Fleming v. Collier County Sheriff's Office et al
Plaintiff: Michael-Zahir David Fleming
Defendant: Collier County Sheriff's Office, Officer Tristan Allen, Officer Timothy Herrera, Sergeant Foster and Sheriff Kevin Rambosk
Case Number: 2:2025cv01154
Filed: December 12, 2025
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Nicholas P Mizell
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 1, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2026 Filing 25 MOTION to Dismiss for Failure to State a Claim by Tristan Allen, Foster, Timothy Herrera. (Jolly, Gregory)
May 29, 2026 Filing 26 NOTICE by Michael-Zahir David Fleming re #17 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Mailing Envelope)(SJD)
April 23, 2026 Opinion or Order Filing 24 ENDORSED ORDER denying as moot #15 Plaintiff's motion for court intervention regarding service of process as Plaintiff has served all Defendants. Signed by Magistrate Judge Nicholas P. Mizell on 4/23/2026. (RCD)
March 31, 2026 Filing 23 RESPONSE in Opposition re #17 MOTION to Dismiss for Failure to State a Claim filed by Michael-Zahir David Fleming. (Attachments: #1 Attachments, #2 Mailing Envelope)(JTM)
March 31, 2026 Filing 22 WAIVER of service returned executed on 3/31/2026 by Timothy Herrera as to Timothy Herrera. (Jolly, Gregory)
March 31, 2026 Filing 21 WAIVER of service returned executed on 3/31/2026 by Foster as to Foster. (Jolly, Gregory)
March 31, 2026 Filing 20 WAIVER of service returned executed on 3/31/2026 by Tristan Allen as to Tristan Allen. (Jolly, Gregory)
March 31, 2026 Filing 19 NOTICE of Lead Counsel Designation by Gregory James Jolly on behalf of Tristan Allen, Foster, Timothy Herrera. Lead Counsel: Gregory J. Jolly, Esquire. (Jolly, Gregory)
March 16, 2026 Filing 18 NOTICE regarding docket entries, operative pleading, and service of process by Michael-Zahir David Fleming (Attachments: #1 Mailing Envelope)(JTM)
March 13, 2026 Filing 17 MOTION to Dismiss for Failure to State a Claim by Kevin Rambosk. (Jolly, Gregory)
March 9, 2026 Filing 16 Notice and AFFIDAVIT of Michael-Zahir David Fleming, Invoking Full Faith and Credit, Constitutional Protections, Demand for Identification of Indemnifying Party, and Preservation of Rights by Michael-Zahir David Fleming. (Attachments: #1 Attachments, #2 Mailing Envelope)(JTM)
March 9, 2026 Filing 15 Notice and MOTION for Court Intervention Regarding Service of Process by Michael-Zahir David Fleming. (Attachments: #1 Attachments, #2 Mailing Envelope)(JTM)
February 27, 2026 Opinion or Order Filing 14 ENDORSED ORDER denying as moot Defendants' Motion to Dismiss (Doc. #11) because Plaintiff has filed a Second Amended Complaint (Doc. #13). See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999). Signed by Judge Sheri Polster Chappell on 2/27/2026. (JMM)
February 27, 2026 Opinion or Order Filing 12 DISREGARD, ENTERED IN ERROR. - - ENDORSED ORDER. This matter comes before the Court on sua sponte review of the file. Plaintiff did not timely respond to the Motion to Dismiss (Doc. #11). Local Rule 3.01(d) warns that "[i]f a party fails to timely respond, the motion is subject to treatment as unopposed." Because it does not appear Plaintiff is diligently prosecuting this action or opposing dismissal, the Court ORDERS Plaintiff to show cause--on or before March 6, 2026--why this case should not be dismissed for failure to prosecute. See Local Rule 3.10. To the extent Plaintiff's provided address is not current, he must update his address with the Court. See Guide for Proceeding Without a Lawyer, p. 15 (Feb. 10, 2022) ("If you change your name, phone number, or address, you must update your information with the court."). Failure to comply with this Order may result in the dismissal of this action without further notice. Signed by Judge Sheri Polster Chappell on 2/27/2026. (JMM) Modified on 2/27/2026 (JMM).
February 24, 2026 Filing 13 SECOND AMENDED COMPLAINT against All Defendants filed by Michael-Zahir David Fleming. (Attachments: #1 Mailing Envelope)(LF)
January 30, 2026 Filing 11 MOTION to Dismiss for Failure to State a Claim by Collier County Sheriff's Office, Kevin Rambosk. (Jolly, Gregory)
January 30, 2026 Filing 10 NOTICE of Appearance by Gregory James Jolly on behalf of Collier County Sheriff's Office, Kevin Rambosk (Jolly, Gregory)
January 6, 2026 Filing 9 SUMMONS issued as to Collier County Sheriff's Office. (JTM)
January 5, 2026 Filing 8 NOTICE by Michael-Zahir David Fleming. (Attachments: #1 Proposed Summons)(JTM) (Additional attachment(s) added on 1/8/2026: #2 Mailing Envelope) (LF). Modified docket text on 1/8/2026 (LF).
January 5, 2026 Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Michael-Zahir David Fleming. Related case(s): Yes (Attachments: #1 Mailing Envelope)(JTM)
January 5, 2026 Filing 6 AMENDED COMPLAINT against Tristan Allen, Collier County Sheriff's Office, Foster, Timothy Herrera, Kevin Rambosk with Jury Demand. Filed by Michael-Zahir David Fleming. Related document: #1 Complaint, filed by Michael-Zahir David Fleming. (Attachments: #1 Mailing Envelope)(JTM)
December 29, 2025 Filing 5 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Michael-Zahir David Fleming. (Attachments: #1 Mailing Envelope)(JTM)
December 18, 2025 Filing 4 CIVIL Action Order Signed by All Divisional Judges on 12/18/2025. (WRW)
December 15, 2025 Opinion or Order Filing 3 TEXT ORDER. Local Rule 3.03 requires that, with the first appearance, each party file a disclosure statement using the standard form from the clerk or the court's website. But plaintiff failed to do so. By December 29, 2025, plaintiff must file his disclosure statement using the standard form, which can be found at: https://www.flmd.uscourts.gov/form/disclosure-statement. Signed by Magistrate Judge Nicholas P. Mizell on 12/15/2025. (RCD)
December 12, 2025 Filing 2 SUMMONS issued as to Tristan Allen, Foster, Timothy Herrera, Kevin Rambosk. (JTM)
December 12, 2025 Filing 1 COMPLAINT against Tristan Allen, Collier County Sheriff's Office, Foster, Timothy Herrera, Kevin Rambosk with Jury Demand Filing fee $405.00, receipt number 17265 filed by Michael-Zahir David Fleming. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Mailing Envelope)(JTM)

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Plaintiff: Michael-Zahir David Fleming
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Defendant: Collier County Sheriff's Office
Represented By: Gregory James Jolly
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Defendant: Officer Tristan Allen
Represented By: Gregory James Jolly
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Defendant: Officer Timothy Herrera
Represented By: Gregory James Jolly
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Defendant: Sergeant Foster
Represented By: Gregory James Jolly
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Defendant: Sheriff Kevin Rambosk
Represented By: Gregory James Jolly
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