McNeill v. Herring et al

Filing 82

ORDER before the Court on its own motion re 81 Pro Se Letter, 80 Pro Se Letter. The Clerk shall SEND A COPY of the docket sheet in this civil action to Mr. McNeill, along with the Defendants pretrial filings (ECF No. 69 through ECF No. 77). The Clerk shall UPDATE the docket to reflect Mr. McNeills current mailing address at Alexander CI. FURTHER ORDERED that the Defendants are directed to ASCERTAIN THE STATUS of Mr. McNeills legal materials and his access to the same. Defendants shall FILE a written notice with the Court within ten (10) days. Signed by Senior Judge Graham Mullen on 11/9/2021. (Pro se litigant served by US Mail.)(ef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-00189-GCM
JAMES C. MCNEILL,
Plaintiff,
v.

ORDER

MICHAEL D. HINSON,
BRETT SIMMONS,
WILLIAM HORNE,
LAURA KINNEY,
FELICIA ALLEN,
THOMAS B. TURGEON,
Defendants.

THIS MATTER comes before the Court on its own motion. The Court is in receipt of
two letters from Plaintiff (ECF No. 80 & 81). In the first letter, Mr. McNeill asks (1) whether the
Court has received his request for subpoenas and writs; (2) whether the Court received mail
dated October 22, 2021; and (3) whether the Defendants responded to the Court’s Order to Show
Cause. Mr. McNeill’s second letter alleges that correctional staff at Alexander CI “refuse to
give me envelopes and writing paper” and “they told me they could not let me have any of the
(6) six boxes of legal property I brought with me here.”
Starting with Mr. McNeill’s questions, it is unclear what filings Mr. McNeill is referring
to. The Court will order that a copy of the docket sheet be provided to Plaintiff to clarify what is
presently in the record. Defendants did file a timely response to the Order to Show Cause along
with other pretrial filings, which the Clerk will be instructed to mail to Plaintiff as a courtesy.
Finally, the Court will order that the Defendants promptly investigate the status of Plaintiff’s legal
materials and his access to the same.

IT IS THEREFORE ORDERED that:
1. The Clerk shall SEND A COPY of the docket sheet in this civil action to Mr. McNeill,
along with the Defendants’ pretrial filings (ECF No. 69 through ECF No. 77).
2. The Clerk shall UPDATE the docket to reflect Mr. McNeill’s current mailing address
at Alexander CI.
3. Defendants are directed to ASCERTAIN THE STATUS of Mr. McNeill’s legal
materials and his access to the same. Defendants shall FILE a written notice with the
Court within ten (10) days.
SO ORDERED.

Signed: November 9, 2021

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