Knisley-Desmond v. Byrd et al
| Carl Martin Knisley-Desmond |
| Kimberly Sharpe Byrd and Nikki Alvarez-Sowles, Esq. |
| 8:2026cv01340 |
| May 6, 2026 |
| U.S. District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| T G Wilson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on May 28, 2026. A more recent docket listing may be available from PACER.
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| Filing 46 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). (CTR) |
| Filing 45 JUDGMENT is entered that this case is dismissed without prejudice. Signed by Deputy Clerk on 5/28/2026. (CTR) |
Filing 44
ORDER: This action is DISMISSED without prejudice for lack of subject matter jurisdiction under Rooker-Feldman and based on abstention under Younger. The Clerk is directed to ENTER JUDGMENT, which shall read, "This case is dismissed without prejudice." The Clerk is further directed to TERMINATE all deadlines, pending motions, and hearings, and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 5/27/2026. (GTD)
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| Filing 43 NOTICE of Supplemental Authority under Local Rule and Designation of Operative Response to re #2 and re #37 Response to order to show cause by Carl Martin Knisley-Desmond (AW) |
| Filing 42 NOTICE of filing Supplemental Evidence in Further Support of re #2 and re #37 Response to order to show cause by Carl Martin Knisley-Desmond (Attachments: #1 Exhibit)(AW) |
| Filing 41 RETURN of service executed on 05/15/2026 by Carl Martin Knisley-Desmond as to Kimberly Sharpe Byrd. (Attachments: #1 Mailing Envelope)(AW) |
| Filing 40 RETURN of service executed on 05/14/2026 by Carl Martin Knisley-Desmond as to Nikki Alvarez-Sowles, Esq. (Attachments: #1 Mailing Envelope)(AW) |
| Filing 39 RETURN of service executed on 05/15/2026 by Carl Martin Knisley-Desmond as to Kimberly Sharpe Byrd. (AW) |
| Filing 38 RETURN of service executed on 05/14/2026 by Carl Martin Knisley-Desmond as to Nikki Alvarez-Sowles, Esq.. (AW) |
| Filing 37 RESPONSE TO ORDER TO SHOW CAUSE re 23 Order, filed by Carl Martin Knisley-Desmond. (AW) |
| Filing 36 RESPONSE TO ORDER TO SHOW CAUSE re 23 Order, filed by Carl Martin Knisley-Desmond. (AW) |
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Filing 35
ENDORSED ORDER: The Court has reviewed the plaintiff's repeated "emergency" or "time-sensitive" motions and other filings. None constitute an emergency or are time sensitive as the plaintiff's concern relates to a hearing in a separate case that is scheduled for July 16, 2026. The Court will not adjudicate any such motions until after the plaintiff responds to the order to show cause (Doc. 23), which the plaintiff must do no later than June 2, 2026. The plaintiff is warned that continuing to file unwarranted "emergency" and "time-sensitive" motions can result in sanctions. See Local Rule 3.01(f). Signed by Judge Kathryn Kimball Mizelle on 5/20/2026. (GTD)
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| Filing 34 TIME-SENSITIVE SECOND AMENDED SUPPLEMENTAL COMPLAINT against Carl Martin Knisley-Desmond filed by Carl Martin Knisley-Desmond. (Chambers Notified) Related document: #10 Amended Complaint, filed by Carl Martin Knisley-Desmond. (Attachments: #1 Cover Letter, #2 Exhibit)(AW) |
| Filing 33 TIME-SENSITIVE MOTION for Leave to File Second Amended Complaint and Supplemental Complaint #10 Amended Complaint, by Carl Martin Knisley-Desmond. (Chambers Notified) (Attachments: #1 Cover Letter, #2 Exhibit)(AW) Modified text on 5/21/2026 (MCB). |
| Filing 32 TIME-SENSITIVE RENEWED MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Carl Martin Knisley-Desmond. (Attachments: #1 Exhibit, #2 Proposed Order) Chambers Notified(AW) Modified text on 5/20/2026 (AW). |
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Filing 23
ENDORSED ORDER: No later than June 2, 2026, the plaintiff is ordered to establish, in a paper of 15 pages or less, why the Court should not dismiss this case under Rooker-Feldman or Younger. See Rooker v. Fid. Tr. Co., 263 U.S. 413 (1923); D.C. Ct. of Appeals v. Feldman, 460 U.S. 462 (1983); Younger v. Harris, 401 U.S. 37 (1971). Signed by Judge Kathryn Kimball Mizelle on 5/19/2026. (GTD)
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Filing 22
ENDORSED ORDER: The Court construes the plaintiff's notice of subsequent events as a motion for a temporary restraining order. See (Doc. 21-1) at pages 34-40. The Court DENIES the motion because it fails to comply with the Local Rules by not including a proposed order, see Local Rule 6.01(a)(6), and because it seeks relief beyond what the operative complaint requests (Doc. #10). Signed by Judge Kathryn Kimball Mizelle on 5/19/2026. (GTD)
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| Filing 30 NOTICE of a related action per Local Rule 1.07(c) by Carl Martin Knisley-Desmond. Related case(s): Yes (Attachments: #1 Mailing Envelope)(AW) |
| Filing 29 CERTIFICATE of Interested Persons and Corporate DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Carl Martin Knisley-Desmond. (Attachments: #1 Mailing Envelope)(AW) |
| Filing 28 SUPPLEMENTAL NOTICE of a related action per Local Rule 1.07(c) by Carl Martin Knisley-Desmond. Related case(s): Yes (Attachments: #1 Mailing Envelope, #2 Cover Letter, #3 Mailing Envelope)(AW) |
| Filing 27 Verified Supplemental DECLARATION of identity re 15 Order on Motion for Preliminary Injunction Order on Motion for Temporary Restraining Order, by Carl Martin Knisley-Desmond. (Attachments: #1 Cover Letter, #2 Mailing Envelope, #3 Mailing Envelope)(AW) |
| Filing 26 MOTION for Judicial Notice by Carl Martin Knisley-Desmond. (Attachments: #1 Mailing Envelope)(AW) (Additional attachment(s) added on 5/20/2026: #2 cover letter, #3 Mailing Envelope) (AW). |
| Filing 21 NOTICE of Subsequent Events by Carl Martin Knisley-Desmond re #2 Motion for Temporary Restraining Order (Attachments: #1 Exhibit A-H, #2 Mailing Envelope)(EGP) |
| Filing 20 DECLARATION under Penalty of Perjury by Carl Martin Knisley-Desmond. (AW) |
| Filing 19 NOTICE of supplemental Exhibits re #2 by Carl Martin Knisley-Desmond. (Attachments: #1 Exhibit)(AW) |
| Filing 18 SUPPLEMENTAL MEMORANDUM in support of re #2 Motion for Temporary Restraining Order Motion for Preliminary Injunction, filed by Carl Martin Knisley-Desmond. (AW) (Chambers Notified) Modified text on 5/18/2026 (AW). |
| Filing 25 MOTION for Judicial Notice by Carl Martin Knisley-Desmond. (Attachments: #1 Mailing Envelope)(AW) |
| Filing 24 SUPPLEMENTAL NOTICE of a related action per Local Rule 1.07(c) re #13 by Carl Martin Knisley-Desmond. Related case(s): Yes (Attachments: #1 Mailing Envelope)(AW) Modified text on 5/20/2026 (AW). |
| Filing 17 EMERGENCY NOTICE by Carl Martin Knisley-Desmond re #2 EMERGENCY MOTION (Attachments: #1 Exhibit A, #2 Mailing Envelope)(EGP) |
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Filing 16
ENDORSED ORDER: For the reasons stated in its previous order denying the plaintiff's first motion for leave to file documents electronically (Doc. 7), the Court DENIES the plaintiff's renewed motion (Doc. #12). Signed by Judge Kathryn Kimball Mizelle on 5/13/2026. (GTD)
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Filing 15
ENDORSED ORDER: The Court grants the plaintiff's construed motion for leave to file an amended complaint (Doc. #10). See Fed. R. Civ. P. 15(a)(1)(A), (a)(2). Because the plaintiff has filed an amended complaint (Doc. #10), the pending motion for preliminary injunction (Doc. #2), which relied on the allegations in the original complaint, is DENIED as moot. Signed by Judge Kathryn Kimball Mizelle on 5/13/2026. (GTD)
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| Filing 14 SUMMONS issued as to Nikki Alvarez-Sowles, Esq., Kimberly Sharpe Byrd. (AW) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Carl Martin Knisley-Desmond. Related case(s): Yes (AW) |
| Filing 12 Renewed MOTION for Leave to File Documents Electronically by Carl Martin Knisley-Desmond. (AW) |
| Filing 11 Supplemental MEMORANDUM in support of pending re #2 Motion for Temporary Restraining Order Motion for Preliminary Injunction, filed by Carl Martin Knisley-Desmond. (AW) |
| Filing 10 FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief against Nikki Alvarez-Sowles, Esq., Kimberly Sharpe Byrd filed by Carl Martin Knisley-Desmond. Related document: #1 Complaint, filed by Carl Martin Knisley-Desmond. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Proposed Order)(AW) Modified text on 5/12/2026 (AW). |
| Filing 9 CIVIL CASE STANDING ORDER & IDEAL REFERRAL: This case is REFERRED for consideration of the IDEAL program. No later than seven (7) days after the IDEAL conference, the parties must file either the Stipulated Consent to the IDEAL Program or submit the standard Case Management Report. See the IDEAL Order attached to this Civil Case Order. Each nongovernmental party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. (Attachments: #1 Exhibit IDEAL Referral Order) (GTD) |
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Filing 8
ENDORSED ORDER: The plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. #2) is DENIED as to its request for a temporary restraining order. The plaintiff fails to explain why a state court order entered on April 11, 2025, must be enjoined on an emergency relief basis or why he cannot provide notice to the defendants. See (Doc. #2) at 2 (merely asserting that the harms he experiences warrant excusing the need to provide notice). Further, he provides only conclusory, two-sentence explanations for how the balance of harms and public interest factors weigh in favor of issuing a temporary restraining order that would enjoin a state judge, a state court clerk, and effectively overturn a state court order. On this record, the Court cannot conclude that those factors are in his favor. See Younger v. Harris, 401 U.S. 37, 43 (1971) (recognizing that there is a "longstanding public policy against federal court interference with state court proceedings"); cf. Juidice v. Vail, 430 U.S. 327, 336 (1977) ("Federal-court interference with the State's contempt process is an offense to the State's interest.") (citation modified). Because the plaintiff requested both a temporary restraining order and a preliminary injunction in the instant motion, he does not need to submit additional papers to convert the motion into one for a preliminary injunction. The plaintiff's motion is taken under advisement as to its request for a preliminary injunction, which the Court will rule on following the completion of briefing. In accordance with Local Rule 6.01(c), the plaintiff is directed to serve on the defendants the summons, the complaint, this order, and each paper filed in support of the motion for a temporary restraining order and preliminary injunction no later than May 22, 2026. The plaintiff is directed to file a notice informing the Court when he has served the defendants. No later than June 5, 2026, the defendants must respond to the plaintiff's Motion for a Preliminary Injunction. Signed by Judge Kathryn Kimball Mizelle on 5/7/2026. (GTD)
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Filing 7
ENDORSED ORDER: The Court denies the pro se litigant's #5 Motion For Leave to File Documents Electronically. The Court declines to grant an exception to the general rule that pro se litigants must file paper documents with the Court because the plaintiff has failed to "make[] a showing of good cause or extenuating circumstances justifying such relief." Hooker v. Wilkie, No. 8:20-CV-1248-T-02CPT, 2020 WL 6947482, at *1 (M.D. Fla. June 4, 2020). The Court notes that any member of the public can access electronic records of the federal courts by registering online with PACER, and pro se litigants may file paper documents by mail. Signed by Judge Kathryn Kimball Mizelle on 5/7/2026. (GTD)
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| Filing 6 SUMMONS issued as to Nikki Alvarez-Sowles, Esq., Kimberly Sharpe Byrd. (Attachments: #1 Mailing Envelope)(AW) |
| Filing 5 MOTION for Leave to File Documents electronically Pursuant to CM/ECF procedures by Carl Martin Knisley-Desmond. (Attachments: #1 Mailing Envelope)(AW) |
| Filing 4 Preemptive Analysis of Anticipated Defense Motion to Dismiss and Plaintiff's Response to each ground. by Carl Martin Knisley-Desmond (Attachments: #1 Mailing Envelope)(AW) |
| Filing 3 Sworn Financial DECLARATION in Support of re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Waiver of Security Bond by Carl Martin Knisley-Desmond. (Attachments: #1 Mailing Envelope)(AW) |
| Filing 2 EMERGENCY MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Carl Martin Knisley-Desmond. (Attachments: #1 Mailing Envelope)(AW) (Additional attachment(s) added on 5/6/2026: #2 Proposed Order) (AW). Modified TEXT on 5/7/2026 (AW).((Chambers Notified) |
| Filing 1 VERIFIED COMPLAINT for Declaratory and Injunctive Relief against Nikki Alvarez-Sowles, Esq., Kimberly Sharpe Byrd Filing fee $405.00, receipt number TPA74230 filed by Carl Martin Knisley-Desmond. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 State Court additional Motion, #4 Mailing Envelope)(AW) Modified text on 5/6/2026 (AW). |
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