Diaz v. Rosado
| Hector Ivan Diaz |
| Rodrick Williams, R.J. Tibbits, Blanca Rosado, Officer John Doe 1-5, John Doe Defendants 1-10, Theresa Shammas, Leilani Diaz, Hugh Mason and Blanca Padilla |
| 3:2026cv00707 |
| March 25, 2026 |
| U.S. District Court for the Middle District of Florida |
| Jacksonville Office |
| Marcia Morales Howard |
| Laura Lothman Lambert |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 22, 2026. A more recent docket listing may be available from PACER.
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Filing 30
ENDORSED ORDER granting doc. #27 Motion for Leave to File Amended Verified Complaint. The Court's Report and Recommendations, doc. #18, is vacated. The Clerk of Court is directed to docket the amended complaint, doc. [27-1], as of today's date. Signed by Magistrate Judge Laura Lothman Lambert on 5/22/2026. (BJR)
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Filing 29
ORDER denying as moot #21 Plaintiff's Renewed Emergency Motion for Preliminary Injunction Pursuant to Fed. R. Civ. P. 65 and Local Rule 6.02. Signed by Judge Marcia Morales Howard on 5/22/2026. (JW)
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| Filing 28 SECOND RENEWED EMERGENCY MOTION Pending Court approved Leave to file verified Complaint and this Request of a Preliminary Injunction by Hector Ivan Diaz. (Division Managers Notified) (AW) Modified text on 5/21/2026 (AW). |
| Filing 27 MOTION for Leave to file Amended verified Complaint #20 Amended Complaint by Hector Ivan Diaz. (Attachments: #1 Verified Second Amended Complaint)(AW) Motions referred to Magistrate Judge Laura Lothman Lambert. |
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Filing 23
ENDORSED ORDER striking doc. #20 Verified Complaint and Second Amended Complaint. After amending his complaint once as a matter of course, plaintiff may thereafter amend his complaint only with either "the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(1)-(2). Because defendants have not yet been served, plaintiff may amend his complaint only with leave of court, which he was not granted. Therefore, his amended complaint, doc. #20, is improper. The Clerk of Court is directed to strike doc. #20 from the official Court record. Signed by Magistrate Judge Laura Lothman Lambert on 5/14/2026. (BJR)
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| Filing 26 NOTICE of supplemental financial information in Support of re #25 MOTION to Proceed In Forma Pauperis by Hector Ivan Diaz. (AW) |
| Filing 25 MOTION to Proceed In Forma Pauperis by Hector Ivan Diaz. (AW) Motions referred to Magistrate Judge Laura Lothman Lambert. |
| Filing 24 RESPONSE in Opposition to re #18 REPORT AND RECOMMENDATIONS re #7 MOTION to Proceed In Forma Pauperis filed by Hector Ivan Diaz. filed by Hector Ivan Diaz. (AW) |
| Filing 22 OBJECTION to #18 Report and Recommendations by Hector Ivan Diaz. (AW) |
| Filing 21 RENEWED EMERGENCY MOTION for Preliminary Injunction by Hector Ivan Diaz. (Chambers notified) (Attachments: #1 Mailing Envelope)(ELA) |
| Filing 20 STRICKEN PER ORDER 23 SIXTH AMENDED COMPLAINT against Blanca Rosado, R.J. Tibbits, Rodrick Williams, John Doe Defendants 1-10, Theresa Shammas, Leilani Diaz, Hugh Mason, Blanca Padilla with Jury Demand. Terminating Jacksonville Sheriff's Office, A.E. Meyers (ID#73871), Andrew Wick (Attendant at Jury Trial), Green (ID#77015, In Official Capacity ) and Henderson (ID#3767) filed by Hector Ivan Diaz. (Attachments: #1 Mailing Envelope)(ELA) Modified on 5/14/2026 to edit docket text (MSN). |
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Filing 19
ENDORSED ORDER denying #15 Plaintiff's Emergency Motion for Preliminary Injunction Fed. R. Civ. P. 65 due to Plaintiff's failure to comply with the requirements of Rule 65 of the Federal Rules of Civil Procedure and Rule 6.02 of the Local Rules, United States District Court, for the Middle District of Florida. Signed by Judge Marcia Morales Howard on 5/6/2026. (JW)
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| Filing 18 REPORT AND RECOMMENDATIONS regarding doc. #7 Motion to Proceed In Forma Pauperis. Signed by Magistrate Judge Laura Lothman Lambert on 5/5/2026. (BJR) |
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Filing 17
ORDER denying without prejudice docs. #11, #12 Plaintiff's Motion to E[-]File and Motion to Reopen Case and Vacate Transfer Order; denying as moot doc. #10 Plaintiff's Motion for Reconsideration of Transfer Order and/or Motion for Remote Proceedings Accommodation; and granting doc. #13 Plaintiff's Motion for Leave to File Amended Complaint. The operative pleading in this matter is the Amended Complaint, doc. #16. See Order for details. Signed by Magistrate Judge Laura Lothman Lambert on 4/21/2026. (BJR)
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| Filing 16 AMENDED COMPLAINT for Damages and Injunctive Relief against John Doe 1-5, Green, Henderson, Jacksonville Sheriff's Office, A.E. Meyers, R.J. Tibbits, Andrew Wick, Rodrick Williams filed by Hector Ivan Diaz. Related document: #14 Amended Complaint filed by Hector Ivan Diaz.(AW) |
| Filing 15 Emergency MOTION for Preliminary Injunction by Hector Ivan Diaz. (AW) |
| Filing 14 FOURTH AMENDED COMPLAINT upon Judges after a Dismissal of Related Case against Green, Henderson, Jacksonville Sheriff's Office, A.E. Meyers, Blanca Rosado, R.J. Tibbits, Rodrick Williams, Andrew Wick (Attendant at Jury Trial), John Doe 1-5 with Jury Demand. Terminating JSO Sheriff of Duval County (In Official Capacity), Blanca Rosado Diaz (In Official Capacity) and William D Grauel (In Official Capacity) filed by Hector Ivan Diaz. Related document: #6 Amended Complaint, filed by Hector Ivan Diaz. (Attachments: #1 Exhibit)(AW) |
| Filing 13 MOTION for Leave to File Amend #6 Amended Complaint, by Hector Ivan Diaz. (AW) Motions referred to Magistrate Judge Laura Lothman Lambert. |
| Filing 12 MOTION to Reopen Case and MOTION to Vacate Transfer #5 Order by Hector Ivan Diaz. (AW) Motions referred to Magistrate Judge Laura Lothman Lambert. |
| Filing 11 MOTION to E-file by Hector Ivan Diaz. (AW) |
| Filing 10 MOTION for Reconsideration of Transfer Order and/or Motion for Remote Proceedings Accommodation re #5 Order by Hector Ivan Diaz. (AW) |
| Filing 8 TRANSFER IN from Tampa Division on 03/30/2026 Case Number 8:26-cv-805. Case assigned to District Judge Howard and Magistrate Judge Lambert. New Case Number: 3:26-cv-707-MMH-LLL. Motion(s) referred to Magistrate Judge Laura Lothman Lambert. (RPB) |
| Filing 9 PROPOSED summons to be issued by Hector Ivan Diaz. (AW) |
| Filing 7 MOTION to Proceed In Forma Pauperis by Hector Ivan Diaz. (AW) Motions referred to Magistrate Judge Natalie Hirt Adams. |
| Filing 6 THIRD AMENDED COMPLAINT against Blanca Rosado, JSO Sheriff of Duval County, Rodrick Williams, R.J. Tibbits, A.E. Meyers, Henderson, Green, William D Grauel with Jury Demand. Terminating Jacksonville Sheriff's Office filed by Hector Ivan Diaz. Related document: #4 Amended Complaint filed by Hector Ivan Diaz. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(AW) |
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Filing 5
ORDER: The Clerk is DIRECTED to transfer this action to the Jacksonville Division for all further proceedings and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 3/30/2026. (PBH)
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| Filing 4 SECOND AMENDED COMPLAINT against Blanca Rosado, Jacksonville Sheriff's Office with Jury Demand. filed by Hector Ivan Diaz. Related document: #1 Complaint filed by Hector Ivan Diaz.(AW) |
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Filing 3
ENDORSED ORDER: Upon review, the Court finds that plaintiff's complaint (Doc. #1) constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off. , 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, the plaintiff's complaint and attached document--a 168-page transcript of state family court proceedings--are "replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action." See id. at 1321-22. Federal Rule of Civil Procedure 8(a) requires that a complaint include "a short and plain statement of the claim showing that the pleader is entitled to relief." The claims should also be stated "in numbered paragraphs, each limited as far as practicable to a single set of circumstances." Fed. R. Civ. P. 10(a). Plaintiff's complaint satisfies neither requirement, and does not explain any of the circumstances surrounding the alleged conversion. Accordingly, the plaintiff's complaint is DISMISSED without prejudice, and the #2 Motion to Proceed In Forma Pauperis is DENIED as moot. Plaintiff is granted leave to file an amended complaint no later than April 9, 2026. If the plaintiff files an amended complaint, he must either pay the filing fee or file a motion to proceed in forma pauperis. Signed by Judge Kathryn Kimball Mizelle on 3/26/2026. (PBH)
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| Filing 2 MOTION to Proceed In Forma Pauperis by Hector Ivan Diaz. (AW) Motions referred to Magistrate Judge Natalie Hirt Adams. |
| Filing 1 COMPLAINT against Blanca Rosado with Jury Demand filed by Hector Ivan Diaz. (Attachments: #1 Exhibit)(AW) |
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