Smalls v. Gergel et al

Filing 60

JUDGMENT by the Clerk. This case is dismissed with prejudice and without issuance and service of process. Moreover, this action is frivolous and constitutes Plaintiffs third strike pursuant to 28 U.S.C. § 1915(g). (dsto, )

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AO 450 (SCD 04/2010) Judgment in a Civil Action UNITED STATES DISTRICT COURT for the District of South Carolina Demetrius Jarod Smalls ) ) ) ) ) Plaintiff v. Richard M. Gergel, Wallace Dixon, Alan M. McCrory, and Margaret Seymour Defendant Civil Action No. 4:16-cv-3645-BHH JUDGMENT IN A CIVIL ACTION The court has ordered that (check one): ’ the plaintiff (name) recover from the defendant (name) which includes prejudgment interest at the rate of the amount of %, plus postjudgment interest at the rate of dollars ($ ), %, along with costs. ’ the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name) recover costs from the plaintiff (name) . O other: This case is dismissed with prejudice and without issuance and service of process. Moreover, this action is frivolous and constitutes Plaintiffs third strike pursuant to 28 U.S.C. § 1915(g). This action was (check one): ’ tried by a jury, the Honorable ’ tried by the Honorable presiding, and the jury has rendered a verdict. presiding, without a jury and the above decision was reached. O decided by the Honorable Bruce Howe Hendricks, United States District Judge. The court adopts the Report and Recommendation of the Honorable Thomas E. Rogers, III, United States Magistrate Judge. Date: August 23, 2017 CLERK OF COURT s/Debbie Stokes Signature of Clerk or Deputy Clerk

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