Gilliam v. Ward
| Shawn Mathis Gilliam |
| Laura Ward |
| 8:2024cv02885 |
| December 12, 2024 |
| U.S. District Court for the Middle District of Florida |
| William F Jung |
| Amanda Arnold Sansone |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
Docket Report
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This docket was last retrieved on December 16, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (LSS) |
| Filing 4 JUDGMENT in favor of Laura Ward against Shawn Mathis Gilliam. Signed by Deputy Clerk on 12/16/2024. (LSS) |
Filing 3
ENDORSED ORDER: Plaintiff, a detainee at the Falkenburg Road Jail, brought this civil-rights action against Judge Laura Ward of the Thirteenth Judicial Circuit Court. Plaintiff seeks an injunction directing Judge Ward to (1) dissolve a "no contact" order she issued against Plaintiff and (2) refrain from issuing further "no contact" orders against Plaintiff. Upon careful review, see 28 U.S.C. 1915A, the Court concludes that this action must be dismissed as frivolous. In certain limited circumstances, plaintiffs can obtain "declaratory or injunctive relief against a judicial officer under [42 U.S.C. ] 1983." Tarver v. Reynolds, 808 F. App'x 752, 754 (11th Cir. 2020). But "[i]n order to receive declaratory or injunctive relief, plaintiffs must establish that there was a violation, that there is a serious risk of continuing irreparable injury if the relief is not granted, and the absence of an adequate remedy at law." Bolin v. Story, 225 F.3d 1234, 1242 (11th Cir. 2000). Here, Plaintiff has an "adequate remedy at law" for the injuries allegedly caused by any "no contact" orders--he can appeal those orders at the appropriate time in the state appellate court. See Sibley v. Lando, 437 F.3d 1067, 1074 (11th Cir. 2005) ("[Plaintiff] is ineligible for equitable relief because he had access to the appellate process, a remedy at law, and, thus, his proposed claim for declaratory relief against Judges Schwartz and Goderich would have been futile."). Because a federal court cannot provide the relief Plaintiff seeks, the complaint #1 is dismissed as frivolous. Plaintiff's motion to proceed in forma pauperis #2 is denied as moot. The Clerk is directed to enter judgment against Plaintiff and CLOSE this case. Signed by Judge William F. Jung on 12/16/2024. (MWC)
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| Filing 2 MOTION to Proceed In Forma Pauperis by Shawn Mathis Gilliam. (Attachments: #1 Mailing Envelope)(LD) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 1 COMPLAINT and Request for Injunction against Laura Ward filed by Shawn Mathis Gilliam. (Attachments: #1 Exhibit, #2 Mailing Envelope)(LD) **No Service copies provided. Chambers Notified*** |
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| Plaintiff: Shawn Mathis Gilliam | |
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| Defendant: Laura Ward | |
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