Cummings v. Crunk, et al
| Horace B. Cummings |
| Thomas Winters, Kasey M Paynter, D P Turner, Cindy G Nelson and James R Ryan |
| 3:2024cv00796 |
| August 7, 2024 |
| U.S. District Court for the Middle District of Florida |
| Jacksonville Office |
| Patricia D Barksdale |
| Marcia Morales Howard |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2025. A more recent docket listing may be available from PACER.
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| Filing 27 SUMMONS issued as to Cindy G Nelson, Kasey M Paynter, James R Ryan, D P Turner, Thomas Winters. (BGR) |
| Filing 26 NOTICE of Inquiry Regarding Copies re #23 Order by Horace B. Cummings. (MGB) Motions referred to Magistrate Judge Patricia D. Barksdale. Modified on 9/17/2024 to edit docket text (MDC). |
| Filing 25 NOTICE of change of address Reception & Medical Center by Horace B. Cummings (BD) |
| Filing 24 NOTICE of change of address by Horace B. Cummings (Attachments: #1 Mailing Envelope)(BGR) (Additional attachment(s) added on 8/26/2024: #1 Attachment) (BGR). (Modified on 8/26/2024, to edit text) (BGR). |
Filing 23
ORDER directing the plaintiff to serve the defendants with process or obtain their waiver of service of process by 11/15/2024, and provide the Court with certification of service or waivers for each defendant by 11/22/2024; directions to the clerk. Signed by Magistrate Judge Patricia D. Barksdale on 8/15/2024. (CAW)
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| Filing 22 NOTICE to pro se litigant. Signed by Magistrate Judge Patricia D. Barksdale on 8/9/2024. (CAW) |
| Filing 21 Case transferred in from District of Florida Northern; Case Number 4:24-cv-00194. File received electronically |
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Filing 20
ORDER ADOPTING THE MAGISTRATE JUDGE'S SECOND REPORT AND RECOMMENDATION. The magistrate judge's report and recommendation (ECF No. #17) is adopted and incorporated by reference in this order of the court. The clerk shall TRANSFER this action to the United States District Court for the Middle District of Florida, Jacksonville Division, for all further proceedings. Signed by SENIOR JUDGE WILLIAM STAFFORD on 8/7/2024. (rcb) [Transferred from flnd on 8/7/2024.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed Re: #17 REPORT AND RECOMMENDATION & #19 ORDER. (rcb)**Objections not filed by 07/29/2024** [Transferred from flnd on 8/7/2024.] |
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Filing 19
ORDER - Accordingly, it is ORDERED that Plaintiff's notice on inquiry, ECF No. #18, is answered in the affirmative and Plaintiff must immediately file objections to the pending Report and Recommendation if he opposes the recommendation to transfer this case. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/10/24. (sjb) [Transferred from flnd on 8/7/2024.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #18 NOTICE OF INQUIRY/NOTICE OF PAYMENT. (rcb) [Transferred from flnd on 8/7/2024.] |
| Filing 18 NOTICE OF INQUIRY/NOTICE OF PAYMENT by HORACE BENJAMIN CUMMINGS (rcb) [Transferred from flnd on 8/7/2024.] |
| Filing 17 SECOND REPORT AND RECOMMENDATION. In light of the foregoing, and pursuant to 28 U.S.C. 1406(a), it is respectfully RECOMMENDED that this case be transferred to the United States District Court for the Middle District of Florida, Jacksonville Division, for all further proceedings. R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 7/29/2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/1/2024. (rcb) [Transferred from flnd on 8/7/2024.] |
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Filing 16
ORDER. Plaintiff's second motion requesting leave to proceed in forma pauperis, ECF No. #14, is DENIED as moot. See ECF No. 12. Plaintiff's motion for an enlargement of time, ECF No. #13, is DENIED as moot. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/1/2024. (rcb) [Transferred from flnd on 8/7/2024.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #11 REPORT AND RECOMMENDATION. (rcb)**Objections to R&R ECF #11 not filed by 6/25/2024** [Transferred from flnd on 8/7/2024.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #15 FIRST AMENDED COMPLAINT. (rcb) [Transferred from flnd on 8/7/2024.] |
| Filing 15 FIRST AMENDED COMPLAINT against CINDY G NELSON, KASEY M PAYNTER, JAMES R RYAN, D P TURNER, THOMAS WINTERS, filed by HORACE BENJAMIN CUMMINGS. (rcb)** NO SERVICE COPY RECEIVED** . [Transferred from flnd on 8/7/2024.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #14 MOTION to Proceed in forma pauperis Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from flnd on 8/7/2024.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #13 MOTION FOR ENLARGEMENT OF TIME TO COMPLY WITH COURTS ORDER. Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from flnd on 8/7/2024.] |
| Filing 14 MOTION to Proceed in forma pauperis by HORACE BENJAMIN CUMMINGS. (rcb) [Transferred from flnd on 8/7/2024.] |
| Filing 13 MOTION FOR ENLARGEMENT OF TIME TO COMPLY WITH COURTS ORDER by HORACE BENJAMIN CUMMINGS. (rcb) [Transferred from flnd on 8/7/2024.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is no longer needed Re: 12 Filing Fee Received. **INCORRECT REFERRAL MADE** (rcb) Modified to add "incorrect referral made on 6/11/2024 (rcb). [Transferred from flnd on 8/7/2024.] |
| Filing 12 Filing fee: $ 405.00, receipt number 400002928. Fee status updated to paid. (rcb) [Transferred from flnd on 8/7/2024.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed Re: 12 Filing fee: $ 405.00, receipt number 400002928. Fee status updated to paid. (rcb) [Transferred from flnd on 8/7/2024.] |
| Filing 11 REPORT AND RECOMMENDATION. It is respectfully recommended that Plaintiff's motion for injunctive relief, ECF No. #9, be DENIED WITH PREJUDICE. The Clerk is directed to remand the case to the Undersigned Magistrate Judge for further proceedings. R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 6/25/2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/28/2024. (rcb) [Transferred from flnd on 8/7/2024.] |
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Filing 10
ORDER. Plaintiff's motion, "In Compliance with Court's Order," ECF No. #8, is GRANTED, in part, and DENIED in part. Plaintiff shall pay the filing fee no later than June 13, 2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/29/2024. (rcb) [Transferred from flnd on 8/7/2024.]
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| Set Deadline-#10- Notify Chambers /Filing Fee due by 6/13/2024. (rcb) [Transferred from flnd on 8/7/2024.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #9 EMERGENCY INJUNCTION, #8 IN COMPLIANCE WITH COURT ORDER/MOTION TO PAY THE FILING FEES. Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from flnd on 8/7/2024.] |
| Filing 9 EMERGENCY INJUNCTION by HORACE BENJAMIN CUMMINGS. (rcb) [Transferred from flnd on 8/7/2024.] |
| Filing 8 IN COMPLIANCE WITH COURT ORDER/MOTION TO PAY THE FILING FEES by HORACE BENJAMIN CUMMINGS. (rcb) [Transferred from flnd on 8/7/2024.] |
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Filing 7
ORDER. Plaintiffs "Request for Additional Pages," ECF No. #5, is DENIED. Plaintiff's amended complaint is due no later than June 13, 2024, The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than June 13, 2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/15/2024. (rcb) [Transferred from flnd on 8/7/2024.]
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| Set Deadline-Re: #7- Notify Chambers on /Amended Pleadings due by 6/13/2024. (rcb) [Transferred from flnd on 8/7/2024.] |
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Filing 6
ORDER. The Clerk of Court shall forward to Plaintiff a copy of this Order along with a civil rights complaint form for use by a prisoner plaintiff. No later than 6/13/2024, Plaintiff shall file an amended civil rights complaint, typed or clearly written, not exceeding 25 pages and on the Court form. If Plaintiff chooses to forgo his claims, he may file a notice of voluntary dismissal, pursuant to Fed. R. Civ. P. 41(a), by the same deadline, 6/13/2024. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than 6/13/2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/13/2024. (rcb)**FORMS FORWARDED AS DIRECTED** [Transferred from flnd on 8/7/2024.]
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| Filing 5 REQUEST FOR ADDITIONAL PAGES by HORACE BENJAMIN CUMMINGS. (rcb) [Transferred from flnd on 8/7/2024.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #5 REQUEST FOR ADDITIONAL PAGES. Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from flnd on 8/7/2024.] |
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Filing 4
ORDER. Plaintiff's motion to proceed in forma pauperis, ECF No. #2, is DENIED WITHOUT PREJUDICE.The Clerk of Court shall forward to Plaintiff a copy of this Order along with an IFP application for use by a prisoner plaintiff.Plaintiff must file a complete IFP application on the proper form or, alternatively, pay the $405.00 filing fee no later than June 7, 2024.The Clerk of Court shall return this file upon Plaintiff's compliance with this Order no later than June 7, 2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/7/2024. (rcb)**#4 & IFP FORM FORWARDED AS DIRECTED** [Transferred from flnd on 8/7/2024.]
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| Set Deadline- Notify Chambers /IFP Fee /Motions due by 6/7/2024. (rcb) [Transferred from flnd on 8/7/2024.] |
| Filing 3 Notice to Pro Se (rcb) [Transferred from flnd on 8/7/2024.] |
| Filing 2 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS by HORACE BENJAMIN CUMMINGS. (rcb) [Transferred from flnd on 8/7/2024.] |
| Filing 1 COMPLAINT against All Defendants, filed by HORACE BENJAMIN CUMMINGS. (rcb)**NO SERVICE COPY RECEIVED** [Transferred from flnd on 8/7/2024.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #1 COMPLAINT #2 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS. Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from flnd on 8/7/2024.] |
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