Carter v. Alvin S. Glenn Det Center et al

Filing 53

ORDER granting Carter's 49 motion to amend her Complaint and directing Carter to file her Amended Complaint on or before September 19, 2016. IT IS FURTHER ORDERED that the defendants shall file an answer to the Amended Complaint or otherwise plead accordingly and that the defendants' 39 motion for summary judgment is terminated without prejudice to refile a motion addressing all of Carter's claims on or before October 14, 2016. Signed by Magistrate Judge Paige J. Gossett on 8/29/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Kimberly Carter,

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Plaintiff,
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v.
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Ronaldo Myers, Director, in his official
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capacity; Kathy Harrell, Asst director, in her )
official capacity; M. Gordon, Booking Officer, )
in her official capacity; Sargent on duty, in
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their official capacity; Sargent Angela Rice,
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Inmate Records, in their official capacity;
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Curtis Bufford, programs/admin/training, in
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his official capacity; Lt. James Hayes, in his
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official capacity,
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Defendant.
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_____________________________________ )

C/A No. 0:15-2583-HMH-PJG

ORDER

The plaintiff, Kimberly Carter, a self-represented pretrial detainee prisoner at the time of the
events at issue, filed this civil rights action pursuant to 42 U.S.C. § 1983 against the named
defendants. This matter is before the court pursuant to 28 U.S.C. § 636(b) and Local Civil Rule
73.02(B)(2) (D.S.C.) for pretrial proceedings.
On May 19, 2016, the defendants filed a motion for summary judgment. (ECF No. 39.)
Review of the defendants’ motion reveals that it fails to address claims that were construed by the
court as being raised in this matter. (See Order, ECF No. 17 at 1.)
Additionally, Carter filed a motion to amend her Complaint seeking to raise claims against
the defendants in their individual capacities. (ECF No. 49.)
Accordingly, it is

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ORDERED that Carter’s motion to amend her Complaint is granted. Carter shall file her
Amended Complaint on or before September 19, 2016. The defendants shall file an answer to the
Amended Complaint or otherwise plead accordingly. It is further
ORDERED that the defendants’ motion for summary judgment be terminated without
prejudice to refile a motion addressing all of Carter’s claims on or before October 14, 2016.
IT IS SO ORDERED.
____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
August 29, 2016
Columbia, South Carolina

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