McCarter v. Aventura Bay Place Assisted Living Facility et al
| Joseph McCarter |
| Aventura Bay Place Assisted Living Facility, Aventura Holdings Group, Karri Ann Wiley and Senior Administrator John Doe |
| 8:2026cv01148 |
| April 21, 2026 |
| U.S. District Court for the Middle District of Florida |
| Steven D Merryday |
| Thomas G Wilson |
| Other Statutory Actions |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
This docket was last retrieved on June 9, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 7
ENDORSED ORDER: The report and recommendation (Doc. 4) is ADOPTED and the complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. No later than JUNE 30, 2026, the plaintiff may amend the complaint. Litigation in federal court is difficult and requires timely compliance with applicable rules, including the Federal Rules of Civil Procedure, the Local Rules, the Federal Rules of Evidence, and several procedural, discovery, and other orders. A judge cannot assist a party, even a pro se party, in conducting an action. Therefore, the plaintiff is strongly advised to obtain legal advice and assistance--preferably full representation--from a member of The Florida Bar. To the extent he intends to continue to represent himself in this action, the plaintiff should familiarize himself with both the Federal Rules of Civil Procedure at https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-civil-procedure and the Local Rules for the Middle District of Florida at https://www.flmd.uscourts.gov/local-rules, a copy of each of which is available in the clerk's office on the second floor of the Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, Florida. Also, the plaintiff can consult the "Litigants Without Lawyers" guide at https://www.flmd.uscourts.gov/litigants-without-lawyers. Signed by Judge Steven D. Merryday on 6/9/2026. (BES)
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Filing 6
ENDORSED ORDER denying without prejudice #3 Motion to Proceed In Forma Pauperis (see Doc. 5). Signed by Magistrate Judge Thomas G. Wilson on 5/20/2026. (MEM)
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Filing 5
ORDER denying without prejudice #2 Motion to Proceed In Forma Pauperis. Signed by Magistrate Judge Thomas G. Wilson on 5/20/2026. (MEM) (Main Document 5 replaced on 5/20/2026) (KMN).
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| Filing 4 REPORT AND RECOMMENDATION re #1 Complaint filed by Joseph McCarter. Signed by Magistrate Judge Thomas G. Wilson on 5/20/2026. (MEM) (Main Document 4 replaced on 5/20/2026) (KMN). |
| Filing 3 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Joseph McCarter. (LNR) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 2 MOTION to Proceed In Forma Pauperis on pages 6-7 by Joseph McCarter. (AW) Motions referred to Magistrate Judge Thomas G. Wilson. Modified text on 5/4/2026 (AW). |
| Filing 1 COMPLAINT against Aventura Holdings Group, Aventura Bay Place Assisted Living Facility, John Doe, Karri Ann Wiley with Jury Demand filed by Joseph McCarter.(AW) Modified text on 4/24/2026 (AW). |
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