Cain v. Inch et al
| William Cain, Jr. |
| Mark Inch, N Anandjiwal, Alexis Figueroa and Behazadi |
| 3:2021cv00071 |
| January 20, 2021 |
| US District Court for the Middle District of Florida |
| Jacksonville Office |
| Timothy J Corrigan |
| Brian J Davis |
| Monte C Richardson |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 3, 2021. A more recent docket listing may be available from PACER.
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Filing 41
ORDER of special appointment; directing service of process upon Defendant; notice to Plaintiff; directions to the Clerk. Signed by Magistrate Judge Monte C. Richardson on 3/9/2021. (CAW)
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Filing 40
ORDER denying #38 Plaintiff's untitled pleading requesting leave to amend his complaint. Signed by Magistrate Judge Monte C. Richardson on 3/2/2021. (CAW)
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Filing 39
ORDER denying without prejudice #37 Plaintiff's request for appointment of counsel. Signed by Magistrate Judge Monte C. Richardson on 2/11/2021. (CAW)
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Filing 38
MOTION for Extension of Time to Amend re #29 Amended Complaint by William Cain, Jr. (Attachments: #1 Exhibit, #2 Mailing Envelope)(KEM) Motions referred to Magistrate Judge Monte C. Richardson.
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Filing 37
MOTION to Appoint Counsel by William Cain, Jr. (Attachment: #1 Mailing Envelope)(KEM) Motions referred to Magistrate Judge Monte C. Richardson.
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Filing 36
NOTICE of designation under Local Rule 3.05 - track 1. Signed by Deputy Clerk on 1/22/2021. (CKS)
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Filing 35
Case Reassigned to Judge Brian J. Davis. New case number: 3:21-cv-71-J-39MCR. Judge Timothy J. Corrigan no longer assigned to the case. (SJW)
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Filing 34
ENDORSED ORDER: Pursuant to Local Rule 1.03(d), this case is transferred to the Honorable Brian J. Davis, United States District Judge, with his consent. Signed by Judge Timothy J. Corrigan on 1/21/2021. (JND)
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Filing 33
TRANSFER IN from the Northern District of Florida. Case assigned to District Judge Corrigan and Magistrate Judge Richardson. New Case Number: 3:21-cv-71-TJC-MCR. (KKH)
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Filing 32
Case transferred in from District of Florida Northern; Case Number 4:19-cv-00527. File received electronically
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Filing 31
ORDER. The magistrate judge's #30 Report and Recommendation is adopted and incorporated by reference in this Order. The claims against Defendant Figueroa for deliberate indifference to a serious medical need PROCEED and are TRANSFERRED to the Middle District of Florida, Jacksonville Division, with is the proper venue. The official capacity and respondeat superior claims against Defendant Inch are DISMISSED. The Eighth Amendment claims against Defendant Behazadi are DISMISSED. The Eighth Amendment claims against Defendant Anandjiwal are DISMISSED. The Clerk is directed to transfer this case to the Middle District of Florida, Jacksonville Division, and close the file. Signed by JUDGE M CASEY RODGERS on 1/19/2021. (alb) (Main Document 31 replaced with revised copy on 1/20/2021) (alb). [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #30 REPORT AND RECOMMENDATION. Objections to R&R Deadline expired, none filed. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 30
REPORT AND RECOMMENDATION. It is RECOMMEDED that: The claims against Defendant Figueroa for deliberate indifference to a serious medical need PROCEED and be TRANSFERRED to the Middle District of Florida, Jacksonville Division, which is the proper venue. The official capacity and respondeat superior claims against Defendant Inch be DISMISSED. The Eighth Amendment claims against Defendant Behazadi be DISMISSED. The Eighth Amendment claims against Defendant Anandjiwal be DISMISSED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/4/20. R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 1/4/2021. (blb) [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #29 THIRD Amended Complaint. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 29
THIRD AMENDED COMPLAINT against All Defendants, filed by WILLIAM CAIN. (blb) [Transferred from flnd on 1/20/2021.] Modified to edit text color on 1/20/2021 (KKH).
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Filing 28
ORDER. Plaintiff has until 11/28/2020, to file his third amended civil rights complaint. The Clerk of Court is directed to provide Plaintiff with the proper form for filing a complaint pursuant to 42 U.S.C. 1983 along with a copy of this Order. The Clerk of Court shall return this file upon receipt of Plaintiffs third amended complaint, or no later than 11/28/2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/29/20. (blb) *Form Provided* [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #27 Amended Complaint. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 27
AMENDED SECOND AMENDED COMPLAINT against N ANANDJIWAL, BEHAZADI, ALEXIS FIGUEROA, MARK INCH, filed by WILLIAM CAIN. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 26
ORDER. Plaintiff has until 10/22/2020, to file his second amended civil rights complaint. The Clerk of Court shall return this file upon receipt of Plaintiff's second amended complaint, or no later than 10/22/2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/15/20. (blb) [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #25 Amended Complaint. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 25
SECOND AMENDED COMPLAINT filed by WILLIAM CAIN. (blb) [Transferred from flnd on 1/20/2021.]
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Set Deadlines per #24 ORDER: Amended Pleadings due by 10/22/2020. Notify Chambers on 10/22/2020. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 24
ORDER. Plaintiff's motion for an enlargement of time, ECF No. #23, is GRANTED. The Clerk of Court shall provide Plaintiff with another civil rights complaint form so that Plaintiff can file a second amended complaint. Plaintiff has until October 22, 2020, to file his second amended civil rights complaint, which shall be typed or clearly written and submitted on court forms and no longer than 20 pages. The Clerk of Court shall return this file upon receipt of Plaintiff's second amended complaint, or no later than October 22, 2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/22/20. (blb) *Form Provided* [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: #23 MOTION For Enlargement of Time. Referred to MARTIN A FITZPATRICK. (cle) [Transferred from flnd on 1/20/2021.]
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Filing 23
MOTION For Enlargement of Time, filed by WILLIAM CAIN. (cle) [Transferred from flnd on 1/20/2021.]
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Filing 22
ORDER - Plaintiff's motion for an enlargement of time, ECF No. #21, is GRANTED. The Clerk of Court shall provide Plaintiff with another civil rights complaint form so that Plaintiff can file a second amended complaint. Plaintiff has until September 10, 2020, to file his second amended civil rights complaint. The Clerk of Court shall return this file upon receipt of Plaintiff's second amended complaint, or no later than September 10, 2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 8/6/2020. (cle)*** Complaint Form sent to the Plaintiff. *** [Transferred from flnd on 1/20/2021.]
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Set Deadline - Amended Pleadings due by 9/10/2020. (cle) [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #21 MOTION for Extension of Time to Amend COMPLAINT. Referred to MARTIN A FITZPATRICK. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 21
MOTION for Extension of Time FILE AN AMENDED COMPLAINT by WILLIAM CAIN. (blb) [Transferred from flnd on 1/20/2021.]
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Set Deadlines - Amended Pleadings due by 7/31/2020. (cle) [Transferred from flnd on 1/20/2021.]
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Filing 20
ORDER - Plaintiff's second motion for an enlargement of time, ECF No. #18, is DENIED as moot. The Clerk of Court shall provide Plaintiff with another civil rights complaint form so that Plaintiff can file a second amended complaint. Plaintiff has until July 31, 2020, to file his second amended civil rights complaint. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint, or no later than July 31, 2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/22/2020. (cle) *** Complaint Form sent to the Plaintiff. *** [Transferred from flnd on 1/20/2021.]
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Filing 19
FIRST AMENDED COMPLAINT against MARK INCH, filed by WILLIAM CAIN. (cle) [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: #19 First Amended Complaint. (cle) [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #18 MOTION to Extend Time. Referred to MARTIN A FITZPATRICK. (kjw) [Transferred from flnd on 1/20/2021.]
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Filing 18
Request for Extension of TIme by WILLIAM CAIN. (blb) [Transferred from flnd on 1/20/2021.]
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Set Deadlines per #17 ORDER: Plaintiff has until 7/10/2020, to file an amended civil rights complaint. Clerk to return file upon receipt of amended complaint, or no later than 7/10/2020. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 17
ORDER. Plaintiff's motion for an enlargement of time, ECF No. #16, is GRANTED. The Clerk of Court shall forward to Plaintiff a 1983 complaint form so that Plaintiff can file the amended complaint as explained above. Plaintiff shall have until July 10, 2020, to file an amended civil rights complaint, which shall be typed or clearly written and submitted on court forms. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint, or no later than July 10, 2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/8/20. (blb) *Form Provided as Directed* [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #16 MOTION to Extend Time. Referred to MARTIN A FITZPATRICK. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 16
MOTION to Extend Time by WILLIAM CAIN. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 15
ORDER. The Clerk of Court shall forward to Plaintiff a 1983 complaint form so that Plaintiff can file the amended complaint as explained. Plaintiff shall have until 6/11/2020, to file an amended civil rights complaint, which shall be typed or clearly written and submitted on court forms. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint, or no later than 6/11/2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/11/20. (blb) *Form Provided* [Transferred from flnd on 1/20/2021.]
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Filing 14
ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE MARTIN A FITZPATRICK for all further proceedings. MAGISTRATE JUDGE CHARLES A STAMPELOS no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 4/3/2020. (erl)**Please use the new judge's initials for all future filings: 4:19cv527-MCR/MAF. [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: 13 Initial Partial Filing Fee Received. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 13
Initial Partial Filing fee: $ 10.50, receipt number FLN400038617 (blb) [Transferred from flnd on 1/20/2021.]
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Filing 12
ORDER. Plaintiff's motion requesting an enlargement of time, ECF No. #11, is GRANTED. Plaintiff has until February 21, 2020, to submit the assessed initial partial filing fee of $10.50. The Clerk of Court shall return this file upon payment of the assessed initial partial filing fee, or no later than February 21, 2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 1/23/20. (blb) [Transferred from flnd on 1/20/2021.]
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Set Deadlines per #12 ORDER: Plaintiff has until 2/21/2020, to submit the assessed initial partial filing fee of $10.50. The Clerk of Court shall return this file upon payment of the assessed initial partial filing fee, or no later than 2/21/2020. (blb) [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #11 MOTION to Extend Time TO COMPLY WITH #10. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 11
MOTION FOR ENLARGEMENT OF TIME TO COMPLY by WILLIAM CAIN. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 10
ORDER GRANTING IN FORMA PAUPERIS STATUS. Plaintiff's in forma pauperis motion, ECF No. #8, is GRANTED to the extent Plaintiff is not required to prepay the $350.00 filing fee. Plaintiff is assessed an initial partial filing fee of $10.50 based on the monthly deposits in Plaintiff's inmate Trust Fund Account for the preceding six months as required by 28 U.S.C. 1915(b)(1)(A). Plaintiff has until 1/28/2020, to submit the initial partial filing fee. The Clerk of Court shall mail this Order with an appropriate cover letter to Department of Corrections. The Clerk of Court shall return this file upon payment of the assessed initial partial filing fee, or no later than 1/28/2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 12/27/19. Fee status updated to in forma pauperis, Fee due by 1/28/2020, Notify Chambers on 1/28/2020. (blb) *Letter sent to DOC* [Transferred from flnd on 1/20/2021.]
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Filing 9
ORDER. The Clerk of Court shall forward to Plaintiff a civil rights complaint form so Plaintiff can file an amended complaint if he desires to proceed with this case. Plaintiff has until January 28, 2020, to file an amended civil rights complaint on the form provided to him with this Order. Plaintiff's motion for help, ECF No. #5, is DENIED. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint, or no later than January 28, 2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 12/27/19. (blb) *Form Provided as Directed* [Transferred from flnd on 1/20/2021.]
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Set Deadlines per #9 ORDER: Plaintiff has until 1/28/2020, to file an amended civil rightscomplaint on the form provided to him with Order. The Clerk of Court shall return this file upon receipt of Plaintiff'samended complaint, or no later than 1/28/2020. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 8
MOTION for Leave to Proceed in forma pauperis by WILLIAM CAIN. (blb) [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #8 MOTION for Leave to Proceed in forma pauperis. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #5 MOTION FOR HELP. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 7
MEMORANDUM of Law in Support for Temporary Restraining Order and a Preliminary Injuction filed by WILLIAM CAIN. (blb) [Transferred from flnd on 1/20/2021.]
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Filing 6
Proposed Order to Show Cause and Temporary Restraining Order by WILLIAM CAIN. (blb) Modified Title on 12/26/2019 (blb). [Transferred from flnd on 1/20/2021.]
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Filing 5
MOTION FOR HELP by WILLIAM CAIN. (blb) [Transferred from flnd on 1/20/2021.]
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**Duplicate - ORDER deferring ruling on #2 Motion for Leave to Proceed in forma pauperis. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 11/21/2019. (lsd) [Transferred from flnd on 1/20/2021.]
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Filing 4
ORDER. The Clerk of Court shall forward to Plaintiff an application packet for requesting leave to proceed in forma pauperis. Plaintiff has until 12/19/2019, to either: (1) file an amended in forma pauperis motion supported by a computer printout of all transactions in his inmate bank account for 6-month period of time prior to case initiation and a signed Prisoner Consent Form, or (2) pay the $400.00 filing fee. Ruling on Plaintiff's in forma pauperis motion, ECF No. #2, is DEFERRED. The Clerk of Court shall return this file upon receipt of Plaintiff's compliance with this Order, or no later than 12/19/2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 11/21/19. (blb) *Forms Provided as Directed* [Transferred from flnd on 1/20/2021.]
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Filing 3
Notice to Pro Se (rcb) [Transferred from flnd on 1/20/2021.]
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #1 Complaint, #2 MOTION for Leave to Proceed in forma pauperis. Referred to CHARLES A STAMPELOS. (rcb) [Transferred from flnd on 1/20/2021.]
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Filing 2
DEFERRED per #4 ORDER. MOTION for Leave to Proceed in forma pauperis by WILLIAM CAIN. (rcb) Modified on 11/21/2019 (blb). [Transferred from flnd on 1/20/2021.]
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Filing 1
COMPLAINT against MARK INCH (Filing fee $0.), filed by WILLIAM CAIN. (rcb) ***No service copies received*** [Transferred from flnd on 1/20/2021.]
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