Day v. Inman
Plaintiff: James C. Day
Defendant: Renee Inman
Case Number: 8:2021cv00820
Filed: April 6, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: William F Jung
Referring Judge: Christopher P Tuite
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2021 Opinion or Order Filing 9 ENDORSED ORDER denying #8 Motion refund of filing fee. The judge checked with the Clerk of Court (who receives the fee). The law, Title 18 United States Code 1914, requires the Clerk to collect and keep the fee, and that law regrettably does not provide for a refund. Signed by Judge William F. Jung on 4/27/2021. (Jung, William)
April 26, 2021 Filing 8 MOTION for refund of filing fee by James C. Day. (AG)
April 20, 2021 Opinion or Order Filing 7 ENDORSED ORDER denying #6 Motion to Reopen Case. Plaintiff seeks this Court to grant money damages against and order recusal of a sitting state trial court judge for judicial acts on Plaintiff's ongoing civil state court case. The state court judge is sued in her official and individual capacity; among other things she has declined three times to recuse herself at Plaintiff's instance, and she has levied sanctions against Plaintiff. No doubt the judicial acts are frustrating to Plaintiff, and may even be in error. But, judicial officers sued for acts in their roles as judges enjoy absolute immunity for such conduct. See, e.g. McGee v. Griffin, 2020 WL2632329 (11th Cir. May 20, 2020); McCullough v. Finley, 907 F.3d 1324, 1333 (11th Cir. 2018); Alba v. Montford, 517 F.3d 1249, 1252 (11th Cir. 2018). The scope of judicial immunity is to be construed broadly. Stump v. Sparkman, 435 U.S. 349, 356 (1978). There is a Court that has appellate and general supervision authority over this state trial judge, as noted before. That Court is not this one. Signed by Judge William F. Jung on 4/20/2021. (Jung, William) Modified on 4/20/2021 (Jung, William).
April 19, 2021 Filing 6 MOTION for relief from judgment pursuant to Fed.R.Civ.P 60(b)(1)(6) and to Reopen Case by James C. Day. (AG)
April 9, 2021 Opinion or Order Filing 5 ENDORSED ORDER dismissing case with prejudice. Plaintiff is a civil litigant in Manatee County, Florida. He has an ongoing law suit there. The defendant is the presiding judge in that law suit. Plaintiff has received adverse rulings from this state court, and he contends that the rulings are unjust and unconstitutional. Plaintiff has moved that the presiding judge on his Manatee County case to recuse herself. She has denied recusal motions. Plaintiff asks the undersigned to enjoin this sitting state court judge and force her to recuse from his case. Plaintiff also seeks leave to overturn prior rulings in this Manatee civil suit, and seeks leave here to assert punitive damages against this judge sitting on his case. The undersigned has no authority to enjoin a state court judge concerning state court litigation ongoing. The undersigned has no power to force this judge to recuse from Plaintiff's case. The Eleventh Amendment, among other doctrines bar this. This is not a close question. Plaintiff should file a appropriate writ with the Florida Second District Court of Appeals, a court which does have supervisory jurisdiction over the Manatee County state court proceedings. Any amendment of this claim against this sitting state court judge in this federal court would be futile, and thus no amendment may occur. The Clerk will close this case. Signed by Judge William F. Jung on 4/9/2021. (Jung, William)
April 7, 2021 Filing 4 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (SAO)
April 7, 2021 Filing 3 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (SAO)
April 6, 2021 Filing 2 SUMMONS issued as to Renee Inman. (JLD)
April 6, 2021 Filing 1 COMPLAINT against Renee Inman with Jury Demand Filing fee $ 402.00, receipt number TPA-63566 filed by James C. Day.(JLD)

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