Barbati v. Flowers
Plaintiff: Nicholas Barbati
Defendant: Mark Flowers
Consolidated Defendant: Micah Scarborough
Case Number: 6:2023cv00537
Filed: March 23, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Wendy W Berger
Referring Judge: Daniel C Irick
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2023 Opinion or Order Filing 11 ORDER: Ruling on Plaintiff's motion to proceed in forma pauperis #2 is DEFERRED pending Plaintiff's filing, within TWENTY-ONE DAYS after the date of this order, of a completed Prisoner Consent and Financial Certificate. Plaintiff's motion to appoint counsel #4 is DENIED. Plaintiff's motion to vacate the consolidation order #9 is DENIED. Plaintiff's complaint #1 is DISMISSED without prejudice. Additionally, all claims raised in Case No. 6:23-cv-538-WWB-DCI, Doc. 1, except the claims against Defendant Scarborough for the use of excessive force on May 22, 2020, are DISMISSED without prejudice. The Clerk is directed to mail to Plaintiff a Prisoner Consent Form and Financial Certificate and a prisoner civil rights complaint form. Signed by Judge Wendy W. Berger on 5/18/2023. (RMF)
April 24, 2023 Filing 10 NOTICE of inquiry by Nicholas Barbati (Attachments: #1 Mailing Envelope)(KNC)
April 6, 2023 Filing 9 MOTION to Vacate Consolidation Order (see 6:23-cv-538-WWB-DCI) by Nicholas Barbati. (Attachments: #1 Mailing Envelope)(KNC)
March 30, 2023 Opinion or Order Filing 8 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 3/30/2023. (RMF)
March 29, 2023 Filing 7 Remark: Order entered in 6:23-cv-538-WWB-DCI to consolidate cases. All further entries shall be made in this case. (KNC)
March 23, 2023 Filing 6 Witness List by Nicholas Barbati. (KNC)
March 23, 2023 Filing 5 NOTICE to the Courts to take judicial notice by Nicholas Barbati. (KNC)
March 23, 2023 Filing 4 MOTION to Appoint Counsel by Nicholas Barbati. (KNC) Motions referred to Magistrate Judge Daniel C. Irick.
March 23, 2023 Filing 3 DEMAND for trial by jury by Nicholas Barbati. (KNC)
March 23, 2023 Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Mark Flowers. (Attachments: #1 Trust Fund Account Statement)(KNC) Motions referred to Magistrate Judge Daniel C. Irick.
March 23, 2023 Filing 1 COMPLAINT against Mark Flowers with Jury Demand filed by Nicholas Barbati. (Attachments: #1 Inmate Requests/Correspondence, #2 Mailing Envelope)(KNC)

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Plaintiff: Nicholas Barbati
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Defendant: Mark Flowers
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Consolidated defendant: Micah Scarborough
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