Rice v. Cohen et al

Filing 47

ORDER finding that additional briefing is needed and directing the parties to file a memorandum of law addressing the issues discussed in the order by September 20, 2016. IT IS FURTHER ORDERED that the parties shall have until September 27, 2016 to file responsive memoranda, if either party so desires. Signed by Magistrate Judge Paige J. Gossett on 9/6/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Vincent Jermaine Rice,

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Plaintiff,
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v.
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Levern Cohen, Warden; Ernest Rome, Hearing )
Officer, SC Dept of Corrections,
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Defendants.
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_____________________________________ )

C/A No. 0:15-2861-RMG-PJG

ORDER

The plaintiff, Vincent Jermaine Rice, a self-represented state prisoner, brings this civil rights
action pursuant to 42 U.S.C. § 1983 alleging a violation of his constitutional rights. 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 March 15, 2016, the defendants filed a motion for summary judgment,
(ECF No. 36), to which Rice filed a response in opposition. (ECF No. 40.) Upon review of the
filings in this matter, the court finds that additional briefing is needed.
First, the parties are directed to address whether the September 18, 2014 decision of the
Honorable S. Phillip Lenski, South Carolina Administrative Law Judge, collaterally estops or
otherwise precludes the defendants from arguing that there was no due process violation at Rice’s
disciplinary hearing, which potentially could entitle Rice to nominal damages. Further, review of
the defendants’ motion reveals that they failed to address a claim that was construed by the court as
being raised in this matter—a state law claim of intentional infliction of emotional distress. (See
Order, ECF No. 10 at 1.)

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Based on the foregoing, it is hereby
ORDERED that the parties shall have until September 20, 2016 to file a memorandum of
law addressing the above issues. It is further
ORDERED that the parties shall have until September 27, 2016 to file responsive
memoranda, if either party so desires.
IT IS SO ORDERED.
____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
September 6, 2016
Columbia, South Carolina

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