Gibson v. Inch, et al.
| Ernest R. Gibson, Jr. |
| Us District Court Northern Dist Of Fla, K Senter, Cesar Calderon-Gonzalez, P Proulx-Carroll, Mark Inch, J Kysler, Whalen, Reccio, D. Collins, Genya Plumley, John Doe, J Mccandlesc and T Plumley |
| 6:2020cv00892 |
| May 29, 2020 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Leslie R Hoffman |
| G Kendall Sharp |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 37 JUDGMENT in favor of Respondents against Petitioner (Signed by Deputy Clerk) (SPM) |
Filing 36
ORDER dismissing case for failure to state a claim on which relief may be granted. Plaintiff's Motion for Extension of Time #34 is denied. The Court has no authority to grant Plaintiff an extension of time to file a motion for new trial or for judgment of acquittal or an appeal. The Clerk of the Court is directed to enter judgment and close this case. Signed by Senior Judge G. Kendall Sharp on 6/15/2020. (SC)
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| Filing 35 NOTICE by Ernest R. Gibson, Jr (MEJ) |
| Filing 34 MOTION for Extension of Time to File a Motion for a New Trial, an Appeal or Motion for a Judgment of Acquittal by Ernest R. Gibson, Jr. (MEJ) |
| Filing 33 NOTICE of pendency of related cases re #31 Related case order and track 1 notice per Local Rule 1.04(d) by Ernest R. Gibson, Jr. Related case(s): yes (MEJ) |
| Filing 32 RESPONSE re #26 Report and Recommendation (Received by our court on 5/26/20 prior to Transfer of case). filed by Ernest R. Gibson, Jr. (MEJ) |
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Filing 31
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 1. Notice of pendency of other actions due within 14 days from the date of this order. Signed by Senior Judge G. Kendall Sharp on 5/29/2020. (copy mailed)(AKC)
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| Filing 30 TRANSFER IN from the Northern District of Florida. Case assigned to District Judge Sharp and Magistrate Judge Hoffman. New Case Number: 6:20-cv-892-ORL-18LRH. (MAA) |
| Filing 29 Case transferred in from District of Florida Northern; Case Number 4:19-cv-00469. File received electronically |
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Filing 28
ORDER ACCEPTING REPORT AND RECOMMENDATION - The #26 report and recommendation is accepted and adopted as this Court's opinion. This case is TRANSFERRED to the United States District Court for the Middle District of Florida, Orlando Division, for all further proceedings. The Clerk shall also close the file. Signed by CHIEF JUDGE MARK E WALKER on 5/27/2020. (cle) [Transferred from flnd on 5/29/2020.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed re: #26 REPORT AND RECOMMENDATION and #27 Agreement with Report and Recommendation. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 27 AGREEMENT with #26 Report and Recommendation, filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 26 REPORT AND RECOMMENDATION - re: #25 Amended Complaint. It is respectfully RECOMMENDED this action be transferred to the United States District Court for the Middle District of Florida, Orlando Division, for all further proceedings. R&R flag set. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/13/2020. Internal deadline for referral to district judge if objections are not filed earlier: 6/10/2020. (cle) [Transferred from flnd on 5/29/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: #25 Fourth Amended Complaint. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 25 FOURTH AMENDED COMPLAINT against D COLLINS, J KYSLER, RECCIO, and K SENTER, filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
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Filing 24
ORDER - Plaintiff's motion for an extension of time, ECF No. #23, is DENIED as moot. Plaintiff has until June 1, 2020, to file a fourth amended civil rights complaint. The Clerk of Court shall return this file upon Plaintiff's submission of his fourth amended complaint, or no later than June 1, 2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/1/2020. (cle) [Transferred from flnd on 5/29/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: #23 MOTION for Extension of Time. Referred to MARTIN A FITZPATRICK. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 23 MOTION for Extension of Time filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
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Filing 22
ORDER - The Clerk of Court shall forward to Plaintiff one additional 1983 complaint form so that Plaintiff can file a fourth amended complaint. Plaintiff has until June 1, 2020, to file a fourth amended civil rights complaint. Plaintiff's motion for an extension of time, ECF No. #18, is DENIED as moot. Plaintiff's motion for an extension of time, ECF No. #19, is DENIED as moot. Plaintiff's motion for an extension of time, ECF No. #20, is DENIED as moot. Plaintiff's motion for an extension of time, ECF No. #21, is DENIED as moot. Plaintiff's motion, ECF No. #17, requesting leave to proceed without payment of the assessed initial partial filing fee is GRANTED. The Clerk of Court shall return this file upon Plaintiff's compliance with this Order, or no later than June 1, 2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 4/28/2020. (cle) *** 1983 Complaint Form sent to the Plaintiff. *** [Transferred from flnd on 5/29/2020.]
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| Set Deadline - Amended Pleadings due by 6/1/2020. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 21 MOTION For Extension of Time, filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: #21 MOTION For Extension of Time. Referred to MARTIN A FITZPATRICK. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 20 MOTION For Extension of Time, filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: #20 MOTION For Extension of Time. Referred to MARTIN A FITZPATRICK. (cle) [Transferred from flnd on 5/29/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re:, #15 Amended Complaint,#16 Third Amended Complaint, #17 MOTION for Leave to Proceed in forma pauperis, #18 MOTION For Extension of Time and #19 MOTION For Extension of Time. Referred to MARTIN A FITZPATRICK. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 19 MOTION For Extension of Time, filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 18 MOTION For Extension of Time filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 17 MOTION for Leave to Proceed in forma pauperis filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 16 THIRD AMENDED COMPLAINT against D COLLINS, MARK INCH, J KYSLER, RECCIO, and K SENTER, filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 15 AMENDED COMPLAINT against D COLLINS, MARK INCH, J KYSLER, RECCIO, and K SENTER, filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
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Filing 14
ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE MARTIN A FITZPATRICK for all further proceedings. MAGISTRATE JUDGE CHARLES A STAMPELOS no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 4/3/2020. (erl)**Please use the new judge's initials for all future filings: 4:19cv469-MW/MAF. [Transferred from flnd on 5/29/2020.]
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**Duplicate - ORDER denying #11 Motion to Extend Time. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 3/31/2020. (lsd) [Transferred from flnd on 5/29/2020.]
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Filing 13
ORDER - The Clerk of Court shall forward to Plaintiff a 1983 complaint form so that Plaintiff can file a third amended complaint. Plaintiff has until 4/30/2020, to file a third amended civil rights complaint. Plaintiff's motion for an extension of time, ECF No. #11, is DENIED as moot. See ECF No. #10. Plaintiff has until 4/13/2020, to pay the previously assessed initial partial filing fee. The Clerk of Court shall return this file upon Plaintiff's compliance with this Order, or no later than 4/30/2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 3/31/2020. (cle) *** 1983 Complaint Form sent to the Plaintiff. *** [Transferred from flnd on 5/29/2020.]
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| Filing 12 SECOND AMENDED COMPLAINT against D COLLINS, JOHN DOE, MARK INCH, J KYSLER, and K SENTER, filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: #11 MOTION to Extend Time, #12 Second Amended Complaint. Referred to CHARLES A STAMPELOS. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 11 MOTION to Extend Time, filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
| Set Deadline - Amended Pleadings due by 4/13/2020. Partial Intitial Filing Fee due by 4/13/2020. (cle) [Transferred from flnd on 5/29/2020.] |
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Filing 10
ORDER - The Clerk of Court shall forward to Plaintiff a 1983 complaint form so that Plaintiff can file a second amended complaint. Plaintiff has until April 13, 2020, to file a second amended civil rights complaint. Plaintiff's motion for an extension of time, ECF No. #9, is GRANTED. Plaintiff has until April 13, 2020, to pay the previously assessed initial partial filing fee. Plaintiff's successive motion for in forma pauperis status, ECF No. #7, is denied as moot. See ECF No. #5. The Clerk of Court shall return this file upon Plaintiff's compliance with this Order, or no later than April 13, 2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 3/12/2020. (cle) *** 1983 Complaint Form sent to the Plaintiff. *** [Transferred from flnd on 5/29/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: #9 MOTION For Extension of Time. Referred to CHARLES A STAMPELOS. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 9 MOTION For Extension of Time, filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: #7 MOTION for Leave to Proceed in forma pauperis and #8 Amended Complaint. Referred to CHARLES A STAMPELOS. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 8 FIRST AMENDED COMPLAINT against CESAR CALDERON-GONZALEZ, MARK INCH, J MCCANDLESC, GENYA PLUMLEY, T PLUMLEY, and P PROULX-CARROLL, filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
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Filing 6
ORDER - re: #1 Complaint. The Clerk of Court shall forward to Plaintiff a 1983 complaint form so that Plaintiff can file the amended complaint. Plaintiff has until 3/23/2020, to file an amended civil rights complaint. The Clerk of Court shall return this file upon Plaintiff's compliance with this Order, or no later than 3/23/2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 2/21/2020. (cle) *** Complaint sent to Plaintiff. *** [Transferred from flnd on 5/29/2020.]
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Filing 5
ORDER GRANTING IN FORMA PAUPERIS STATUS - Plaintiff's in forma pauperis motion, ECF No. #4, is GRANTED to the extent Plaintiff is not required to prepay the $350.00 filing fee. Plaintiff is assessed an initial partial filing fee of $1.33. Plaintiff has until 3/24/2020, to submit the initial partial filing fee. The Clerk of Court shall mail this Order with an appropriate cover letter to: Department of Corrections, Office of the General Counsel, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The Clerk of Court shall send to Plaintiff a copy of the Prisoner Consent Form (included in the prisoner in forma pauperis application packet), along with this Order. Plaintiff must sign and return the Prisoner Consent Form no later than 3/24/2020. The Clerk of Court shall return this file upon payment of the assessed initial partial filing fee and Plaintiff's compliance with this Order, or no later than 3/24/2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 2/21/2020. (cle) *** Prisoner Consent Form sent to Plaintiff. This Order and Cover Letter sent to FDOC. *** [Transferred from flnd on 5/29/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: #4 MOTION for Leave to Proceed in forma pauperis. Referred to CHARLES A STAMPELOS. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by ERNEST R GIBSON. (cle) [Transferred from flnd on 5/29/2020.] |
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Filing 3
ORDER - re: #1 Complaint. The Clerk of Court shall forward to Plaintiff an application packet for requesting leave to proceed in forma pauperis. Plaintiff has until 2/7/2020, to either: (1) file a motion requesting leave to proceed in forma pauperis or (2) pay the full amount of the filing fee ($400.00 if paid in full). The Clerk of Court shall return this file upon receipt of Plaintiff's compliance with this Order, or no later than 2/7/2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 1/7/2020. (cle) *** IFP sent to the Plaintiff. *** [Transferred from flnd on 5/29/2020.]
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| Filing 2 Notice to Pro Se. (cle) [Transferred from flnd on 5/29/2020.] |
| Filing 1 COMPLAINT against MARK INCH, US DISTRICT COURT NORTHERN DIST OF FLA, and WHALEN, filed by ERNEST R GIBSON. (cle) *** No Service Copies filed. No filing fee paid or IFP filed. *** [Transferred from flnd on 5/29/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: #1 Complaint. (cle) [Transferred from flnd on 5/29/2020.] |
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