Qadir v. Wilson et al

Filing 35

ORDER remitting to the Magistrate Judge to make a recommendation of whether "to afford Qadir another opportunity to file an amended complaint or dismiss the complaint with prejudice." Plaintiff's 29 motion for relief under Rule 60, is hereby moot. Judge Magistrate Judge Shiva V Hodges added. Signed by Honorable Terry L. Wooten on 4/5/2019. (lbak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Muhammad W.K. Abdul Qadir,

Case No. 4:17-cv-02193-TLW

PLAINTIFF,
vs.
Latrell S. Wilson; Donald Martin; Sgt. Roy
Drake; Cheraw City Police Department;
Insurance Adjustor Rodney Spain; Progressive
Direct Insurance; Unknown Federal U.S.
Postal Employees; Attorney David H.
Maybank; Attorney Bradley L. Lanford;
Attorney Michael T. Coulter; Attorney
Raymond D. Turner; Anderson Used Auto
Parts (All-State), unknown owner; Credit
Collection Services Commercial; South
Carolina Department of Motor Vehicles;
Judge Roger Henderson; Alan Wilson, S.C.
Attorney General; and Unknown Processors;
All of the Above Defendants acting individual
capacity as well as co-conspirator of the
conspiracy,

ORDER

DEFENDANTS.
Plaintiff Muhammad W.K. Abdul Qadir, proceeding pro se and in forma pauperis, filed
this action alleging various claims against the Defendants, who allegedly conspired to frame
Plaintiff for a traffic ticket after a minor car accident as part of a false insurance claim. ECF No. 1.
The case was assigned to a Magistrate Judge, who issued a Report and Recommendation (R&R)
recommending that all Plaintiff’s claims be dismissed. ECF No. 9. Plaintiff then filed motions to
appoint counsel and for leave to amend. ECF Nos. 18, 19. Subsequently, the Court entered an
Order adopting the Magistrate Judge’s R&R and denying Plaintiff’s motions to amend his
complaint and to appoint counsel. ECF No. 20. Plaintiff then timely filed a notice of appeal. ECF
No. 24. While the appeal was pending, Plaintiff also filed a motion for relief from the judgment
pursuant to Rule 60 of the Federal Rules of Civil Procedure and to stay the appeal. ECF No. 29.
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Recently, the Fourth Circuit dismissed the appeal and remanded the case for this Court to
determine whether to allow an amended complaint or dismiss the action with prejudice.
ECF No. 32.
In light of the Fourth Circuit’s opinion, this case is remitted to the Magistrate Judge to
prepare an R&R and address the issues raised in the opinion and in the case of Goode v. Central
Virginia Legal Aid Society, Inc., 807 F.3d 619, 624 (4th Cir. 2015). Specifically, the case is
remitted so that the Magistrate Judge can make a recommendation of whether “to afford Qadir
another opportunity to file an amended complaint or dismiss the complaint with prejudice.” ECF
No. 32 at 3.
Additionally, Plaintiff seeks relief from the district court’s judgment under Rule 60(b). Fed.
R. Civ. P. However, in light of this decision, the Court finds Plaintiff’s motion for relief under
Rule 60, ECF No. 29, is hereby MOOT.
IT IS SO ORDERED.

__s/Terry L. Wooten____________
Terry L. Wooten
Senior United States District Judge

April 5, 2019
Columbia, South Carolina

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