Herbert v. McCall et al
| South Carolina District Court | |
| Judge: | Joseph Dawson, III |
| Referred: | Kaymani D West |
| Case #: | 4:23-cv-06242 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Dec 04, 2023 |
| Terminated: | Oct 23, 2024 |
| Last checked: Saturday Jun 01, 2024 6:32 AM EDT |
|
Defendant
Chaquez T McCall
|
Represented By
|
|
Defendant
McCall Law Firm
|
Represented By
|
|
Defendant
Kelli Spencer
|
Represented By
|
|
Plaintiff
Terrell Herbert
1937 W Palmetto St
Florence, SC 29501 |
| Docket last updated: 7 hours ago |
| Friday, December 13, 2024 | ||
| 81 | 81
misc
Document Mailed
Fri 12/13 1:27 PM
***DOCUMENT MAILED: 80 Order on Motion to Compel placed in U.S. Mail from Florence Clerks Office to Terrell Herbert Florence County Detention Center 6719 Friendfield Rd Effingham, SC 29541. (lgib, ) |
|
| 80 | 80
order
Order on Motion to Compel
Fri 12/13 1:25 PM
TEXT ORDER denying 71 , 72 , and 78 pro se Plaintiff Terrell Herbert's ("Plaintiff") Motion to Compel Answers from Defense Counsel (DE 71), filed November 5, 2024; 2nd Motion to Compel Defense Counsel and Clients (DE 72), filed November 5, 2024; and Motion to Compel (DE 78), filed November 22, 2024. On October 23, 2024, the Court adopted the Report and Recommendation ("Report") of United States Magistrate Judge Kaymani D. West (DE 57), recommending the dismissal of Plaintiff's complaint because, among other things, the Court lacks subject matter jurisdiction. Plaintiff did not object, and this Court dismissed Plaintiff's complaint (DE 67). Plaintiff filed his notice of appeal on November 12, 2024. (DE 73.) "We have long recognized that the filing of a notice of appeal 'divests a [district] court of jurisdiction over those aspects of the case involved in the appeal.'" Dunston v. Unknown, 840 F. App'x 746, 746 (4th Cir. 2021) quoting Fobian v. Storage Tech. Corp., 164 F.3d 887, 890 (4th Cir. 1999) (internal quotation marks omitted); see also Doe v. Pub. Citizen, 749 F.3d 246, 259 (4th Cir. 2014) ("A district court does not act in aid of the appeal when it alters the status of the case as it rests before the court of appeals." (alteration and internal quotation marks omitted)). Since the Court dismissed this matter for lack of subject matter jurisdiction, and jurisdiction is the essence of the appeal, the Court denies Plaintiff's motions to compel at 71 , 72 , and 78 . Signed by the Honorable Joseph Dawson, III on 12/13/2024.(lgib, ) |
|