Pace v. Byrd et al
| North Carolina Western District Court | |
| Judge: | Martin Reidinger |
| Referred: | Susan Rodriguez |
| Case #: | 1:25-cv-00206 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Jul 03, 2025 |
| Terminated: | Jun 09, 2026 |
Defendant
Dilon Byrd
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Defendant
FNU Bradley
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Defendant
FNU Byrd
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Defendant
FNU Case
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Defendant
FNU Herman
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Defendant
Polk County Sheriff's Department
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Plaintiff
Damon Lamard Pace
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GPO
Jun 09 2026
MEMORANDUM OF DECISION AND ORDER that the Defendant's 11 Motion for Summary Judgment is GRANTED, and this action is DISMISSED WITH PREJUDICE. The Clerk is respectfully instructed to enter a Clerk's Judgment in favor of the Defendant and to close this case. Signed by Chief Judge Martin Reidinger on 6/9/2026. (Pro se litigant served by US Mail.) (ps) |
| Docket last updated: 09/23/2026 11:59 PM EDT |
| Tuesday, June 09, 2026 | ||
| 17 | 17
order
Judgment - Clerk
Tue 06/09 2:37 PM
CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 6/9/2026. Signed by Clerk, Katherine Hord Simon. (Pro se litigant served by US Mail.) (ps) |
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15
pgs
order
Order on Motion for Summary Judgment
Tue 06/09 2:32 PM
MEMORANDUM OF DECISION AND ORDER that the Defendant's 11 Motion for Summary Judgment is GRANTED, and this action is DISMISSED WITH PREJUDICE. The Clerk is respectfully instructed to enter a Clerk's Judgment in favor of the Defendant and to close this case. Signed by Chief Judge Martin Reidinger on 6/9/2026. (Pro se litigant served by US Mail.) (ps) |
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| Friday, May 01, 2026 | ||
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notice
Notice of Change of Address
Fri 05/01 12:44 PM
NOTICE of Change of Address by Damon Lamard Pace. Former address: Piedmont Correctional Institution 1245 Camp Road Salisbury, NC 28147. New address: Albemarle Correctional Institution P. O. Box 460 Badin, NC 28009.. (ps) |
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Att: 1
Envelope
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| Monday, April 13, 2026 | ||
| 14 | 14
misc
Mail Returned
Mon 04/13 12:27 PM
Mail13 Order and 3/24/26 Text Order addressed to Damon Lamard Pace, 36046, Polk County Detention Center, 164 Government Complex Drive, Columbus, NC 28722. returned as undeliverable. (smm) |
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Att: 1
Returned Mail
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notice
Clerk's Notice Regarding Address Change
Mon 04/13 12:31 PM
TEXT-ONLY NOTICE: The Clerk has received the14 Mail Returned as undeliverable. Pursuant to I(D)(3) of the Administrative Procedures Governing Filing and Service by Electronic Means and the Order of Instructions: A pro se party whose e-mail address, mailing address, telephone or fax number has changed shall promptly notify the Clerk of a change of address and serve a copy of the notice on all other parties. Failure to promptly notify the Clerk of any such changes may result in the dismissal of the pro se plaintiff's action or, in the case of a pro se defendant, the entry of judgment against such defendant. Damon Lamard Pace is directed to update their address with the Clerk within 14 days of the date of this Notice. (Copy of this Notice, a Notice of Change of Address Form, and13 Order mailed to pro se litigant at Piedmont Correctional Institution 1245 Camp Road Salisbury, NC 28147). (smm) |
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| Tuesday, March 24, 2026 | ||
| 13 | 13
4
pgs
order
Order Setting Response Deadline
Tue 03/24 12:16 PM
ROSEBORO ORDER Setting Response Deadline re: 11 MOTION for Summary Judgment. Responses due by 4/23/2026. Signed by Chief Judge Martin Reidinger on 3/24/2026. (Pro se litigant served by US Mail.) (sc) |
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utility
Add and Terminate Judges
Tue 03/24 9:46 AM
Case Assignment Notice: Magistrate Judge Susan Rodriguez (MJ) no longer assigned to case. (maf) |
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| Monday, March 23, 2026 | ||
| 12 | 12
17
pgs
respm
Memorandum in Support of Motion
Mon 03/23 6:21 PM
MEMORANDUM in Support re11 MOTION for Summary Judgment by Dilon Byrd.(Perrin, Sean) |
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Att: 1
Exhibit List,
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Att: 2
Exhibit 1- Dilon Byrd declaration,
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Att: 3
Exhibit 2- Mark Herman declaration,
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Att: 4
Exhibit 2-1 - Jail grievance policy,
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Att: 5
Exhibit 2-2 Plaintiff's grievances,
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Att: 6
Exhibit 3- Sean Perrin declaration,
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Att: 7
Exhibit 3-1 Discovery requests
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motion
Summary Judgment
Mon 03/23 6:16 PM
MOTION for Summary Judgment by Dilon Byrd. Responses due by 4/6/2026 (Perrin, Sean) |
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| Thursday, November 06, 2025 | ||
| 10 | 10
order
Scheduling Order
Thu 11/06 8:42 AM
Pretrial Order and Case Management Plan: Motion to Amend & Join Parties due by 12/11/2025. Discovery due by 2/19/2026. Motions due by 3/23/2026. Signed by US Magistrate Judge Susan C. Rodriguez on 11/5/2025. (Pro se litigant served by US Mail.)(brl) |
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| Monday, October 20, 2025 | ||
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answer
Answer to Complaint
Mon 10/20 11:05 AM
ANSWER to1 Complaint by FNU Byrd.(Perrin, Sean) |
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| Tuesday, September 30, 2025 | ||
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service
Summons Returned Executed
Thu 10/02 9:22 AM
SUMMONS Returned Executed FNU Byrd served on 9/30/2025, answer due 10/21/2025. (sc) |
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| Monday, September 29, 2025 | ||
| 7 | 7
service
Summons Issued
Mon 09/29 3:37 PM
Summons Issued Electronically to US Marshal for service as to FNU Byrd. (sc) (Attachment 1 replaced on 9/29/2025) (sc) |
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Att: 1
USM 285 Form,
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Att: 2
Envelope
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| Monday, August 18, 2025 | ||
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14
pgs
order
Order
Mon 08/18 9:21 AM
ORDER: Plaintiff's 1 Complaint passes initial review against Defendant Byrd for the use of excessive force and for deliberate indifference to a serious medical need. The remaining claims are DISMISSED WITHOUT PREJUDICE. The Clerk is instructed to mail blank summons forms to the Plaintiff, which the Plaintiff shall fill out and return for service of process on Defendant Byrd. The Clerk is instructed to terminate the Polk County Sheriffs Department, FNU Bradley, FNU Case, and FNU Herman as Defendants. Signed by Chief Judge Martin Reidinger on 8/18/2025. (Pro se litigant served by US Mail.) (sc) |
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utility
Summons Sent
Mon 08/18 2:05 PM
Blank summons mailed to plaintiff with instructions to complete and return to the Court for process by the Marshal Service. Summons due by 9/2/2025. (sc) |
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utility
Case Assigned/Reassigned
Mon 08/18 2:12 PM
Case assigned to US Magistrate Judge Susan C. Rodriguez. This is your only notice - you will not receive a separate document. (sc) |
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| Wednesday, July 23, 2025 | ||
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2
pgs
order
Order Directing Monthly Prisoner Payment
Wed 07/23 10:14 AM
ORDER granting in forma pauperis status and the correctional facility is to transmit partial payments. The initial partial filing fee is waived. Signed by Clerk Katherine H. Simon on 7/23/2025. (Copy of Order served by mail.) (Pro se litigant served by US Mail.)(llp) |
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| Monday, July 21, 2025 | ||
| 4 | 4
misc
Prisoner Trust Fund Account Statement
Wed 07/23 9:56 AM
Prisoner Trust Fund Account Statement (Sealed - Court) by Damon Lamard Pace.(llp) (Main Document 4 replaced on 7/23/2025) (llp). (Attachment 1 replaced on 7/23/2025) (llp) |
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Att: 1
Envelope
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| Monday, July 07, 2025 | ||
| 3 | 3
1
pgs
order
Order for Prisoner Trust Account Statement
Mon 07/07 11:34 AM
ORDER for Prisoner Trust Account Statement of Plaintiff. Signed by Clerk Katherine H. Simon on 7/7/2025. (Copy of Order served by mail.) (Pro se litigant served by US Mail.)(llp) |
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| Thursday, July 03, 2025 | ||
| 2 | 2
misc
Affidavit - 1983 Application IFP
Thu 07/03 10:19 AM
AFFIDAVIT - 1983 Application IFP (Sealed - Participants) by Damon Lamard Pace (sc) |
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Att: 1
Envelope
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| 1 | 1
cmp
Complaint
Thu 07/03 10:17 AM
COMPLAINT against FNU Bradley, FNU Byrd, FNU Case, FNU Herman, Polk County Sheriff's Department, filed by Damon Lamard Pace. (sc) |
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Att: 1
Envelope
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order
Order of Instructions
Thu 07/03 10:20 AM
Standing Order of Instructions Regarding Pro Se Prisoner Civil Actions. Click on this link to retrieve the Standing Order (Pro se litigant served by US Mail.) (sc) |
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utility
Standing Order Regarding Use of Artificial Intelligence
Thu 07/03 10:21 AM
Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (sc) |
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