Capitaine v. Moody, et al.
| Miratel G Capitaine |
| Kathryn M Speicher, Ashley B Moody, Thomas Vincelette, Mike Doyle, Kimberly Weeks, Ryan Carpenter and DOC Officer |
| 6:2020cv01901 |
| October 15, 2020 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Roy B Dalton |
| Leslie R Hoffman |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 3, 2020. A more recent docket listing may be available from PACER.
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| Filing 35 Second Notice of OBJECTION re #34 Order pdf by Miratel G Capitaine by Miratel G Capitaine. (Attachments: #1 Mailing Envelope)(LDJ) |
Filing 34
ORDER: This case is DISMISSED without prejudice. Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2) is DENIED. The Clerk of the Court is directed to close this case. Signed by Judge Roy B. Dalton, Jr. on 10/19/2020. (BIA) (ctp)
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| Filing 33 NOTICE of designation under Local Rule 3.05 - Track 1. (BIA) (ctp) |
| Filing 32 TRANSFER IN from the Northern District of Florida. Case assigned to District Judge Roy B. Dalton, Jr. and Magistrate Judge Leslie R. Hoffman. New Case Number: 6:20-cv-01901-Orl-37LRH. (ALL) |
| Filing 31 Case transferred in from District of Florida Northern; Case Number 4:19-cv-00098. File received electronically |
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Filing 30
ORDER ACCEPTING #29 REPORT AND RECOMMENDATION. The #29 report and recommendation is accepted and adopted, as this Court's opinion. This case shall be transferred to the United States District Court for the Middle District of Florida, Orlando Division. The Clerk shall take all steps necessary to effect the transfer and close the file Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/14/2020. (rcb) [Transferred from flnd on 10/15/2020.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #29 REPORT AND RECOMMENDATION re #28 Complaint filed by MIRATEL G CAPITAINE - R&R flag set (rcb)**Objections to R&R not filed by 10/7/2020** [Transferred from flnd on 10/15/2020.] |
| Filing 29 REPORT AND RECOMMENDATION. It is respectfully RECOMMENDED that this case be transferred to the United States District Court for the Middle District of Florida, Orlando Division, for all further proceedings. Internal deadline for referral to district judge if objections are not filed earlier: 10/7/2020. R&R flag setSigned by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/9/2020. (rcb) [Transferred from flnd on 10/15/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #28 First Amended Complaint. Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from flnd on 10/15/2020.] |
| Filing 28 FIRST AMENDED COMPLAINT against RYAN CARPENTER, THOMAS VINCELETTE, KIMBERLY WEEKS, filed by MIRATEL G CAPITAINE. (rcb) [Transferred from flnd on 10/15/2020.] |
| Set Deadlines/Hearings Notify Chambers & Amended Pleadings due by 8/11/2020. (rcb) [Transferred from flnd on 10/15/2020.] |
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Filing 27
ORDER. Plaintiff's motion to an extension of time, ECF No. #26, is GRANTED. Plaintiff has until August 11, 2020, in which to comply with the prior amendatory Order, ECF No. #17, and either file a second amended complaint or a notice of voluntary dismissal. The Clerk of Court shall return this file upon receipt of Plaintiff's second amended complaint or no later than August 11, 2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/6/2020. (rcb) [Transferred from flnd on 10/15/2020.]
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| Filing 26 Motion for Extension of Time with Attachments by MIRATEL G CAPITAINE. (rcb) [Transferred from flnd on 10/15/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #26 Motion for Extension of Time Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from flnd on 10/15/2020.] |
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Filing 25
ORDER. The Clerk of Court shall forward to Plaintiff a copy of the Order entered on March 18, 2020. ECF No. #17. Plaintiff shall have until June 26, 2020, in which to comply with that Order, ECF No. #17. The Clerk of Court shall return this file upon receipt of Plaintiff's second amended complaint or no later than 6/26/2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/27/2020. (rcb)**Copy of ECF #17 & 1983 Complaint directed per ECF #17** [Transferred from flnd on 10/15/2020.]
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Filing 24
ORDER REJECTING #21 REPORT AND RECOMMENDATION. The #21 report and recommendation is rejected. This case is remanded to the Magistrate Judge for further proceedings. Signed by CHIEF JUDGE MARK E WALKER on 5/26/2020. (rcb) [Transferred from flnd on 10/15/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #24 ORDER REJECTING 21 REPORT AND RECOMMENDATION. (rcb) [Transferred from flnd on 10/15/2020.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #23 Notice of Objection (rcb) [Transferred from flnd on 10/15/2020.] |
| Filing 23 Notice of Objection to #21 Report and Recommendations by MIRATEL G CAPITAINE. (rcb) [Transferred from flnd on 10/15/2020.] |
| Filing 22 Mail Returned as Undeliverable. Mail sent to MIRATEL G CAPITAINE Re: #21 (rcb)**Address updated to Main 30, PO Box 4970, Orlando, Florida from 7000 HC Kelley Road, Orlando, Florida 32831-ECF 21 forwarded to new address** [Transferred from flnd on 10/15/2020.] |
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Filing 21
REPORT AND RECOMMENDATION - R&R flag set. It is respectfully RECOMMENDED that this case be DISMISSED for failure to prosecute and failure to comply with a Court Order. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 4/30/2020. Internal deadline for referral to district judge if objections are not filed earlier: 5/28/2020. (rcb) [Transferred from flnd on 10/15/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #17 Order. (rcb)**Notice of Voluntary Dismissal or Second Amended Complaint not received by 4/21/2020** [Transferred from flnd on 10/15/2020.] |
| Filing 20 Mail Returned as Undeliverable. Mail sent to MIRATEL G CAPITAINE Re: #18 (rcb)**Plaintiff out of DOC custody per DOC website on 4/17/2020** [Transferred from flnd on 10/15/2020.] |
| Filing 19 Mail Returned as Undeliverable. Mail sent to MIRATEL G CAPITAINE Re: #17 (rcb)***Plaintiff out of DOC custody per DOC website on 4/5/2020-awaiting return** [Transferred from flnd on 10/15/2020.] |
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Filing 18
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: 4:19cv98-MW/MAF. [Transferred from flnd on 10/15/2020.]
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Filing 17
ORDER.The Clerk of Court shall provide Plaintiff with another 1983 complaint form so Plaintiff can file a second amended complaint. Plaintiff must file a second amended complaint, which shall be typed or clearly written and submitted on court forms, by 4/21/2020. In the alternative, if Plaintiff no longer desires to proceed with this action or concedes that his claims are barred by Heck, Plaintiff must file a notice of voluntary dismissal by 4/21/2020. The Clerk shall return this file upon receipt of Plaintiff's compliance with this Order, or no later than 4/21/2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 3/18/2020. (rcb)** 1983 complaint form** [Transferred from flnd on 10/15/2020.]
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Filing 15
ORDER ON #12 REPORT AND RECOMMENDATION. Plaintiff's Motion for Leave to File Amended Complaint, ECF No. #14, is GRANTED. This Court DECLINES TO ADOPT the Report and Recommendation, ECF No. #12. This matter is hereby REMANDED to the United States Magistrate Judge for further proceedings. Signed by CHIEF JUDGE MARK E WALKER on 10/21/2019. (toy) [Transferred from flnd on 10/15/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #15 Order On Report and Recommendation. (toy) [Transferred from flnd on 10/15/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #16 Amended Complaint. (toy) [Transferred from flnd on 10/15/2020.] |
| Filing 16 FIRST AMENDED COMPLAINT against MIKE DOYLE, ASHLEY B MOODY, KATHRYN M SPEICHER, KIMBERLY WEEKS, THOMAS VINCELETTE, RYAN CARPENTER, filed by MIRATEL G CAPITAINE. (toy) [Transferred from flnd on 10/15/2020.] |
| Filing 14 MOTION for Leave to File Amended Complaint (Titled: Motion to Except Amended Complaint Form as Timely) by MIRATEL G CAPITAINE. (Attachments: #1 Amended Complaint) (toy) [Transferred from flnd on 10/15/2020.] |
| Filing 13 OBJECTION to #12 Report and Recommendation (Titled: Notice of Objection to Dismissal) by MIRATEL G CAPITAINE. (toy) [Transferred from flnd on 10/15/2020.] |
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Filing 12
REPORT AND RECOMMENDATION re #1 Complaint filed by MIRATEL G CAPITAINE - It is respectfully RECOMMENDED that this case be DISMISSED for failure to prosecute and failure to comply with a Court Order. R&R flag set. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 10/08/2019. Internal deadline for referral to district judge if objections are not filed earlier: 11/5/2019. (toy) [Transferred from flnd on 10/15/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #11 Order. *No amended pleading filed* (toy) [Transferred from flnd on 10/15/2020.] |
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**Duplicate - ORDER granting #10 Motion to Extend Time. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 6/13/2019. (erl) [Transferred from flnd on 10/15/2020.]
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| Filing 11 O R D E R. Plaintiff's motion for an extension of time, ECF No. #10, is GRANTED in part. The Clerk of Court shall provide Plaintiff with another 1983 complaint form so Plaintiff can file the amended complaint as previously explained. ECF No. #8. Plaintiff has until July 19, 2019, to file an amended civil rights complaint, which shall be typed or clearly written and submitted on court forms. The Clerk shall return this file upon receipt of Plaintiff's amended complaint or notice of voluntary dismissal, or no later than July 19, 2019. ( Notify Chambers on 7/19/2019., Amended Pleadings due by 7/19/2019., If Plaintiff no longer desires to proceed with this action, Plaintiff must file a Notice of Voluntary Dismissal- by 7/19/2019. action. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 06/13/2019.** 1983 Complaint Form mailed as directed** (rcb) [Transferred from flnd on 10/15/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #10 MOTION to Extend Time. Referred to CHARLES A STAMPELOS. (toy) [Transferred from flnd on 10/15/2020.] |
| Filing 10 MOTION for Extension Of Time by MIRATEL G CAPITAINE. (toy) [Transferred from flnd on 10/15/2020.] |
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Filing 9
ORDER GRANTING IN FORMA PAUPERIS STATUS. Plaintiff's motion for leave to proceed in forma pauperis, ECF No.#2, is DENIED. Plaintiff's amended in forma pauperis motion, ECF No. #7, is GRANTED and Plaintiff is not required to prepay the filing fee. The Clerk of Court shall mail a copy of this Order with appropriate cover letter, to: Department of Corrections, Office of the General Counsel, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. Fee status updated to in forma pauperis. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 05/06/2019. (toy) *Copies mailed as directed* [Transferred from flnd on 10/15/2020.]
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Filing 8
ORDER. The Clerk of Court shall forward to Plaintiff a 1983 complaint form if he desires to proceed with this case. Plaintiff has until June 7, 2019, to file an amended civil rights complaint. In the alternative, if Plaintiff no longer desires to proceed with this action, Plaintiff must file a notice of voluntary dismissal on or before June 7, 2019. The Clerk shall return this file upon receipt of Plaintiff's amended complaint or notice of voluntary dismissal, or no later than June 7, 2019.( Notify Chambers on 6/7/2019., Amended Pleading or Voluntary Dismissal due by 6/7/2019.) Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 05/06/2019. (toy) *Form provided as instructed* [Transferred from flnd on 10/15/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #7 Amended MOTION for Leave to Proceed in forma pauperis. Referred to CHARLES A STAMPELOS. (toy) [Transferred from flnd on 10/15/2020.] |
| Filing 7 Amended MOTION for Leave to Proceed in forma pauperis by MIRATEL G CAPITAINE. (toy) [Transferred from flnd on 10/15/2020.] |
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**Duplicate - ORDER granting #5 Motion to Extend Time. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 4/9/2019. (erl) [Transferred from flnd on 10/15/2020.]
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Filing 6
ORDER. Plaintiff's motion for an extension of time, ECF No. #5, is GRANTED. The Clerk of Court shall forward to Plaintiff another application for leave to proceed in forma pauperis. By April 30, 2019, Plaintiff must either: (1) file an amended in forma pauperis motion supported by a computer printout of his inmate bank account for the 6-month period of time prior to case initiation and a signed Prisoner Consent Form, or (2) pay the $400.00 filing fee. The Clerk of Court shall return this file upon receipt of Plaintiff's compliance with this Order, or no later than April 30, 2019.( Notify Chambers on 4/30/2019., Fee/IFP due by 4/30/2019.). Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 04/09/2019. (toy) *Forms mailed as instructed* [Transferred from flnd on 10/15/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #5 MOTION to Extend Time. Referred to CHARLES A STAMPELOS. (toy) [Transferred from flnd on 10/15/2020.] |
| Filing 5 MOTION for Extension Of Time And Court Order To The Institution by MIRATEL G CAPITAINE. (toy) [Transferred from flnd on 10/15/2020.] |
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Filing 4
ORDER. The Clerk of Court shall forward to Plaintiff another application for leave to proceed in forma pauperis. Plaintiff has until March 21, 2019, to either: (1) file an amended in forma pauperis motion supported by a computer printout of all transactions in his inmate bank account for 6-month period of time prior to case initiation and a signed Prisoner Consent Form, or (2) pay the $400.00 filing fee. The Clerk of Court shall return this file upon receipt of Plaintiff's compliance with this Order, or no later than March 21, 2019. ( Notify Chambers on 3/21/2019., Fee due by 3/21/2019.). Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 02/20/2019. *Forms mailed as instructed* (toy) [Transferred from flnd on 10/15/2020.]
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| Filing 3 Notice to Pro Se (toy) [Transferred from flnd on 10/15/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #1 Complaint, #2 MOTION for Leave to Proceed in forma pauperis. Referred to CHARLES A STAMPELOS. (toy) [Transferred from flnd on 10/15/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by MIRATEL G CAPITAINE. (toy) [Transferred from flnd on 10/15/2020.] |
| Filing 1 COMPLAINT against DOC OFFICER, MIKE DOYLE, ASHLEY B MOODY, KATHRYN M SPEICHER, KIMBERLY WEEKS, filed by MIRATEL G CAPITAINE. (5 service copies) (toy) [Transferred from flnd on 10/15/2020.] |
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