(Settana, Daniel) (Entered: 10/11/2018)

1 Exhibit Email Noticing Depositions

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2 Exhibit Amended Notice of Rule 30(b)(6) depo

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RESPONSE in Opposition re 80 MOTION to Quash Response filed by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Gary Terry, Louis Winkler.Reply to Response to Motion due by 11/1/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Jophlin, Aaron) (Entered: 10/25/2018)

REPLY to Response to Motion re 80 MOTION to Quash Response filed by Joel Anderson, Willie D. Davis, Jana Hollis, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams. (Attachments: # 1 Exhibit email to court on Monday 10.15.18)(Holmes, Janet) (Entered: 11/01/2018)

1 Exhibit email to court on Monday 10.15.18

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MOTION to Amend/Correct 38 Amended Scheduling Order by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Gary Terry, Louis Winkler. Response to Motion due by 11/16/2018. 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. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) Modified on 11/5/2018 to link correct event to associated event. (dsto) (Entered: 11/02/2018)

MOTION to Appear Pro Hac Vice by Marisa H. Lenok ( Filing fee $ 250 receipt number 0420-8346592) by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler. Response to Motion due by 4/8/2019. 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. (Attachments: # 1 Exhibit Lenok Application, # 2 Proposed Order Lenok Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 03/25/2019)

1 Exhibit Lenok Application

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2 Proposed Order Lenok Proposed Order

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MOTION to Appear Pro Hac Vice by Allison M. Wuertz ( Filing fee $ 250 receipt number 0420-8346678) by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler. Response to Motion due by 4/8/2019. 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. (Attachments: # 1 Exhibit Wuertz Application, # 2 Proposed Order Wuertz Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 03/25/2019)

1 Exhibit Wuertz Application

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2 Proposed Order Wuertz Proposed Order

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MOTION to Withdraw as Attorney Brian Richichi by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler. Response to Motion due by 4/12/2019. 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. (Attachments: # 1 March 3, 2019 Client Letter of Withdrawal, # 2 Exhibit A-Certificate of Mailing, # 3 Proposed Order Proposed Order of Withdrawal)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) Modified on 4/1/2019 to edit text. (dsto) (Entered: 03/29/2019)

1 March 3, 2019 Client Letter of Withdrawal

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2 Exhibit A-Certificate of Mailing

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3 Proposed Order Proposed Order of Withdrawal

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TEXT ORDER granting 89 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas E Rogers, III on 04/01/2019.(dsto, ) (Entered: 04/01/2019)

TEXT ORDER granting 90 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas E Rogers, III on 04/01/2019.(dsto, ) (Entered: 04/01/2019)

TEXT ORDER granting 91 Motion to Withdraw as Attorney. Signed by Magistrate Judge Thomas E Rogers, III on 04/01/2019.(dsto, ) (Entered: 04/01/2019)

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order ( Response to Motion due by 6/4/2019. 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. ) by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler. No proposed order.Motions referred to Thomas E Rogers, III. (Attachment(s): # 1 Declaration w/exhibits) (Jophlin, Aaron) (Entered: 05/21/2019)

1 Declaration w/exhibits

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RESPONSE in Opposition re 99 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Response filed by Joel Anderson, Willie D. Davis, Jana Hollis, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams.Reply to Response to Motion due by 6/11/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 6-3-19 email from Plaintiffs' counsel at 11:15 p.m., # 2 Exhibit 6-3-19 letter from Plaintiffs' counsel)(Holmes, Janet) (Entered: 06/04/2019)

1 Exhibit 6-3-19 email from Plaintiffs' counsel at 11:15 p.m.

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2 Exhibit 6-3-19 letter from Plaintiffs' counsel

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Withdrawal of Motions: 99 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Bayan Aleksey, Clinton Northcutt, Jerry Inman, Brad Sigmon, Ron Finklea, William Dickerson, Jr., James Robertson, Richard Moore, John Weik, Sammie Stokes, Marion Bowman, James Bryant, Louis Winkler, Luzenski Cottrell, Gary Terry, Norman Starnes, Bobby Stone, Stephen Stanko, Taylor Cross.. (Attachments: # 1 Exhibit Correspondence to Court updating Plaintiff's position, # 2 Exhibit Plaintiffs' Counsel correspondence to Defense Counsel)(Jophlin, Aaron) Modified on 6/6/2019 to correct filing date. (dsto) (Entered: 06/06/2019)

1 Exhibit Correspondence to Court updating Plaintiff's position

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2 Exhibit Plaintiffs' Counsel correspondence to Defense Counsel

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DELETION OF DOCKET ENTRY NUMBER Entry #101 Reason: to correct filing error. Corrected Filing Document Number 102 Withdrawal of Motions (dsto, ) (Entered: 06/06/2019)

TEXT ORDER finding as moot 80 Motion to Quash (as set forth in ECF No. 99 ); finding as moot 84 Motion to Amend/Correct. Signed by Magistrate Judge Thomas E Rogers, III on 09/18/2019.(dsto, ) (Entered: 09/18/2019)

MOTION to Withdraw as Attorney Emily Goldman by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler. Response to Motion due by 11/4/2019. 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. (Attachments: # 1 Exhibit October 18, 2019 Client Letter of Withdrawal, # 2 Exhibit Certificate of Mailing, # 3 Proposed Order Proposed Order of Withdrawal)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 10/21/2019)

1 Exhibit October 18, 2019 Client Letter of Withdrawal

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2 Exhibit Certificate of Mailing

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3 Proposed Order Proposed Order of Withdrawal

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TEXT ORDER granting 113 Motion to Withdraw as Attorney. Signed by Magistrate Judge Thomas E Rogers, III on 11/14/2019.(dsto, ) (Entered: 11/14/2019)

AMENDED SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 1/24/2020, Defendants ID of Expert Witnesses Due by 3/24/2020, Records Custodian Affidavit due by 3/24/2020, Discovery due by 5/8/2020, Motions due by 6/12/2020, Jury Selection Deadline 9/28/2020, Mediation Due by 5/8/2020. Signed by Magistrate Judge Thomas E Rogers, III on 12/02/2019. (dsto, ) (Entered: 12/02/2019)

MOTION to Withdraw as Attorney Marisa Lenok by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler. Response to Motion due by 8/4/2020. 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 Exhibit July 21, 2020 Notice to Client)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 07/21/2020)

1 Exhibit July 21, 2020 Notice to Client

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TEXT ORDER granting 125 Motion to Withdraw as Attorney. Signed by Magistrate Judge Thomas E Rogers, III on 07/21/2020.(dsto, ) (Entered: 07/21/2020)

TEXT ORDER: The parties are directed to file a Status Report within five days of the date of this Order. Signed by Magistrate Judge Thomas E Rogers, III on 07/22/2020. (dsto, ) (Entered: 07/22/2020)

JOINT STATUS REPORT (re: TEXT ORDER #128) of all Parties by Joel Anderson, Willie D. Davis, Jana Hollis, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams. (Holmes, Janet) Modified on 7/28/2020 to edit text. (dsto) (Entered: 07/27/2020)

MOTION to Withdraw as Attorney Kyle Druding by Bayan Aleksey, Marion Bowman, James Bryant, Luzenski Cottrell, Taylor Cross, William Dickerson, Jr, Ron Finklea, Jerry Inman, Richard Moore, Clinton Northcutt, James Robertson, Brad Sigmon, Stephen Stanko, Norman Starnes, Sammie Stokes, Bobby Stone, Gary Terry, John Weik, Louis Winkler. Response to Motion due by 11/10/2020. 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 Exhibit 10.20.20 Notice to Clients)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Jophlin, Aaron) (Entered: 10/27/2020)

1 Exhibit 10.20.20 Notice to Clients

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TEXT ORDER granting 135 Motion to Withdraw as Attorney. Signed by Magistrate Judge Thomas E Rogers, III on 12/09/2020.(dsto, ) (Entered: 12/09/2020)

MOTION to Withdraw as Attorney by Joel Anderson, Willie D. Davis, Jana Hollis, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams. Response to Motion due by 3/23/2021. 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 Thomas E Rogers, III.(Trask, Lauren) (Entered: 03/09/2021)

TEXT ORDER granting 140 Motion to Withdraw as Attorney. Signed by Honorable Bruce Howe Hendricks on 3/24/2021.(prou, ) (Entered: 03/24/2021)

ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Bruce Howe Hendricks on 3/24/2021. (prou, ) (Entered: 03/24/2021)

Joint MOTION for Extension of Time of Rubin Order, respectfully requested by all parties by Joel Anderson, Willie D. Davis, Jana Hollis, South Carolina Department of Corrections, Bryan P. Stirling, Randall Williams. Response to Motion due by 6/3/2021. 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.(Holmes, Janet) (Entered: 05/20/2021)

TEXT ORDER granting 145 Motion for Extension of Time re: 143 ORDER DISMISSING CASE for an additional (60) sixty days. Signed by Honorable Bruce Howe Hendricks on 05/21/2021.(dsto, ) (Entered: 05/21/2021)