Aquino v. United States Department of Veterans Affairs et al
| Darren Aquino |
| United States Department of Veterans Affairs, Mary Howard Winter, Jose Rivero, David Nals, Marilyn Molina, David Post, Angela J. Jones and Unknown VA Fiduciary Officials |
| 2:2025cv00281 |
| April 9, 2025 |
| U.S. District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Civil Rights: Americans with Disabilities - Other |
| Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on September 26, 2025. A more recent docket listing may be available from PACER.
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Filing 45
ORDER of USCA as to #14 Notice of Appeal filed by Darren Aquino. EOD: 9/23/2025; USCA number: 25-11273. ORDER: Motion to proceed in forma pauperis filed by Appellant Darren Aquino is DENIED. (JTM)
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Filing 44
ENDORSED ORDER denying Plaintiff's motion to supplement the appellate record (Doc. #41). Plaintiff appeals this Court's order dismissing his complaint without prejudice. (Doc. #14). Any subsequent docket activity is not relevant to his appeal. Signed by Judge Sheri Polster Chappell on 6/16/2025. (JMM)
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Filing 43
ENDORSED ORDER. Plaintiff asks the Court to reinstate his case and to refer Judge Chappell's "conduct for disciplinary review." (Doc. #42). The Court denies Plaintiff's motion to reinstate his case. The Court will take no action on the referral request as this is not the proper procedure to do so. The Court again cautions Plaintiff that "further frivolous motions may result in sanctions." (Doc. 40). Signed by Judge Sheri Polster Chappell on 6/16/2025. (JMM)
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| Filing 42 MOTION to Reopen Case, MOTION for Reconsideration re #6 Order Dismissing Case, MOTION for Miscellaneous Relief, specifically compensatory relief. by Darren Aquino. (e-portal). (JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 41 MOTION titled Notice to Correct and Complete the Record re #14 Notice of Appeal by Darren Aquino. (e-portal) (JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 40
ENDORSED ORDER denying Plaintiff's motions for reconsideration under Rule 59(e). (Docs. #36, #37, #38). The motions appear to seek reconsideration of the Court's order denying Plaintiff's Rule 60 motion for reconsideration (Doc. #34). The motions provide no grounds warranting such relief, are frivolous, and warrant no further attention. Plaintiff is cautioned that further frivolous motions may result in sanctions. Signed by Judge Sheri Polster Chappell on 5/16/2025. (JMM)
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Filing 39
ENDORSED ORDER denying Plaintiff's motion to consolidate (Doc. #35). All three cases Plaintiff seeks to consolidate are closed. It appears Plaintiff intended to file this motion with the Eleventh Circuit to consolidate his appeals. Signed by Judge Sheri Polster Chappell on 5/16/2025. (JMM)
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| Filing 38 Third MOTION to Alter or Amend Judgment Under Rule 59(e) by Darren Aquino.(e-portal) (JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 37 Second MOTION to Alter or Amend Judgment Under Rule 59(e)Amend by Darren Aquino. (e-portal) (JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 36 MOTION to Alter or Amend Judgment Under Rule 59(e) by Darren Aquino. (e-portal) (JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 35 Amended MOTION to Consolidate Cases for Systemic Review of ADA Title II Violations, Retaliation, and Denial of Access to Court Under Constitutional Oath by Darren Aquino. (e-portal). (JTM) |
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Filing 34
ORDERED: Aquino's Rule 60(b) Motion to Vacate (Doc. #33) is DENIED. Signed by Judge Sheri Polster Chappell on 5/8/2025. (AEH)
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| Filing 33 MOTION to Vacate Judgment Under Rule 60 (b) and Request for Reinstatement Under Devoe and ADA Title II by Darren Aquino. (e-portal) (JTM) |
| Filing 32 NOTICE to Court-Judicial Bond Claim and ADA Misconduct Referral by Darren Aquino (Attachments: #1 Mailing Envelope)(ABM) |
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Filing 31
ENDORSED ORDER denying as moot #21 Plaintiff's Emergency Supplemental Motion for Injunctive Relief, Reinstatement, and Disability Recognition. The Court has dismissed this action, and the case is closed. The motion also seeks relief that the Court has already denied. Signed by Judge Sheri Polster Chappell on 4/22/2025. (JMM)
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| Filing 30 NOTICE of copies of documents mailed to USCA by Darren Aquino.(e-portal) (JTM) |
| Filing 29 NOTICE of copies of documents mailed to the USCA by Darren Aquino. (e-portal) (JTM) |
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Filing 28
ENDORSED ORDER denying #24 motion for permission to appeal in forma pauperis. The court previously considered and denied a request for leave to appeal in forma pauperis, in part, because the appeal is not taken in good faith. As such, the court noted that any request to proceed without prepaying fees and costs "must be sent directly to the Eleventh Circuit Court of Appeals. See Fed. R. App. P. 24(a)(5)." (Doc. #18 at 2). So this motion should be submitted to the Eleventh Circuit, rather than this court. Signed by Magistrate Judge Nicholas P. Mizell on 4/21/2025. (TLP)
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Filing 23
ENDORSED ORDER denying #9 "emergency" motion for judicial intervention; #10 and #16 "emergency" motions for appointment of counsel; and #19 and #20 motions for miscellaneous relief. For lack of subject-matter jurisdiction and because a pro se plaintiff cannot litigate claims on behalf of others, this case was dismissed. (Doc. #6). That was the second time these claims had been dismissed. (Doc. #6 at 1). The "emergency" motions are denied because none present an emergency. See Local Rule 3.01(e). Plaintiff Aquino is warned that these unwarranted designations expose him to sanctions, including a monetary fine. The "emergency" motions are also denied for the reasons discussed in the order dismissing this case. (Doc. #6). The motions for miscellaneous relief are denied because they purportedly relate to a clerk's notice advising litigants about Local Rule 1.11(e), which provides that any seal expires ninety days after a case is closed and all appeals are exhausted. But no item was sealed in this case, so there are no grounds to ask us to maintain any seal. It also appears that the motions for miscellaneous relief ask us to review rulings made by other courts. This is inappropriate for many reasons, not the least of which is that claims distinct from those presented in this case must be pursued in separate civil actions. Moreover, the appropriate vehicles for review of those matters are motions for relief filed in the respective trial courts and appeals in their respective appellate courts. Signed by Magistrate Judge Nicholas P. Mizell on 4/21/2025.
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Filing 18
ORDERED: Darren Aquino's motion for leave to appeal in forma pauperis (Doc. #15) is DENIED. The Clerk is DIRECTED to send a copy of this Order to the Clerk for the Eleventh Circuit Court of Appeals. Signed by Judge Sheri Polster Chappell on 4/18/2025. (AEH)
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| Filing 27 NOTICE Request for ADA Accommodations and Judicial Response by Darren Aquino. (e-portal) (JTM) |
| Filing 26 NOTICE final clarification and Plea for help by Darren Aquino. (e-portal) (JTM) |
| Filing 25 CERTIFICATE of interested persons and corporate disclosure statement by Darren Aquino. (e-portal) (JTM) Modified on 4/21/2025 to edit docket text. (WLB). |
| Filing 24 MOTION to Proceed In Forma Pauperis by Darren Aquino. (e-portal)(JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 22 NOTICE of Pending IFP Request and Obstruction of Access to Court Under ADA Title II by Darren Aquino. (e-portal) (Attachments: #1 Attachment)(JTM) |
| Filing 21 Emergency Supplemental MOTION for Injunction Relief, Reinstatement, and Disability Recognition Under ADA Title II by Darren Aquino. (e-portal) (Attachments: #1 Attachment)(JTM) |
| Filing 20 MOTION for Miscellaneous Relief, specifically to assign new case number by Darren Aquino. (e-portal) (Attachments: #1 Civil Cover Sheet)(JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 19 MOTION for Miscellaneous Relief, specifically for relief under Rule 1.11e Motion to seal for Appointment of Counsel by Darren Aquino. (e-portal) (Attachments: #1 Civil Cover Sheet)(JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 17 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 #14 Notice of Appeal. (JTM) |
| Filing 13 NOTICE request for emergency judicial review by Darren Aquino. (e-portal) (JTM) |
| Filing 12 NOTICE urgent request for assistance-courtesy service to the Supreme Court by Darren Aquino. (e-portal). (JTM) |
| Filing 11 NOTICE of inquiry by Darren Aquino. (e-portal) Clerk responded with a rejection response letter. (JTM) |
| Filing 8 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (KME) |
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Filing 7
ENDORSED ORDER denying as moot #3, #4 plaintiff's motions to proceed in forma pauperis and to appoint counsel as this case has been dismissed without prejudice (Doc. #6). Signed by Magistrate Judge Nicholas P. Mizell on 4/16/2025. (TLP)
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| Filing 16 Emergency MOTION to Appoint Counsel by Darren Aquino. (e-portal) (JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 15 MOTION to Appeal In Forma Pauperis by Darren Aquino. (e-portal) (JTM) |
| Filing 14 NOTICE OF APPEAL as to #6 Order Dismissing Case by Darren Aquino. Filing fee not paid. (e-portal) (JTM) |
| Filing 10 Emergency MOTION to Appointment of Appellate Counsel by Darren Aquino. (e-portal). (JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 6
ORDERED: This case is DISMISSED without prejudice. The Clerk is DIRECTED to deny all pending motions as moot, terminate any deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 4/15/2025. (AEH)
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| Filing 9 Emergency Motion for Judicial Intervention, Entry of ADA Protective Order, and Immediate Relief to Preserve Rights by Darren Aquino. (e-portal). (JTM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 5 CIVIL Action Order Signed by All Divisional Judges on 4/14/2025. (WRW) |
| Filing 4 MOTION to Appoint Counsel, MOTION for Miscellaneous Relief, specifically for ADA Title II Accommodations by Darren Aquino. (e-portal) (ABM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 3 MOTION to Proceed In Forma Pauperis by Darren Aquino. (e-portal) (ABM) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 2 Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Darren Aquino.(e-portal) (Chambers notified) (ABM) |
| Filing 1 COMPLAINT against All Defendants filed by Darren Aquino. (e-portal) (Chambers notified)(ABM) (Additional attachment(s) added on 4/9/2025: #1 Civil Cover Sheet, #2 Checklist) (ABM). |
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