Valdez v. Swearingen et al
Petitioner: Christopher Valdez
Respondent: Richard Swearingen, David Quigley, Daniel Chu, Sean Brandenburg, Thomas Stutz, Pete Cummings and Robert Bourque
Case Number: 8:2023cv01232
Filed: June 1, 2023
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Steven D Merryday
Referring Judge: Julie S Sneed
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 5, 2023 Filing 16 JUDGMENT: Pursuant to this Court's Order, entered July 3, 2023, judgment is hereby entered DISMISING this case without prejudice. Signed by Deputy Clerk on 7/5/2023. (BD)
July 3, 2023 Opinion or Order Filing 15 Order dismissing #1 civil rights complaint because, under 28 U.S.C. 1915(e), the complaint fails to state a claim on which relief may be granted. This dismissal is without prejudice to Valdez's re-filing a Section 1983 complaint if he succeeds in having the convictions vacated. The clerk must enter a judgment of dismissal against Valdez and CLOSE this case. Signed by Judge Steven D. Merryday on 7/3/2023. (RO)
June 20, 2023 Opinion or Order Filing 14 ORDER granting #13 Motion to Proceed In Forma Pauperis to the extent that the action may proceed without the prepayment of the entire filing fee. Based on the information in the motion for leave to proceed in forma pauperis (Doc. 13), Valdez must pay an initial installment of $35 as provided in 28 U.S.C. 1915(b)(l)(A). However, Valdez is assessed the total $350.00 filing fee. The clerk must mail a copy of this order to the Administrator of the Inmate Trust Fund Account, c/o Monroe County Sheriff 's Office, 5525 College Road, Key West, Florida, 33040, who must place a lien on the inmate's trust account for court costs and filing fees due. See order for further details. Signed by Judge Steven D. Merryday on 6/20/2023. (RO)
June 12, 2023 Filing 13 MOTION to Proceed In Forma Pauperis by Christopher Valdez. (Attachments: #1 Mailing Envelope)(CTR) Motions referred to Magistrate Judge Julie S. Sneed.
June 1, 2023 Filing 12 TRANSFER IN from the Southern District of Florida (Key West). Case assigned to District Judge Steven D. Merryday and Magistrate Judge Julie S. Sneed. New Case Number: 8:23-cv-1232-SDM-JSS. (AG)
June 1, 2023 Filing 11 Case transferred in from District of Florida Southern; Case Number 4:23-cv-10020. File received electronically
May 30, 2023 Opinion or Order Filing 10 ORDER Transferring Case to the Middle District of Florida, Closing Case. Signed by Judge Darrin P. Gayles on 5/30/2023. See attached document for full details. (pc) [Transferred from flsd on 6/1/2023.]
May 23, 2023 Filing 9 NOTICE of Inquiry by Christopher Valdez. (mailed copy of docket sheet). (pc) [Transferred from flsd on 6/1/2023.]
May 16, 2023 Opinion or Order Filing 8 ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE. Plaintiff's Motions for Leave to Proceed IFP [ECF Nos #3, #5, #7] are DENIED WITHOUT PREJUDICE. On or before June 16, 2023, Plaintiff shall either pay the $402 filing fee or renew his IFP motion and attach a certified copy of his prison/jail account statement from each facility at which he was confined for the six-month period immediately preceding the filing of the Complaint. This must be a full statement of all deposits and withdrawals, not just a summary. The Clerk is DIRECTED to provide the short-form IFP motion form to Plaintiff. Signed by Judge Darrin P. Gayles on 5/16/2023. See attached document for full details. (Attachments: #1 IFP Form) (daa) [Transferred from flsd on 6/1/2023.]
May 4, 2023 Filing 7 MOTION for Leave to Proceed in forma pauperis by Christopher Valdez. (pc) [Transferred from flsd on 6/1/2023.]
May 4, 2023 Filing 6 SECOND AMENDED COMPLAINT against Pete Cummings, Robert Bourque, filed by Christopher Valdez.(pc) [Transferred from flsd on 6/1/2023.]
April 12, 2023 Filing 5 MOTION for Leave to Proceed in forma pauperis by Christopher Valdez. (drz) [Transferred from flsd on 6/1/2023.]
April 12, 2023 Filing 4 AMENDED COMPLAINT Under The Civil Rights Act 42 U.S.C. 1983 against Sean Brandenburg, Thomas Stutz, filed by Christopher Valdez. (Attachments: #1 Exhibit)(drz) [Transferred from flsd on 6/1/2023.]
March 24, 2023 Filing 3 MOTION for Leave to Proceed in forma pauperis by Christopher Valdez. (daa) [Transferred from flsd on 6/1/2023.]
March 24, 2023 Filing 2 Judge Assignment to Judge Darrin P. Gayles. (daa) [Transferred from flsd on 6/1/2023.]
March 24, 2023 Filing 1 Complaint pursuant to 42 USC 1983 against Sean Brandenburg, Daniel Chu, David Quigley, Thomas Stutz, Richard Swearingen. Filing fee $ 402.00. IFP Filed, filed by Christopher Valdez. (Attachments: #1 Exhibit)(daa) [Transferred from flsd on 6/1/2023.]

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Petitioner: Christopher Valdez
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Respondent: Richard Swearingen
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Respondent: David Quigley
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Respondent: Daniel Chu
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Respondent: Sean Brandenburg
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Respondent: Thomas Stutz
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Respondent: Pete Cummings
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Respondent: Robert Bourque
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