Sussman v. Weston et al
| David Charles Sussman and El Maestro |
| Kathryn D. Weston, Ashley Moody, Shevaun Harris and Wellpath Recovery Solutions, LLC |
| 2:2023cv00567 |
| August 11, 2023 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 9, 2023. A more recent docket listing may be available from PACER.
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Filing 14
ENDORSED ORDER denying as moot Plaintiff's Motion to Hear & Rule on Doc. No. 9 (Doc. #13). The Court granted Doc. #9 in part on 9/19/2023. (Doc. #12). The Clerk is DIRECTED to mail another copy of Doc. #12 to Plaintiff. Signed by Judge Sheri Polster Chappell on 10/9/2023. (NMC)
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Filing 13
MOTION for Hearing by David Charles Sussman. (JTM)
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Filing 12
OPINION AND ORDER. Plaintiff David Charles Sussman's Rule 52(b) and 59(e) Motion to Amend Findings and Order; and Motion for Extension of Time to File Amended Complaint #9 is GRANTED in part and DENIED in part. The Court VACATES the Opinion and Order dated August 17, 2023 #7 and SETS ASIDE the Judgment #8. The Clerk is DIRECTED to reopen this case. While Sussman's claims against Weston and Moody remain barred, he may file an amended complaint to plead Count 2 within 21 days of this Order. Otherwise, the Court will enter judgment and close this case without further notice. Signed by Judge Sheri Polster Chappell on 9/19/2023. (BGS)
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Filing 11
TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #10 Notice of Appeal. (JTM)
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Filing 10
NOTICE OF APPEAL as to #7 Opinion and order, #8 Judgment by David Charles Sussman. Filing fee not paid. (Attachments: #1 Attachments)(JTM)
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Filing 9
MOTION to Amend Finding and Order, MOTION for Extension of Time to File Amended Complaint by David Charles Sussman. (JTM) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 8
SET ASIDE per Order #12- JUDGMENT: Pursuant to this Court's Order, entered August 17, 2023, judgment is hereby entered dismissing this case. Signed by Deputy Clerk on 8/18/2023. (BD) Modified on 9/20/2023 to edit docket text (AJS).
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Filing 7
VACATED per Order #12- OPINION AND ORDER. Plaintiff David Charles Sussman's Complaint for a Declaratory Judgment and 42 U.S.C. 1983 Civil Rights Complaint #1 is DISMISSED. The Clerk is DIRECTED to enter judgment, terminate any pending motions and deadlines, and close this case. Signed by Judge Sheri Polster Chappell on 8/17/2023. (BGS) Modified on 9/20/2023 to edit docket text (AJS).
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Filing 6
ENDORSED ORDER granting Plaintiff's motion to proceed in forma pauperis (Doc. #2). Plaintiff's Motion to Maintain Venue in This Fort Myers Division (Doc. #3) is denied as moot because there is no dispute regarding the proper venue for this action. Signed by Magistrate Judge Nicholas P. Mizell on 8/15/2023. (NMC)
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Filing 5
STANDING ORDER for all confined pro se litigants. Signed by All Divisional Judges on 8/14/2023. (WRW)
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Filing 4
CIVIL Action Order for Confined Plaintiff Signed by All Divisional Judges on 8/14/2023. (WRW)
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Filing 3
MOTION for Miscellaneous Relief, specifically to Maintain Venue in Fort Myers Division by David Charles Sussman. (Attachments: #1 Exhibit A)(JTM) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 2
MOTION to Proceed In Forma Pauperis by David Charles Sussman. (Attachments: #1 Attachments)(JTM) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 1
COMPLAINT against Shevaun Harris, Ashley Moody, Wellpath Recovery Solutions, LLC, Kathryn D. Weston filed by David Charles Sussman. (Attachments: #1 Exhibit)(JTM)
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