Newell v. White et al

Filing 24

ORDER granting in part and denying in part 23 Motion for Return of Exhibits. Signed by Chief Judge Frank D. Whitney on 3/26/15. (Copies of Doc. Nos. 3 , [4-1], 5 & 8 , and New Civil Filing Packet mailed to Pltf as instructed.) (Pro se litigant served by US Mail.)(ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:14-cv-320-FDW
JONATHAN JAMES NEWELL,
Plaintiff,
vs.
SUSAN R. WHITE, et al.,
Defendants.
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ORDER

THIS MATTER is before the Court on the pro se Plaintiff’s “Motion for Return of
Exhibits.” (Doc. No. 23). Plaintiff seeks to have the Clerk of this Court return to him copies of
various exhibits he has filed since bringing this action. Plaintiff also seeks to have the Clerk
send him a new, civil filing packet. Finally, Plaintiff has inquired into when the Court will
conduct its initial review and when Defendants will be served with summons.
As to Plaintiff’s various inquiries into the status of this case, the North Carolina
Department of Public Safety has submitted forms showing that Plaintiff exhausted his
administrative remedies through the third step of the grievance process. See (Doc. No. 22). As
to Plaintiff’s inquiries into the Court’s initial review of his Supplemental Amended Complaint
and service of summons on Defendants, the Court notes that Plaintiff filed his Supplemental
Amended Complaint on March 2, 2015, and the Court will conduct its initial review in the
ordinary course of business according, recognizing that older filings in other cases generally take
priority. Once the Court conducts the initial review, and if Plaintiff’s allegations survive initial
review, Defendants will then be served with summons by order of the Court to the U.S. Marshal.
IT IS THEREFORE ORDERED that Plaintiff’s “Motion for Return of Exhibits,” (Doc.

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No. 23), is GRANTED in part and DENIED in part.
Finally, the Clerk of this Court is respectfully instructed to send Plaintiff a new civil
filing packet. The Clerk of this Court is also respectfully instructed to mail to Plaintiff copies of
the following documents from the docket report: Doc. No. 3 (Morgan Decl.); Doc. No. 4-1 (Ex.
1); Doc. No. 5 (Rushton Decl.); and Doc. No. 8 (Short Decl.).
Signed: March 26, 2015

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