Kelly v. Solomon et al

Filing 95

ORDER that the parties shall file a Status Report by 10/26/2020 indicating whether Defendant Laur is now available and whether they would like to participate in a settlement conference. Signed by Chief Judge Martin Reidinger on 10/01/2020. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL CASE NO. 3:17-cv-00311-MR

WILLIE T. KELLY, JR.,

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Plaintiff,
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vs.
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GEORGE T. SOLOMON, et al.,
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Defendants.
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_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
The incarcerated Plaintiff filed this action pursuant to 42 U.S.C. § 1983
addressing incidents that allegedly occurred at the Lanesboro Correctional
Institution.1 [Doc. 1]. The Amended Complaint passed initial review on
claims of excessive force, deliberate indifference to a serious medical need,
and retaliation against several Defendants. [See Doc. 18]. Following the
parties’ filing of dispositive motions, all claims were dismissed except for a
claim that Defendant Codi Laur, a correctional officer at Lanesboro C.I., used
excessive force against Plaintiff. [See Doc. 86]. A Status Conference came

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Plaintiff initially proceeded pro se. Richard Jeremy Sugg entered a Notice of
Appearance on January 27, 2020 pursuant to the Prisoner Assistance Program. [See
Doc. 90].

before Judge Frank D. Whitney on February 6, 2020, at which time defense
counsel represented that Defendant Laur was unavailable for trial through
late September 2020 due to National Guard deployment. Accordingly, the
case was stayed and a jury trial was anticipated to commence before Judge
Whitney on November 2, 2020. [See Doc. 91].
This case has now been reassigned to the undersigned. The parties
will be ordered to file a Status Report by October 26, 2020, addressing
whether Defendant Laur is now available so that this case may resume, and
whether the parties would like to participate in a court-hosted settlement
conference. Should this case proceed to trial, it is likely that a trial date will
not be available until January 2021, at the earliest.
IT IS, THEREFORE, ORDERED that the parties shall file, by October
26, 2020, a Status Report indicating whether Defendant Laur is now
available and whether they would like to participate in a settlement
conference.
Signed: October 1, 2020

IT IS SO ORDERED.

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