Brockington v. South Carolina Department of Corrections

South Carolina District Court
Judge:	R Bryan Harwell
Referred:	Thomas E Rogers, III
Case #:	4:16-cv-02850
Nature of Suit	442 Civil Rights - Employment
Cause	42:2000e Job Discrimination (Employment)

Case Filed:	Aug 15, 2016
Re-opened:	May 19, 2017
Terminated:	Aug 02, 2017

Last checked: Saturday Feb 11, 2017 4:18 AM EST

Defendant South Carolina Department of Corrections
Defendant Ginny Barr
Defendant Toni Boone
Defendant Angela Warren
Plaintiff Clara Lewis Brockington Post Office Box 3232 Florence, SC 29502

Docket last updated: 9 hours ago

Tuesday, November 28, 2017
45		45 misc Document Mailed Tue 11/28 3:21 PM ***DOCUMENT MAILED 44 Text Order on Motion for Reconsideration placed in U.S. Mail to Clara Lewis Brockington Post Office Box 3232 Florence, SC 29502. (lsut, ) Related: [-]
Monday, November 27, 2017
44		44 order Order on Motion for Reconsideration Mon 11/27 3:33 PM TEXT ORDER denying 43 Motion for Reconsideration: On August 2, 2017, the Court issued an order adopting the Magistrate Judge's Report and Recommendation ("R & R") and summarily dismissing Plaintiff's amended complaint without prejudice. See ECF No. 40 . On September 25, 2017, Plaintiff filed the instant "Motion to re-open case." See ECF No. 43 . Based on the timing of the motion, the Court construes it as a motion made pursuant to Federal Rule of Civil Procedure 60(b). See generally In re Burnley, 988 F.2d 1, 2-3 (4th Cir. 1992) (indicating that "[i]n cases where a party submits a motion [that] is unnamed and does not refer to a specific Federal Rule of Civil Procedure," a court should construe the motion under Rule 60(b) if it is not filed within the time for filing a Rule 59(e) motion). Rule 60(b) provides for an extraordinary remedy that should not be awarded except under exceptional circumstances. Mayfield v. Nat'l Ass'n for Stock Car Auto Racing, Inc., 674 F.3d 369, 378 (4th Cir. 2012). It allows a court to "relieve a party or its legal representative from a final judgment, order, or proceeding" for six reasons: (1) "mistake, inadvertence, surprise, or excusable neglect"; (2) newly discovered evidence; (3) fraud; (4) a void judgment; (5) a satisfied, released, or discharged judgment; or (6) "any other reason that justifies relief." Fed. R. Civ. P. 60(b). "A party that fails to act with diligence will be unable to establish that his conduct constituted excusable neglect pursuant to Rule 60(b)(1)." Robinson v. Wix Filtration Corp. LLC, 599 F.3d 403, 413 (4th Cir. 2010). Before establishing that one of the six subparts is applicable, a party moving for relief under Rule 60(b) "must make a showing of timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances." Werner v. Carbo, 731 F.2d 204, 206-07 (4th Cir. 1984). In her motion, Plaintiff states: "Plaintiff, pro se, was not considered by the Judge or the Court when the decision was being made according to their dismissal." ECF No. 40 . She appears to assert the Court should have considered her untimely objections to the R & R. However, other than asserting she "is NOT an attorney," Plaintiff has not explained why her objections were untimely, and therefore has not made a sufficient showing of "excusable neglect" under Rule 60(b)(1). Notably, the Magistrate Judge's R & R specifically notified Plaintiff when her objections were due. See R & R at p. 5. Moreover, Plaintiff has not made a sufficient showing that she is entitled to relief for any other reason under Rule 60(b). Accordingly, the Court DENIES Plaintiff's 43 motion to reopen. Signed by the Honorable R. Bryan Harwell on 11/27/2017.(eney, ) Related: [-]
Monday, September 25, 2017
43		43 motion Reconsideration Mon 09/25 2:01 PM MOTION for Reconsideration re40 Order Ruling on Report and Recommendation, by Clara Lewis Brockington. Response to Motion due by 10/10/2017. No proposed order.(dsto, ) Related: [-]
Wednesday, August 02, 2017
42		42 misc Document Mailed Wed 08/02 4:28 PM ***DOCUMENTS MAILED:40 Order and41 Judgment placed in U.S. Mail to Clara Lewis Brockington Post Office Box 3232 Florence, SC 29502. (hcic, ) Related: [-]
41		41 misc Judgment Wed 08/02 4:26 PM JUDGMENT is entered by the Clerk and this case is dismissed. (hcic, ) Related: [-]
40		40 order Order Ruling on Report and Recommendation Wed 08/02 4:20 PM ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts and incorporates by reference the R & R [ECF No. 36 ] of the Magistrate Judge. Accordingly, the Court DISMISSES Plaintiff's amended complaint [ECF No. 32 ] without prejudice and without issuance and service of process. Signed by the Honorable R Bryan Harwell on 8/2/2017. (hcic, ) Related: [-]
Monday, July 17, 2017
38		38 respoth Objection to Report and Recommendation Mon 07/17 4:37 PM OBJECTION to36 Report and Recommendation by Clara Lewis Brockington. Reply to Objections due by 7/31/2017.(dsto, ) Related: [-]
		Att: 1 Supporting Documents,
		Att: 2 Envelope
Tuesday, June 27, 2017
37		37 misc Document Mailed Tue 06/27 11:22 AM ***DOCUMENT MAILED:36 REPORT AND RECOMMENDATION w/NEF,35 No Serve Order w/NEF placed in U.S. Mail to Clara Lewis Brockington, PO Box 3232, Florence, SC, 29502 (dsto, ) Related: [-]
36		36 motion Report and Recommendation Tue 06/27 11:20 AM REPORT AND RECOMMENDATION recommending that the District Court dismiss the Complaint in this case without prejudice and without issuance and service of process. Objections to R&R due by 7/11/2017. 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 Thomas E Rogers, III on 06/27/2017. (dsto, ) Related: [-]
35		35 order Order - No Service - Non Inmate Tue 06/27 11:18 AM ORDER directing Clerk not to authorize service and advising plaintiff (or petitioner) to notify Clerk in writing of any change of address. Signed by Magistrate Judge Thomas E Rogers, III on 06/27/2017. (dsto, ) Related: [-]
Monday, June 19, 2017
32		32 cmp Amended Complaint Tue 06/20 11:00 AM AMENDED COMPLAINT against Ginny Barr, Toni Boone, South Carolina Department of Corrections, Angela Warren, filed by Clara Lewis Brockington. Service due by 9/18/2017.(dsto, ) Related: [-]
Friday, May 19, 2017
30		30 misc Document Mailed Fri 05/19 1:10 PM ***DOCUMENT MAILED: 29 Text Order placed in U.S. Mail to Clara Lewis Brockington Post Office Box 3232 Florence, SC 29502. (hcic, ) Related: [-]
29		29 order Order Fri 05/19 9:13 AM TEXT ORDER: The Fourth Circuit dismissed Plaintiff's appeal for lack of jurisdiction and remanded the case to this Court with instructions to allow Plaintiff to file an amended complaint. See ECF No. 26 . Accordingly, Plaintiff shall file any amended complaint within thirty (30) days from the date of this Order. Signed by the Honorable R. Bryan Harwell on 5/19/2017. (eney, ) Related: [-]
27		27 appeal USCA Mandate Fri 05/19 8:16 AM USCA MANDATE and Judgment as to21 Notice of Appeal filed by Clara Lewis Brockington. (hcic, ) Related: [-]
		Att: 1 Judgment
Thursday, April 27, 2017
26		26 appeal USCA Opinion Thu 04/27 9:11 AM USCA OPINION for21 Notice of Appeal, filed by Clara Lewis Brockington. Appeal Dismissed and Remanded. (mcot, ) Related: [-]
Monday, November 28, 2016
24		24 appeal Record to 4CCA - Initial Electronic Record Mon 11/28 9:10 AM ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re21 Notice of Appeal, Electronic record successfully transmitted. (dsto, ) Related: [-]
Tuesday, November 22, 2016
23		23 misc Document Mailed Tue 11/22 6:14 PM ***DOCUMENT MAILED:21 Notice of Appeal w/NEF,22 Transmittal Sheet for Notice of Appeal to USCA w/NEF, placed in U.S. Mail to Clara Lewis Brockington, PO Box 3232, Florence, SC, 29502 (dsto, ) Related: [-]
22		22 appeal Transmittal Sheet for Notice of Appeal to USCA Tue 11/22 6:13 PM Transmittal Sheet for Notice of Appeal to USCA re21 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. (dsto, ) Related: [-]
21		21 appeal Notice of Appeal Tue 11/22 5:39 PM NOTICE OF APPEAL as to18 Order Ruling on Report and Recommendation,, by Clara Lewis Brockington. - The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov(dsto, ) Related: [-]
		Att: 1 Supporting Documents
Monday, October 24, 2016
20		20 misc Document Mailed Mon 10/24 1:16 PM ***DOCUMENTS MAILED:18 Order and19 Judgment (w/NEFs) placed in U.S. Mail to Clara Lewis Brockington Post Office Box 3232 Florence, SC 29502. (hcic, ) Related: [-]
19		19 misc Judgment Mon 10/24 12:26 PM JUDGMENT is entered by the Clerk and this case is dismissed. (hcic, ) Related: [-]
18		18 order Order Ruling on Report and Recommendation Mon 10/24 12:21 PM ORDER RULING ON REPORT AND RECOMMENDATION: The Court has conducted a thorough review of the entire record, including Plaintiff's pleadings, the Magistrate Judge's R & R, and Plaintiff's objections to the R & R. See ECF Nos. 1 , 8 , 14 , & 16 . For the reasons stated in this Order and in the R & R, the Court overrules Plaintiff's objections and adopts and incorporates the R & R [ECF No. 14 ] by reference. The Court DISMISSES this action without prejudice and without issuance and service of process. Signed by the Honorable R. Bryan Harwell on 10/24/2016. (hcic, ) Related: [-]
Monday, October 03, 2016
16		16 respoth Objection to Report and Recommendation Mon 10/03 2:19 PM OBJECTION to14 Report and Recommendation by Clara Lewis Brockington. Reply to Objections due by 10/20/2016 (dsto, ) Related: [-]
Thursday, September 15, 2016
15		15 misc Document Mailed Thu 09/15 1:47 PM ***DOCUMENT MAILED:14 REPORT AND RECOMMENDATION w/NEF,13 No Serve Order placed in U.S. Mail to Clara Lewis Brockington, PO Box 3232, Florence, SC, 29502 (dsto, ) Related: [-]
14		14 motion Report and Recommendation Thu 09/15 1:46 PM REPORT AND RECOMMENDATION recommending that the District Court dismiss the Complaint in this case without prejudice and without issuance and service of process. Objections to R&R due by 10/3/2016. Signed by Magistrate Judge Thomas E Rogers, III on 09/15/2016. (dsto, ) Related: [-]
13		13 order Order - No Service - Non Inmate Thu 09/15 1:44 PM ORDER directing Clerk not to authorize service and advising plaintiff (or petitioner) to notify Clerk in writing of any change of address. Signed by Magistrate Judge Thomas E Rogers, III on 09/15/2016. (dsto, ) Related: [-]
Monday, September 12, 2016
9		9 discov Local Rule 26.01 Answers to Interrogatories Tue 09/13 4:08 PM Local Rule 26.01 Answers to Interrogatories with jury demand by Clara Lewis Brockington.(dsto, ) Related: [-]
8		8 cmp Amended Complaint Tue 09/13 4:07 PM AMENDED COMPLAINT against South Carolina Department of Corrections, Angela Warren, Ginny Barr, Toni Boone, filed by Clara Lewis Brockington. Service due by 12/15/2016.(dsto, ) Related: [-]
Friday, August 19, 2016
7		7 misc Document Mailed Fri 08/19 1:44 PM ***DOCUMENT MAILED:5 Proper Form Order w/NEF, Summons, USM-285, Court Complaint and Interr., 6 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail to Clara Lewis Brockington, PO Box 3232, Florence, SC, 29502 (dsto, ) Related: [-]
6		6 order Order on Motion for Leave to Proceed In Forma Pauperis Fri 08/19 1:40 PM ORDER granting 2 Motion for Leave to Proceed in forma pauperis re: 5 Proper Form Order. Signed by Magistrate Judge Thomas E Rogers, III on 08/19/2016.(dsto, ) Related: [-]
5		5 order Proper Form Order Fri 08/19 1:39 PM PROPER FORM ORDER. Case to be brought into proper form by 9/12/2016. Signed by Magistrate Judge Thomas E Rogers, III on 08/19/2016.(dsto, ) Related: [-]
Monday, August 15, 2016
2		2 motion Proceed In Forma Pauperis Tue 08/16 11:13 AM MOTION for Leave to Proceed in forma pauperis Related [+] by Clara Lewis Brockington. Response to Motion due by 9/1/2016. Motions referred to Thomas E Rogers, III. (hcic, ) Related: [-] stricted Access
1		1 cmp Complaint Tue 08/16 11:12 AM COMPLAINT against South Carolina Department of Corrections, filed by Clara Lewis Brockington. Service due by 11/17/2016. (hcic, ) Related: [-]
		Att: 1 EEOC Dismissal and Notice of Rights

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