Smith v. Cherokee County Sheriff's Office et al

South Carolina District Court
Judge:Timothy M Cain
Referred: William S Brown
Case #: 7:25-cv-03262
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Apr 17, 2025
Case in other court:Cherokee County Court of Common Pleas, 2025-CP-11-00213
Last checked: Thursday Apr 17, 2025 2:08 PM EDT
Defendant
Cherokee County Sheriff's Office
Represented By
Stephanie H Burton
Gibbes Burton LLC
contact info
Defendant
James Hawkins
Represented By
Stephanie H Burton
Gibbes Burton LLC
contact info
Plaintiff
Jermaine M. Smith
PO Box 1656
Gaffney, SC 29342


Docket last updated: 05/14/2025 11:59 PM EDT
Monday, April 28, 2025
21 21 respm Response in Opposition to Motion Mon 04/28 3:23 PM
RESPONSE in Opposition re17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Jermaine M. Smith.Reply to Response to Motion due by 5/5/2025.(rweb, )
Related: [-]
Att: 1 Supporting Documents,
Att: 2 Certificate of Service,
Att: 3 USPS Certified Receipt
Friday, April 25, 2025
20 20 service Certificate of Service Fri 04/25 1:53 PM
CERTIFICATE OF SERVICE by Cherokee County Sheriff's Office, James Hawkins re17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Burton, Stephanie)
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19 19 misc Document Mailed Fri 04/25 9:12 AM
***DOCUMENT MAILED18 Roseboro Order placed in U.S. Mail from Greenville Clerks Office to Jermaine M. Smith, PO Box 1656, Gaffney, SC 29342. (rweb, )
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18 18 order Roseboro Order Fri 04/25 9:11 AM
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by 5/27/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge William S. Brown on 4/25/25. (rweb, ) (Main Document 18 replaced on 4/25/2025) (rweb, ). Modified on 4/25/2025 to replace incorrect document with correct document by Clerk (rweb, )
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Thursday, April 24, 2025
17 17 motion Dismiss for Failure to State a Claim Thu 04/24 4:22 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cherokee County Sheriff's Office, James Hawkins. Response to Motion due by 5/8/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.Motions referred to William S. Brown.(Burton, Stephanie)
Related: [-]
Att: 1 Memo in Support,
Att: 2 Exhibit Exhibit A to Memo in Support of MTD - Certificate of Service
16 16 respoth Objection to Report and Recommendation Thu 04/24 2:43 PM
OBJECTION to10 Report and Recommendation by Jermaine M. Smith. Reply to Objections due by 5/8/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(rweb, )
Related: [-]
Att: 1 Supporting Documents,
Att: 2 Certificate of Service,
Att: 3 USPS Receipt
Wednesday, April 23, 2025
15 15 service Certificate of Service Wed 04/23 1:16 PM
CERTIFICATE OF SERVICE by Jermaine M. Smith(rweb, )
Related: [-]
Att: 1 Certified Mail Receipt
14 14 misc Document Mailed Wed 04/23 7:28 AM
***DOCUMENT MAILED13 REPORT AND RECOMMENDATION re12 MOTION to Amend/Correct filed by Jermaine M. Smith placed in U.S. Mail from Greenville Clerks Office to Jermaine M. Smith, PO Box 1656, Gaffney, SC 29342. (rweb, )
Related: [-]
13 13 motion Report and Recommendation Wed 04/23 7:27 AM
REPORT AND RECOMMENDATION. Plaintiff's second Motion to Amend/Correct the Complaint (ECF No. 12 ) should be DENIED. Objections to R&R due by 5/7/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge William S. Brown on 4/23/25. (rweb, )
Related: [-]
Tuesday, April 22, 2025
12 12 motion Amend/Correct Tue 04/22 2:40 PM
MOTION to Amend/Correct State Court Complaint by Jermaine M. Smith. Response to Motion due by 5/6/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.Motions referred to William S. Brown.(rweb, )
Related: [-]
Att: 1 Proposed Amended Complaint
Friday, April 18, 2025
11 11 misc Document Mailed Fri 04/18 2:41 PM
***DOCUMENT MAILED9 Initial Review Order,10 REPORT AND RECOMMENDATION re4 MOTION to Amend/Correct1 Notice of Removal, filed by Jermaine M. Smith and public docket sheet placed in U.S. Mail from Greenville Clerks Office to Jermaine M. Smith, PO Box 1656, Gaffney, SC 29342. (rweb, ) Modified on 4/18/2025 to edit text (rweb, )
Related: [-]
10 10 motion Report and Recommendation Fri 04/18 2:40 PM
REPORT AND RECOMMENDATION. Plaintiff's 4 Motion to Amend/Correct the Complaint should be DENIED. Objections to R&R due by 5/2/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge William S. Brown on 4/18/25. (rweb, )
Related: [-]
9 9 4 pgs order Order Fri 04/18 2:38 PM
INITIAL REVIEW ORDER. Signed by Magistrate Judge William S. Brown on 4/18/25. (rweb, )
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Thursday, April 17, 2025
6 6 service Certificate of Service Thu 04/17 2:45 PM
CERTIFICATE OF SERVICE by Cherokee County Sheriff's Office, James Hawkins re3 Local Rule 26.01 Answers to Interrogatories,4 MOTION to Amend/Correct1 Notice of Removal,,1 Notice of Removal, Exhibits A and B (Burton, Stephanie)
Related: [-]
4 4 motion Amend/Correct Thu 04/17 2:03 PM
MOTION to Amend/Correct1 -1 State Court Complaint, by Jermaine M. Smith. Response to Motion due by 5/1/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.Motions referred to William S. Brown.(rweb, ) (Main Document 4 replaced on 4/18/2025) (rweb, ). Modified on 4/18/2025 to fix clerk mistake (rweb, ). Modified on 4/18/2025 to correct linkage (rweb, )
Related: [-]
Att: 1 State Court Documents,
Att: 2 Proposed Amended Complaint
3 3 discov Local Rule 26.01 Answers to Interrogatories Thu 04/17 1:58 PM
Local Rule 26.01 Answers to Interrogatories by Cherokee County Sheriff's Office, James Hawkins.(rweb, )
Related: [-]
1 1 cmp Notice of Removal Thu 04/17 1:57 PM
NOTICE OF REMOVAL from Cherokee County Court of Common Pleas, case number 2025-CP 11-00213 (Filing fee $ 405 receipt number ASCDC-12396087), filed by James Hawkins, Cherokee County Sheriff's Office.
Related: [-]
Att: 1 State Court Documents (rweb,