Gaillard v. Hill-Finklea Detention Center et al

South Carolina District Court
Judge:David C Norton
Referred: Mary Gordon Baker
Case #: 2:24-cv-03496
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Jun 12, 2024
Terminated:Mar 04, 2025

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Docket last updated: 05/08/2025 11:59 PM EDT
Tuesday, March 04, 2025
40 40 misc Document Mailed Tue 03/04 8:15 AM
***DOCUMENT MAILED38 Order on Report and Recommendation, Order on Motion to Dismiss for Failure to State a Claim,39 Judgment placed in U.S. Mail from Charleston Clerk's Office to Percy Devon Gaillard 4013 148 Craggy Bluff Road Orangeburg, SC 29115. (dgar)
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39 39 misc Judgment Tue 03/04 8:14 AM
JUDGMENT: Case is dismissed without prejudice. (dgar)
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Thursday, February 27, 2025
38 38 2 pgs order Order on Report and Recommendation Order on Motion to Dismiss for Failure to State a Claim Thu 02/27 3:35 PM
ORDER affirming 35 Report and Recommendation; finding as moot 19 Motion to Dismiss for Failure to State a Claim; granting 33 Motion to Dismiss; dismissing case without prejudice. Signed by Honorable David C Norton on 2/27/2025.(eric, )
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Monday, January 06, 2025
36 36 misc Document Mailed Mon 01/06 11:00 AM
***DOCUMENT MAILED35 REPORT AND RECOMMENDATION re33 MOTION to Dismiss filed by Percy Devon Gaillard placed in U.S. Mail from Charleston Clerk's Office to Percy Devon Gaillard 4013 148 Craggy Bluff Road Orangeburg, SC 29115. (dgar)
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35 35 motion Report and Recommendation Mon 01/06 10:59 AM
REPORT AND RECOMMENDATION: The undersigned recommends Plaintiff's Motion to Dismiss (Dkt. No. 33) be granted pursuant to Federal Rule of Civil Procedure 41(a)(2) and this action be dismissed without prejudice. If the Court adopts this recommendation, the Detention Center's Motion to Dismiss (Dkt. No. 19) will be moot. Objections to R&R due by 1/21/2025 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 1/6/2025. (dgar)
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Thursday, January 02, 2025
34 34 respm Response in Support of Motion Thu 01/02 11:17 AM
RESPONSE in Support re33 MOTION to Dismiss Response filed by Hill-Finklea Detention Center, Anthony Fyall, Archie Beau, Lewis. (Cooper, G)
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33 33 motion Dismiss Thu 01/02 10:56 AM
MOTION for Voluntary Dismissal by Percy Devon Gaillard. Response to Motion due by 1/16/2025. 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.Motions referred to Mary Gordon Baker.(dgar)
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Att: 1 Envelope
Thursday, December 19, 2024
32 32 misc Document Mailed Thu 12/19 10:16 AM
***DOCUMENT MAILED31 Order, placed in U.S. Mail from Charleston Clerk's Office to Percy Devon Gaillard 4013 148 Craggy Bluff Road Orangeburg, SC 29115. (dgar)
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31 31 2 pgs order Order Thu 12/19 10:15 AM
ORDER: IT IS ORDERED that Plaintiff shall have through January 3, 2025, in which to respond to the Motion to Dismiss (Dkt. No. 19). Plaintiff is advised that if he fails to respond by this date, his claims against Defendant Hill-Finklea Detention Center will be subject to dismissal for failure to prosecute pursuant to Fed. R. Civ. P. 41(b), and for failure to comply with this Courts orders, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and the factors outlined in Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982). See Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989). The dismissal will be considered an adjudication on the merits, i.e., with prejudice. IT IS SO ORDERED. Signed by Magistrate Judge Mary Gordon Baker on 12/19/2024. (dgar)
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Friday, November 15, 2024
30 30 misc Document Mailed Fri 11/15 10:41 AM
***DOCUMENT MAILED29 Scheduling Order, placed in U.S. Mail from Charleston Clerk's Office to Percy Devon Gaillard 4013 148 Craggy Bluff Road Orangeburg, SC 29115. (dgar)
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29 29 order Scheduling Order Fri 11/15 10:40 AM
SCHEDULING ORDER: Motions to Amend Pleadings due by 12/16/2024, Plaintiff's ID of Expert Witness due by 1/14/2025, Defendant's ID of Expert Witnesses Due by 2/13/2025, Records Custodian Affidavit due by 2/13/2025, Discovery due by 3/17/2025, Motions due by 5/16/2025, Mediation Due by 4/16/2025. Signed by Magistrate Judge Mary Gordon Baker on 11/15/2024. (dgar)
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28 28 answer Answer to Complaint Fri 11/15 10:08 AM
ANSWER to1 Complaint,5 Complaint , ANSWER to1 Complaint,5 Complaint by Archie Beau, Dobson, Anthony Fyall, Lewis.(Cooper, G)
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Tuesday, November 12, 2024
24 24 service Summons Returned Executed - Complaint Served Wed 11/13 11:33 AM
SUMMONS Returned Executed by Percy Devon Gaillard. Lewis served on 10/25/2024, answer due 11/15/2024. (dgar)
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23 23 misc Document Mailed Tue 11/12 10:08 AM
***DOCUMENT MAILED22 Roseboro Order, placed in U.S. Mail from Charleston Clerk's Office to Percy Devon Gaillard 148 Craggy Bluff Road Orangeburg, SC 29115. (agaz, )
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22 22 order Roseboro Order Tue 11/12 10:04 AM
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 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by 12/13/2024. 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 11/12/2024. (agaz, )
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Monday, November 11, 2024
21 21 notice Notice of Appearance Mon 11/11 3:33 PM
NOTICE of Appearance by Hugh Willcox Buyck on behalf of Hill-Finklea Detention Center (Buyck, Hugh)
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20 20 notice Notice of Appearance Mon 11/11 3:24 PM
NOTICE of Appearance by Jeffrey Herman Lappin on behalf of Hill-Finklea Detention Center (Lappin, Jeffrey)
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19 19 motion Dismiss for Failure to State a Claim Mon 11/11 11:53 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Hill-Finklea Detention Center. Response to Motion due by 11/25/2024. 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.(Cooper, G)
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Wednesday, November 06, 2024
18 18 service Summons Returned Executed - Complaint Served Thu 11/07 8:31 AM
SUMMONS Returned Executed by Percy Devon Gaillard. Hill-Finklea Detention Center served on 10/25/2024, answer due 11/15/2024. (dgar)
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Tuesday, October 15, 2024
16 16 misc Document Mailed Tue 10/15 11:04 AM
***DOCUMENT MAILED15 Summons Issued,14 Order 1983, change of address form, placed in U.S. Mail from Charleston Clerk's Office to Percy Devon Gaillard 148 Craggy Bluff Road, Orangeburg, South Carolina, 29115. (dgar)
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15 15 service Summons Issued Tue 10/15 11:01 AM
Summons Issued as to Archie Beau, Dobson, Anthony Fyall, Hill-Finklea Detention Center, Lewis. Service due by 1/13/2025. (dgar) (Main Document 15 replaced on 10/15/2024) (dgar)
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14 14 3 pgs order Order 1983 - Service - Inmate Tue 10/15 10:47 AM
ORDER authorizing service of process and collection of filing fee. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Plaintiff is also directed to notify the clerk in writing of any change of address. Signed by Magistrate Judge Mary Gordon Baker on 10/15/2024. (dgar)
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Thursday, September 26, 2024
13 13 misc Mail Returned Thu 09/26 2:27 PM
Mail Returned as Undeliverable. Addressee: Percy Devon Gaillard. Document Returned:6 Proper Form Order, Terminate Motions. (dgar)
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Monday, July 29, 2024
10 10 misc Document Mailed Mon 07/29 11:24 AM
***DOCUMENT MAILED9 Proper Form Order, a copy of our initial order (Dkt. No. 6), 6 blank summons forms, and 6 blank Forms USM-285 placed in U.S. Mail from Charleston Clerk's Office to Percy Devon Gaillard 4013 Hill-Finklea Detention Center 300 California Ave. Moncks Corner, SC 29461. (dgar) Modified on 7/29/2024 to edit docket text(dgar)
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9 9 order Proper Form Order Mon 07/29 11:22 AM
ORDER: The undersigned hereby GRANTS Plaintiff one final opportunity to submit an amended complaint and the necessary service documents. Plaintiff shall have twenty-one days from the date this Order is entered, plus three days for mail time Signed by Magistrate Judge Mary Gordon Baker on 7/29/2024. (dgar)
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Wednesday, June 26, 2024
7 7 misc Document Mailed Wed 06/26 10:09 AM
***DOCUMENT MAILED6 Proper Form Order, Terminate Motions, six blank summonses and six blank Forms USM-285 placed in U.S. Mail from Charleston Clerk's Office to Percy Devon Gaillard 4013 Hill-Finklea Detention Center 300 California Ave. Moncks Corner, SC 29461. (dgar)
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6 6 order Proper Form Order ~Util - Terminate Motions Wed 06/26 10:07 AM
ORDER: The undersigned therefore GRANTS Plaintiff leave to file an amended complaint within twenty-one days from the date this Order is entered, plus three days for mail time. If Plaintiff files an amended complaint, it will completely replace the original complaint. Motion GRANTED: 2 MOTION for Leave to Proceed in forma pauperis Related [+] filed by Percy Devon Gaillard. Signed by Magistrate Judge Mary Gordon Baker on 6/26/2024. (dgar)
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Friday, June 14, 2024
5 5 cmp Complaint Fri 06/14 2:33 PM
SUPPLEMENTAL COMPLAINT1 against All Defendants, filed by Percy Devon Gaillard.(dgar)
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Att: 1 Envelope
Wednesday, June 12, 2024
2 2 motion Proceed In Forma Pauperis Thu 06/13 3:31 PM
MOTION for Leave to Proceed in forma pauperis Related [+] by Percy Devon Gaillard.Motions referred to Mary Gordon Baker.(dgar)
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Att: 1 Envelope
1 1 cmp Complaint Thu 06/13 3:27 PM
COMPLAINT against All Defendants, filed by Percy Devon Gaillard.(dgar)
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Att: 1 Envelope