Oscar v. FCC Coleman II USP et al
| Jean Erole Oscar and ZB |
| FCC Coleman II USP, FNU Kasmuke, United States of America, S Clements, H Wegner, S Cooke, H Flagg, Lyncoln Boodoo, A Johnson, C Kazmerski, R.C. Cheatham, R. Stephens-Clement, Dr. N. Stuart, K. Mercaldo, J.T. Taylor, S. Joans, A. Jackson, C. Rhodes, G. Gatlin, G. Colon, D. Luke, Kathy Lane, B. Fletcher, FNU Riva, J. Elite, K. Daniel, Robert N. Scola, Jr., Alejandra Lopez Lopez, Jeremy Thompson, W. White, United States Department of Justice, Lori Ablert, J. Clayton, W. Johnson, R. Danchise, A. Rich, J. Follis, T. Wise, V. Clements, J. Wills, A. Wegner, N. Fulcher, T. McIntosh, Case Manager Marks, Counselor Johnson, Jr., Graham Losses, Ms. Bershaw, Joshua Henderson, Helen Flagg, Case Manager Martha and J. Elias |
| FNU Wegner and FNU Clemens |
| 5:2022cv00233 |
| May 16, 2022 |
| U.S. District Court for the Middle District of Florida |
| Wendy W Berger |
| Philip R Lammens |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.
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Filing 51
ORDER: Oscar's Objection #49 is OVERRULED. Oscar's Motion for Relief from Judgment #50 is DENIED. Signed by Judge Wendy W. Berger on 7/14/2022. (RMF)
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| Filing 50 MOTION for Miscellaneous Relief, specifically for Relief from Judgment by Jean Erole Oscar. (Attachments: #1 Mailing Envelope)(LDJ) |
| Filing 49 OBJECTION re #44 Judgment - prisoner, #43 Order dismissing case by Jean Erole Oscar. (Attachments: #1 Mailing Envelope)(LDJ) |
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Filing 48
ORDER: Plaintiff's motion for injunctive relief #47 is STRICKEN. Again, the Court advises Plaintiff that this case is closed. See Order of Dismissal With Prejudice #43. If Plaintiff wants to pursue his claims, he may initiate a new civil rights case. Signed by Judge Wendy W. Berger on 7/7/2022. (RMF)
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Filing 46
ORDER: Plaintiff's Motion for Restraining Order #45 is STRICKEN. This case is closed. Plaintiff is further advised that all requests for relief, including injunctive relief, must be in the form of a pleading or a motion and must comply with the Federal Rules of Civil Procedure and the Local Rules of this Court. Signed by Judge Wendy W. Berger on 7/6/2022. (RMF)
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| Filing 47 MOTION for Miscellaneous Relief, specifically for Injunctive Relief by Jean Erole Oscar. (Attachments: #1 Supplement)(HAI) ***STRICKEN PER ORDER 48 Modified on 7/8/2022 (HAI). |
| Filing 45 MOTION for Temporary Restraining Order by Jean Erole Oscar. (Attachments: #1 Mailing Envelope)(LDJ) ***STRICKEN PER ORDER 46 Modified on 7/7/2022 (HAI). |
| Filing 44 JUDGMENT entered dismissing case with prejudice. Civil appeals checklist attached. (Signed by Deputy Clerk) (HAI) |
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Filing 43
ORDER: This case is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. 1915(e)(2)(B). The Clerk of Court shall enter judgment dismissing this case with prejudice, terminate any pending motions, and close the case. Signed by Judge Wendy W. Berger on 6/28/2022. (RMF)
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| Filing 42 MOTION for Writ of Habeas Corpus ad testificandum by Jean Erole Oscar. (RLK) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 41 FIFTH AMENDED COMPLAINT against Ms. Bershaw, C. Rhodes, R. Stephens-Clement, J.T. Taylor with Jury Demand. Terminating J. Clayton (Officer ), G. Colon (Food Service Assistance ), S Cooke (Nurse), K. Daniel (RDAP Specialist ), J. Elias, FCC Coleman II USP, Helen Flagg (RN), N. Fulcher (Nurse), G. Gatlin (Deputy Case Manager-Coordinator ), Joshua Henderson, A. Jackson (Unit Team), S. Joans (Trust Fund Supervisor ), A Johnson (Psychologist ), Counselor Johnson, Jr, C Kazmerski (Psychologist ), Kathy Lane (Warden, Low ), Graham Losses (Nurse), D. Luke (SILU Officer ), Case Manager Marks, Case Manager Martha, T. McIntosh (Assistant Warden), K. Mercaldo (A.H.S.A ), FNU Riva (SIS), N. Stuart (CP), A. Wegner (Shu Lieutenant), W. White (DHO ), J. Wills, Lyncoln Boodoo (NP) and R.C. Cheatham (Complex Warden) filed by Jean Erole Oscar. Related document: #38 Amended Complaint filed by Jean Erole Oscar. (Attachments: #1 Proposed Summons, #2 Proposed Subpoena, #3 Mailing Envelope)(LDJ) |
| Filing 40 OBJECTION re #35 Order on Motion for Miscellaneous Relief, Order on Motion for Reconsideration / Clarification. (RLK) |
| Filing 39 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Jean Erole Oscar. (Attachments: #1 Exhibit A)(LDJ) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 38 FOURTH AMENDED COMPLAINT against Lyncoln Boodoo, R.C. Cheatham, J. Clayton, G. Colon, S Cooke, K. Daniel, G. Gatlin, A. Jackson, S. Joans, A Johnson, C Kazmerski, Kathy Lane, D. Luke, K. Mercaldo(A.H.S.A. ), C. Rhodes, FNU Riva, R. Stephens-Clement, N. Stuart, J.T. Taylor, W. White, J. Wills, A. Wegner, N. Fulcher, T. McIntosh, Case Manager Marks, Counselor Johnson, Jr, Graham Losses, Ms. Bershaw, Joshua Henderson, Helen Flagg, Case Manager Martha, J. Elias Terminating V. Clements (Lieutenant ), R. Danchise (Case Manager ), J. Elite (Nurse ), H Flagg, B. Fletcher (Nurse ), J. Follis (Lieutenant ), W. Johnson (Lieutenant ), Alejandra Lopez Lopez (U.S. Attorney), K. Mercaldo (A.H.S.A. ), A. Rich (DHO ), Robert N. Scola, Jr (District Judge ), Jeremy Thompson (Assistant United States Attorney ), U.S. Department of Justice (Bureau of Prisons ), United States of America, FNU Wegner (Shu Lieutenant ), T. Wise (Officer ), Lori Ablert (Re-Entry (CEO) ) and S Clements filed by Jean Erole Oscar. Related document: #36 Amended Complaint filed by Jean Erole Oscar. (Attachments: #1 Mailing Envelope)(LDJ) |
| Filing 37 MOTION for Writ of Habeas Corpus ad prosequendum by Jean Erole Oscar. (LDJ) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 36 Third AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Jean Erole Oscar. (Attachments: #1 Mailing Envelope)(LDJ) Modified on 6/9/2022 (HAI). |
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Filing 35
ORDER: it is ORDERED that within 30 Days of the date of this Order, Plaintiff shall complete and file a civil rights complaint form, marking it as "Third Amended Complaint," in compliance with the December 16, 2021 Order #6. The Clerk is directed to send Plaintiff a blank civil rights complaint form. Therefore, it is FURTHER ORDERED that within 30 Days of the date of this Order, Plaintiff shall either: (1) file a complete application to proceed in forma pauperis, which includes a copy of his prison account statement for the six months preceding the filing of the complaint (the period between April 26, 2021, and October 26, 2021); or (2) pay the $402.00 filing fee. The Court directs the Clerk to mail Plaintiff an application to proceed in forma pauperis (prisoner filings) form. It is FURTHER ORDERED that Plaintiff's Motion/Letter #31 is DENIED. It is FURTHER ORDERED that Plaintiff's Notice of Request to the Clerk #32 is DENIED to the extent that Plaintiff requests a face-to-face meeting with a lawyer for legal assistance. It is FURTHER ORDERED that Plaintiff's Motion of Mandate Recall #33, in which he asks the Court to reconsider the Court's Order #25, is DENIED without prejudice to his right to file appropriate motions in compliance with the Local Rules of this Court after he fully complies with paragraphs 1 and 2 of this Order. Finally, Plaintiff is advised that all requests for relief must be in the form of a pleading or a motion and must comply with the Federal Rules of Civil Procedure and the Local Rules of this Court. Plaintiff's failure to timely comply with this Order may result in the dismissal of this case without further notice. Signed by Judge Wendy W. Berger on 6/6/2022. (RMF)
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| Filing 34 Second AMENDED COMPLAINT against S Clements, S Cooke, FCC Coleman II USP, H Flagg, Lyncoln Goodoo, A Johnson, C Kazmerski, United States of America, H Wegner with Jury Demand. filed by Jean Erole Oscar. Related document: #10 Amended Complaint filed by Jean Erole Oscar.(RLK) (HAI). |
| Filing 33 MOTION for Reconsideration re #26 Order dismissing case, #25 Order Reopening Case Terminate Motions by Jean Erole Oscar. (RLK) |
| Filing 32 MOTION for Miscellaneous Relief, specifically for Free Face to Face Legal Information Program by Jean Erole Oscar. (Attachments: #1 Mailing Envelope)(SPM) |
| Filing 31 MOTION for Miscellaneous Relief, specifically get adequate medical care titled "Motion/Letter" by Jean Erole Oscar. (RLK) |
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Filing 30
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 5/18/2022. (RMF)
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Filing 29
STANDING ORDER for all confined, pro se litigants. Signed by Magistrate Judge Philip R. Lammens on 5/16/2022. (LAB)
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| Filing 28 TRANSFER IN from the Southern District of Florida. Case assigned to District Judge Wendy W. Berger and Magistrate Judge Philip R. Lammens. New Case Number: 5:22-cv-00233-WWB-PRL. (LAB) |
| Filing 27 Case transferred in from District of Florida Southern; Case Number 1:21-cv-23786. File received electronically |
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Filing 26
ORDER TRANSFERRING CASE TO MIDDLE DISTRICT OF FLORIDA Closing Case. Motions terminated: #24 MOTION for Issuance of Summons filed by Jean Erole Oscar, #18 MOTION pursuant to Pending Lawsuit (CEF1-26) Complaints: (non exhausted remedy Rule 5.1, 5.2) Defense re #1 Complaint 42 USC 1983 or Bivens filed by Jean Erole Oscar. Signed by Judge Jose E. Martinez on 5/13/2022. See attached document for full details. (pcs) [Transferred from flsd on 5/16/2022.]
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Filing 25
OMNIBUS ORDER. Plaintiff's Motion for Leave to Proceed IFP, (ECF No. #12), is DENIED WITHOUT PREJUDICE. The Clerk is DIRECTED to provide Plaintiff with the IFP form. Plaintiff's Second Motion to Appoint Counsel, (ECF No. #13), is DENIED. Plaintiff's Motion for Judgment on the Pleadings, (ECF No. #16), is DENIED. Plaintiff's Motion/Writ of Transfer, (ECF No. #19), is DENIED. Plaintiff's Motion for Injunctive Relief, (ECF No. #23), is DENIED. The Clerk is DIRECTED to REOPEN this case pending screening. Signed by Judge Jose E. Martinez on 5/13/2022. See attached document for full details. (daa) [Transferred from flsd on 5/16/2022.]
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| Filing 24 REQUEST for Issuance of Summons by Jean Erole Oscar. (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 23 MOTION for Injunctive Relief pursuant to R.I.C.O. Person Act by Jean Erole Oscar. (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 22 NOTICE to the Court by Jean Erole Oscar (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 21 MEMO Admissible Evidence for Permanent Injunctive Relief pursuant to R.I.C.O. Person Act with Derivative Action pursuant to Fed.R.Civ.P. 23.1 by Jean Erole Oscar. (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 20 NOTICE of Filing Admissible Evidence by Jean Erole Oscar re #1 Complaint 42 USC 1983 or Bivens (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 19 MOTION/Writ of Transfer by Jean Erole Oscar. (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 18 EMERGENCY MOTION pursuant to Pending Lawsuit (ECF 1-26) Complaints: (non exhausted remedy Rule 5.1, 5.2) Defense re #1 Complaint 42 USC 1983 or Bivens by Jean Erole Oscar. (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 17 NOTICE of Filing Admissible Evidence by Jean Erole Oscar (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 16 MOTION for Judgment on the Pleadings by Jean Erole Oscar. (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 15 NOTICE of Filing Addendum by Jean Erole Oscar (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 14 NOTICE of Filing Discovery: First Request for Production of Documents by Jean Erole Oscar.(ls) [Transferred from flsd on 5/16/2022.] |
| Filing 13 Second MOTION to Appoint Counsel by Jean Erole Oscar. Responses due by 1/24/2022 (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Jean Erole Oscar. (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 11 MEMORANDUM of Law re #10 Amended Complaint/Amended Notice of Removal by Jean Erole Oscar. (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 10 AMENDED COMPLAINT against FCC Coleman II USP filed in response to Order Granting Motion for Leave, filed by Jean Erole Oscar. (Attachments: #1 Summon(s))(ls) [Transferred from flsd on 5/16/2022.] |
| Filing 9 NOTICE Pleading Fed.R.Civ.P. 8(a) Claim for Relief by Jean Erole Oscar (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 8 NOTICE to Plead Fed.R.Civ.P. 4(a) by Jean Erole Oscar (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 7 CLERK'S NOTICE of compliance re #6 Order. Copy of Order and forms mailed to Plaintiff. (daa) [Transferred from flsd on 5/16/2022.] |
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Filing 6
CORRECTED OMNIBUS ORDER. Plaintiff's Complaint, (ECF No. #1), is DISMISSED WITHOUT PREJUDICE. On or before Monday, January 31, 2022, Plaintiff shall file an amended complaint, labeled "Amended Complaint," that cures the deficiencies identified herein. The Clerk is DIRECTED to ADMINSITRATIVELY CLOSE this matter for statistical purposes only. This shall not affect the Parties' substantive rights. On or before Monday, January 31, 2022, Plaintiffs shall either pay the $402 filing fee, or file a motion for leave to proceed in forma pauperis. Plaintiff's Motion to Appoint Assistance of Counsel, (ECF No. #3), is DENIED. Plaintiff's Motion for Newly Discovered Evidence, (ECF No. #4), is DENIED. Signed by Judge Jose E. Martinez on 12/16/2021. See attached document for full details. (Attachments: #1 Complaint for Violation of Civil Rights (Prisoner), #2 IFP form) (daa) [Transferred from flsd on 5/16/2022.]
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Filing 5
OMNIBUS ORDER Dismissing #1 Complaint without prejudice. (Amended Complaint due by 1/31/2022); (Motion to Proceed in Forma Pauperis or Filing Fee due by 1/31/2022); denying #3 Motion to Appoint Counsel; denying #4 Motion for Newly Discovered Evidence; Administratively Closing Case. Signed by Judge Jose E. Martinez on 12/15/2021. See attached document for full details. (ls) [Transferred from flsd on 5/16/2022.]
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| Civil Case Terminated. Closing Case. (ls) [Transferred from flsd on 5/16/2022.] |
| Filing 4 MOTION for Newly Discovery Evidence by Jean Erole Oscar. (scn) [Transferred from flsd on 5/16/2022.] |
| Filing 3 MOTION to Appoint Assistance of Counsel by Jean Erole Oscar. Responses due by 11/23/2021. (scn) [Transferred from flsd on 5/16/2022.] |
| Filing 2 Judge Assignment to Judge Jose E. Martinez (daa) [Transferred from flsd on 5/16/2022.] |
| Filing 1 Complaint pursuant to Bivens against FCC Coleman II USP. Filing fee $ 402.00 (Filing fee not filed/IFP Motion not filed), filed by Jean Erole Oscar. (Attachments: #1 Exhibit A)(daa) [Transferred from flsd on 5/16/2022.] |
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