Brown-Sartor et al v. Greenville County School District et al
| South Carolina District Court | |
| Judge: | Timothy M Cain |
| Referred: | Kevin Mcdonald |
| Case #: | 6:23-cv-05029 |
| Nature of Suit | 448 Civil Rights - Education |
| Cause | 20:1401 Education: Handicapped Child Act |
| Case Filed: | Oct 06, 2023 |
| Last checked: Saturday Apr 06, 2024 6:21 AM EDT |
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Defendant
Tracy Burns
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Defendant
Greenville County School District
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Defendant
Traci Hogan
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Defendant
Amy Mims
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Defendant
Brian Murphy
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Defendant
Burke Royster
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Defendant
SCDOE
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Plaintiff
Alexis Carberry Benson
235 Straightaway Lane
Fort Mill, SC 29707 |
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Plaintiff
Maxine Brown-Sartor
740 Woodruff Road Apt 3013
Greenville, SC 29607 |
| Docket last updated: 6 hours ago |
| Monday, May 06, 2024 | ||
| 44 | 44
respoth
Objection to Report and Recommendation
Mon 05/06 3:30 PM
OBJECTION to40 Report and Recommendation by Alexis Carberry Benson, Maxine Brown-Sartor. Reply to Objections due by 5/20/2024.(kmca) |
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Att: 1
Envelope
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| Thursday, April 25, 2024 | ||
| 43 | 43
misc
Document Mailed
Thu 04/25 11:28 AM
***DOCUMENT MAILED: 42 Transfer of Case Management, placed in U.S. Mail from Greenville Clerks Office to Alexis Carberry Benson, 235 Straightaway Lane, Fort Mill, SC 29707, and Maxine Brown-Sartor, 740 Woodruff Road, Apt 3013, Greenville, SC 29607. (pbri, ) |
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| 42 | 42
misc
Transfer of Case Management
Thu 04/25 11:13 AM
***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Timothy M Cain. New case number is 6:23cv05029 TMC . Please make a note of this for all future filings as well as Judge's preferences. Any future filings must be sent to the Clerk's Office at the following address: Carroll Campbell, Jr. US Courthouse, 250 East North Street, Greenville, SC 29601.(pbri, ) |
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| Monday, April 22, 2024 | ||
| 41 | 41
misc
Document Mailed
Mon 04/22 3:22 PM
***DOCUMENT MAILED:40 REPORT AND RECOMMENDATION re1 Complaint, filed by Maxine Brown-Sartor, Alexis Carberry Benson,39 Order placed in U.S. Mail from Greenville Clerks Office to Alexis Carberry Benson, 235 Straightaway Lane, Fort Mill, SC 29707, and Maxine Brown-Sartor, 740 Woodruff Road, Apt 3013, Greenville, SC 29607. (pbri, ) |
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| 40 | 40
motion
Report and Recommendation
Mon 04/22 3:16 PM
REPORT AND RECOMMENDATION re 1 Complaint filed by Maxine Brown-Sartor, Alexis Carberry Benson recommending to the district court that the action be dismissed with prejudice and without leave for further amendment. Objections to R&R due by 5/6/2024. 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 Kevin McDonald on 4/22/24. (pbri, ) |
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| 39 | 39
3
pgs
order
Order - No Service - Non Inmate
Mon 04/22 3:10 PM
ORDER directing Clerk not to authorize service and advising plaintiff (or petitioner) to notify Clerk in writing of any change of address. Signed by Magistrate Judge Kevin McDonald on 4/22/24. (pbri, ) |
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| 38 | 38
misc
Letter
Mon 04/22 2:55 PM
Letter from plaintiffs in response to amendment order.(pbri, ) |
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Att: 1
Envelope
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| Thursday, March 21, 2024 | ||
| 36 | 36
misc
Document Mailed
Thu 03/21 2:33 PM
***DOCUMENT MAILED: Amended Complaint with case number, & USM forms, Summons, 34 TEXT Order on Motion for Leave to Proceed in forma pauperis,35 Order,33 Order on Motion for Leave to Proceed in forma pauperis, placed in U.S. Mail from Greenville Clerks Office to Alexis Carberry Benson, 235 Straightaway Lane, Fort Mill, SC 29707 and Maxine Brown-Sartor, 740 Woodruff Road, Apt 3013, Greenville, SC 29607. (pbri, ) |
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| 35 | 35
13
pgs
order
Order
Thu 03/21 2:23 PM
ORDER AND NOTICE REGARDING AMENDMENT: Amended Complaint and proposed service documents due by 4/4/2024. Signed by Magistrate Judge Kevin McDonald on 3/21/24. (pbri, ) |
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| 34 | 34
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 03/21 2:21 PM
TEXT ORDER denying 2 Motion for Leave to Proceed in forma pauperis as moot. Signed by Magistrate Judge Kevin McDonald on 3/21/24.(pbri, ) Modified on 3/21/2024 to include that this is a text order. (pbri, ) |
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| 33 | 33
2
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 03/21 2:20 PM
ORDER granting 25 Motion for Leave to Proceed in forma pauperis; granting 28 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Kevin McDonald on 3/21/24.(pbri, ) |
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| Tuesday, February 27, 2024 | ||
| 32 | 32
misc
Document Mailed
Tue 02/27 12:33 PM
***DOCUMENT MAILED31 Order on Motion to Consolidate Cases placed in U.S. Mail from Greenville Clerks Office to Maxine Brown-Sartor, 740 Woodruff Road, Apt 3013, Greenville, SC 29607, and Alexis Carberry Benson,235 Straightaway Lane,Fort Mill, SC 29707. (pbri, ) |
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| 31 | 31
4
pgs
order
Order on Motion to Consolidate Cases
Tue 02/27 12:29 PM
ORDER denying 30 Motion to Consolidate Cases. Signed by Magistrate Judge Kevin McDonald on 2/27/24.(pbri, ) |
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| Thursday, February 15, 2024 | ||
| 30 | 30
motion
Consolidate Cases
Thu 02/22 9:41 AM
MOTION to Consolidate Cases, also titled: Plaintiff's Response to Appeal , by Maxine Brown-Sartor, Alexis Carberry Benson. Response to Motion due by 2/29/2024. 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. Associated Cases: 6:23-cv-05029-TMC-KFM, 6:23-cv-05162-TMC. Motions referred to Kevin McDonald.(kmca) |
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Att: 1
Envelope
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| Monday, January 08, 2024 | ||
| 28 | 28
motion
Proceed In Forma Pauperis
Mon 01/08 1:07 PM
MOTION for Leave to Proceed in forma pauperis by Maxine Brown-Sartor. Response to Motion due by 1/22/2024. 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 Kevin McDonald.(pbri, ) |
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Att: 1
Supporting documents
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| 27 | 27
discov
Local Rule 26.01 Answers to Interrogatories
Mon 01/08 1:06 PM
Local Rule 26.01 Answers to Interrogatories by Maxine Brown-Sartor.(pbri, ) |
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| 26 | 26
misc
Reply Not to a Motion
Mon 01/08 12:17 PM
REPLY in opposition by Alexis Carberry Benson, Maxine Brown-Sartor to22 Proper Form Order.(pbri, ) |
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Att: 1
Certificate of Service
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| 25 | 25
motion
Proceed In Forma Pauperis
Mon 01/08 12:09 PM
MOTION for Leave to Proceed in forma pauperis by Alexis Carberry Benson. Response to Motion due by 1/22/2024. 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 Kevin McDonald.(pbri, ) |
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| 24 | 24
discov
Local Rule 26.01 Answers to Interrogatories
Mon 01/08 12:08 PM
Local Rule 26.01 Answers to Interrogatories by Alexis Carberry Benson.(pbri, ) |
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Att: 1
Envelope
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| Thursday, December 28, 2023 | ||
| 23 | 23
misc
Document Mailed
Thu 12/28 2:25 PM
***DOCUMENT MAILED: IFP long form application, 26.01 interrogatories, Summons, 7 USM forms, amended complaint to Maxine Brown Sartor, and22 Proper Form Order, placed in U.S. Mail from Greenville Clerks Office to Alexis Carberry Benson, 235 Straightaway Lane, Fort Mill, SC 29707, and Maxine Brown-Sartor,740 Woodruff Road,Apt 3013,Greenville, SC 29607. (pbri, ) |
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| 22 | 22
order
Proper Form Order
Thu 12/28 1:57 PM
SECOND PROPER FORM ORDER: Case to be brought into proper form by 1/8/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kevin McDonald on 12/28/23. (pbri, ) |
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| Thursday, December 21, 2023 | ||
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misc
Document Mailed
Thu 12/21 11:37 AM
***DOCUMENT MAILED: 19 Order on Motion for Preliminary Injunction, Order on Report and Recommendation, placed in U.S. Mail from Greenville Clerks Office to Alexis Carberry Benson, 235 Straightaway Lane, Fort Mill, SC 29707 and Maxine Brown-Sartor,740 Woodruff Road, Apt 3013,Greenville, SC 29607. (pbri, ) |
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| 19 | 19
order
Order on Motion for Preliminary Injunction Order on Report and Recommendation
Thu 12/21 11:32 AM
TEXT ORDER: Pro se Plaintiffs Maxine Brown-Sartor and Alexis Carberry Benson brought this action on behalf of A.B. Minor Child following administrative proceedings involving the Individuals with Disabilities Education Act ("IDEA"). In their sixty-one-page complaint, Plaintiffs assert causes of action for alleged violations of the IDEA as well as for, among other things, willful gross negligence; obstruction of justice; violations of the Americans with Disabilities Act; "defamation/libel"; and laundering, embezzlement, and theft. Now before the court is Plaintiffs' Motion for Emergency Judgment, which the court is construing as a motion for a preliminary injunction and a temporary restraining order. (ECF No. 7 ). In the motion, Plaintiffs ask the court to order an independent audit of the South Carolina Department of Education, Brian P. Murphy, and Stevenson and Murphy Law, LLC. Id. Plaintiffs further move this court "to Issue an Emergency Judgement (sic) halting Brian P Murphy from being able to be appointed as a local hearing officer until the investigation and audit is complete." Id. Pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(e) (D.S.C.), the matter was referred to a magistrate judge who issued a Report and Recommendation ("Report") recommending the motion be denied. (ECF No. 10 ). Plaintiffs filed objections to the Report, (ECF No. 16 ), contesting, among other things, the denial of their motion and requesting an evidentiary hearing. This matter is now ready for review. Rule 65 of the Federal Rules of Civil Procedure governs the issuance of injunctions and restraining orders. It provides a "court may issue a preliminary injunction only on notice to the adverse party." Fed. R. Civ. P. 65(a). A temporary restraining order may be issued without written or oral notice to the adverse party only if "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard" and if the movants' "attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b). "A preliminary injunction is an extraordinary remedy never awarded as of right." Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). The issuance of a preliminary injunction involves the court's "exercise of [a] very far-reaching power" and is "to be granted only sparingly and in limited circumstances." MicroStrategy Inc. v. Motorola, Inc., 245 F.3d 335, 339 (4th Cir. 2001) (internal citations omitted). A party seeking a preliminary injunction or temporary restraining order must establish: (1) they are likely to succeed on the merits; (2) they are likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in their favor; and (4) an injunction is in the public interest. Winter, 555 U.S. at 20. Initially, it does not appear the defendants have been properly served in this case. Thus, there is no indication they received notice of the motion at issue as required to issue a preliminary injunction. Rule 65(a), Fed. R. Civ. P. Additionally, Plaintiffs have not certified in writing any efforts made to give defendants notice or provide why notice should not be required in order to issue a temporary restraining order. Rule 65(b), Fed. R. Civ. P. They also have not clearly shown that they will suffer immediate and irreparable injury, loss, or damage if the court does not issue a temporary restraining order at this juncture. In fact, Plaintiffs acknowledge in their objections that they prevailed on their IDEA appeal. (ECF No. 16 at 3). In addition to the aforementioned issues, Plaintiffs are not likely to succeed on the merits. Plaintiffs are correct that the United States Supreme Court has held that the "IDEA grants parents independent, enforceable rights," which "encompass the entitlement to a free appropriate public education for the parents' child." Winkelman v. Parma City School Dist. 550 U.S. 516, 533 (2007). As such, parents are "entitled to prosecute IDEA claims on their own behalf." Id. at 535 (emphasis added). As noted by the magistrate judge, while the "complaint alleges several causes of action on behalf of a minor child, A.B.," it "does not assert any claims on behalf of Ms. Brown-Sartor, the parent who appears to have brought this action, or Ms. Benson, a self-described special education advocate." (ECF No. 10 at 2). The Fourth Circuit has explained that though "[a]n individual unquestionably has the right to litigate his own claims in federal court... [t]he right to litigate for oneself... does not create a coordinate right to litigate for others." Myers v. Loudoun County Public Schools, 418 F.3d 395, 400 (4th Cir. 2005) (emphasis in original). Plaintiffs are not licensed attorneys; they may not litigate A.B.'s individual claims. Further, not only may Plaintiffs not bring A.B.'s claims pro se, but they have failed to demonstrate that, even if they could litigate A.B.'s claims, they are likely to prevail on the merits as Plaintiffs' claims "are set forth in vague and rambling allegations grounded in general and conclusory references to non-specific IDEA administrative proceedings." (ECF No. 10 at 3). Moreover, and as discussed, Plaintiffs have failed to show they are likely to suffer irreparable harm in the absence of preliminary relief. In their motion, (ECF No. 7 ), they make vague allegations that IDEA funds are being mishandled. They also urge the court to take action to prevent the continued harm of children with special needs from Brian Murphy and his "pattern of behavior." However, they did not provide how Plaintiffs specifically would be irreparably harmed in the absence of the relief sought. Id. The court has carefully reviewed the complaint, the motion for preliminary relief, and Plaintiffs' objections to the Report and concludes Plaintiffs have failed to show how A.B. will suffer irreparable harm without an injunction. In light of the foregoing, the court concludes Plaintiffs have failed to make the required showing for expedited relief under Winter. Having discerned no basis in Plaintiffs' motion, Plaintiffs' objections or the record for deviating from the magistrate judge's recommended disposition of this matter, the court ADOPTS the Report (ECF No. 10 ) and incorporates it herein. Plaintiffs' Motion for Preliminary Relief (ECF No. 7 ) is hereby DENIED. The right to appeal this order is governed by Rules 3 and 4 of the Federal Rules of Appellate Procedure and 28 U.S.C. § 1292. IT IS SO ORDERED. Ordered by Honorable Timothy M Cain on 12/21/23.(pbri, ) |
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| Friday, December 15, 2023 | ||
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misc
Letter
Mon 12/18 9:52 AM
Letter from Maxine Brown-Sartor and Alexis Carberry. (pbri, ) Modified on 12/18/2023 to include both filers (pbri, ) |
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| Wednesday, December 13, 2023 | ||
| 16 | 16
respoth
Objection to Report and Recommendation
Wed 12/13 2:36 PM
OBJECTION to10 Report and Recommendation by Alexis Carberry Benson, Maxine Brown-Sartor. Reply to Objections due by 12/27/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(pbri, ) |
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Att: 1
Supporting documents,
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Att: 2
Envelope
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| Monday, December 11, 2023 | ||
| 15 | 15
misc
Document Mailed
Mon 12/11 3:27 PM
***DOCUMENT MAILED13 Deficiency Memo placed in U.S. Mail from Greenville Clerks Office to Alexis Carberry Benson, 235 Straightaway Lane, Fort Mill, SC 29707. (pbri, ) |
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misc
Document Mailed
Mon 12/11 2:46 PM
***DOCUMENT MAILED:13 Deficiency Memo placed in U.S. Mail from Greenville Clerks Office to Maxine Brown-Sartor, 740 Woodruff Road, Apt 3013, Greenville, SC 29607. (pbri, ) |
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| 13 | 13
misc
Deficiency Memo
Mon 12/11 2:44 PM
Deficiency Memo incorrect signature. Document returned. See attached Deficiency Memo. (pbri, ) |
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| Friday, December 08, 2023 | ||
| 12 | 12
respoth
Objection to Report and Recommendation
Fri 12/08 2:54 PM
OBJECTION to10 Report and Recommendation by Alexis Carberry Benson. Reply to Objections due by 12/27/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(pbri, ) |
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Att: 1
Supporting documents,
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Att: 2
Certificate of Service,
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Att: 3
Envelope
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| Thursday, November 30, 2023 | ||
| 11 | 11
misc
Document Mailed
Thu 11/30 10:25 AM
***DOCUMENT MAILED: Summons, Pro Se interrogatories, IFP application, 7 USM forms, amended complaint9 Proper Form Order,10 REPORT AND RECOMMENDATION re7 MOTION for Preliminary Injunction filed by Maxine Brown-Sartor, Alexis Carberry Benson placed in U.S. Mail from Greenville Clerks Office to Alexis Carberry Benson, 235 Straightaway Lane, Fort Mill, SC 29707, and Maxine Brown-Sartor, 740 Woodruff Road, Apt 3013, Greenville, SC 29607. (pbri, ) |
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| 10 | 10
motion
Report and Recommendation
Thu 11/30 10:09 AM
REPORT AND RECOMMENDATION re 7 MOTION for Preliminary Injunction filed by Maxine Brown-Sartor, Alexis Carberry Benson recommending that plaintiffs' motion should be denied. Objections to R&R due by 12/14/2023. 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 Kevin McDonald on 11/30/23. (pbri, ) (pbri, ) |
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order
Proper Form Order
Thu 11/30 10:00 AM
PROPER FORM ORDER: Case to be brought into proper form by 12/21/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kevin McDonald on 11/30/23. (pbri, ) |
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| Monday, November 27, 2023 | ||
| 7 | 7
motion
Preliminary Injunction
Tue 11/28 11:27 AM
MOTION for Preliminary Injunction by Alexis Carberry Benson, Maxine Brown-Sartor. Response to Motion due by 12/11/2023. 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 Kevin McDonald.(pbri, ) (pbri, ) |
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Att: 1
(11/28/2023) Envelope
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| Tuesday, October 10, 2023 | ||
| 3 | 3
misc
True Division for Trial
Tue 10/10 3:22 PM
TRUE DIVISION FOR TRIAL: Greenville. (pbri, ) |
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| Friday, October 06, 2023 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Tue 10/10 3:21 PM
MOTION for Leave to Proceed in forma pauperis by Maxine Brown-Sartor. Response to Motion due by 10/20/2023. 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 Kevin McDonald.(pbri, ) |
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61
pgs
cmp
Complaint
Tue 10/10 3:20 PM
COMPLAINT against Tracy Burns, Greenville County School District, Traci Hogan, Amy Mims, Brian Murphy, Burke Royster, SCDOE, filed by Alexis Carberry Benson, Maxine Brown-Sartor. Table of exhibits included, but none provided. Service due by 1/4/2024.(pbri, ) (Main Document 1 replaced on 10/10/2023 to remove IFP attached) (pbri, ) |
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