BALLARD v. CAIL et al
| JAMES LEE BALLARD |
| BRIAN S KRAMER, HEATHER L JONES, BRIAN C RODGERS, SEAN D BREWER, LUA LEPIANCICA, TERRY SILVERMAN, STACY A SCOTT, BILL MILLER, AUBEONCEE MARTIN, MATT LANDSMAN, DANIELL MULLER, EVAN M GARDINER, GEORGE LUKASIC, NOAH LUKASIC, ASHLEY MOODY, J K IRBY, ALACHUA COUNTY CRIMINAL JUSTICE CENTER, SHERIFF CLOVIS WATSON, ALACHUA COUNTY SHERIFFS DEPARTMENT OF THE JAIL, CAIL, KUNTZMAN, RON DESANTIS, PHILLIP PENA, JODY CALL, GREGORY GUZMAN, BRIAN RODGERS, MATTHEW LANDSMAN and JODY CAIL |
| 1:2022cv00002 |
| January 4, 2022 |
| U.S. District Court for the Northern District of Florida |
| GARY R JONES |
| ALLEN C WINSOR |
| Prisoner Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #53 CONFIRMATION Needed From the Court as to #51 RESPONSE in Opposition (Motion to amend complaint). (kdm) |
| Filing 53 CONFIRMATION Needed From the Court as to #51 RESPONSE in Opposition (Motion to amend complaint) by JAMES LEE BALLARD. (kdm) |
Filing 52
ORDER denying #51 RESPONSE in Opposition, Motion for Leave to File amended complaint signed by MAGISTRATE JUDGE GARY R JONES on 6/27/22. (bkp)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #51 RESPONSE in Opposition re #37 MOTION to Dismiss and Plaintiff's Show Cause Why His Cause Should Not Be Dismissed. (kdm) |
| Filing 51 RESPONSE in Opposition (Motion to amend complaint) re #37 MOTION to Dismiss and Plaintiff's Show Cause Why His Cause Should Not Be Dismissed filed by JAMES LEE BALLARD. (kdm) Modified on 6/27/2022 (bkp). |
| Filing 50 ACKNOWLEDGMENT OF SERVICE Executed as to JAMES LEE BALLARD, re #44 Order. (kdm) |
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Filing 49
ORDER denying #47 MOTION for Entry of Default / DECLARATION for Entry of Default. Signed by MAGISTRATE JUDGE GARY R JONES on 6/10/2022. (kdm)
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Filing 48
ORDER denying #46 MOTION to Appointment of Counsel - Request. Signed by MAGISTRATE JUDGE GARY R JONES on 6/10/2022. (kdm)
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| Filing 47 MOTION for Entry of Default / DECLARATION for Entry of Default by JAMES LEE BALLARD. (kdm) |
| Filing 46 MOTION to Appointment of Counsel - Request by JAMES LEE BALLARD. (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #45 RESPONSE, #46 MOTION to Appointment of Counsel - Request, #47 DECLARATION for Entry of Default. Referred to GARY R JONES. (kdm) |
| Filing 45 RESPONSE by JAMES LEE BALLARD re #44 Order. (kdm) |
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Filing 44
ORDER re #42 RESPONSE TO #39 ORDER TO SHOW CAUSE, #43 NOTICE of Awareness. (Plaintiff's response to Defendants' Motion to Dismiss on or before 7/11/2022). Signed by JUDGE ALLEN C WINSOR on 6/6/2022. The Clerk must send a copy of Defendants Motion to Dismiss, ECF No. #37 and accompanying Exhibit 37-1 to Plaintiff via certified mail at the address on file with the Court. (kdm) (Mailed as directed above.)
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| Filing 43 NOTICE of Awareness by JAMES LEE BALLARD (kdm) |
| Filing 42 RESPONSE TO #39 ORDER TO SHOW CAUSE by JAMES LEE BALLARD. (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #43 NOTICE of Awareness. (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #42 RESPONSE TO #39 ORDER TO SHOW CAUSE. (kdm) |
| Filing 41 (Second) Letter informing the Court of not having received any responses by defendants from JAMES LEE BALLARD. (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #41 (Second) Letter informing the Court of not having received any responses by defendants. (kdm) |
| Filing 40 Letter from James Ballard, informing the Court of not having received any responses by defendant (bkp) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #40 Letter from James Ballard, informing the Court of not having received any responses by defendant (bkp) |
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Filing 39
ORDER TO SHOW CAUSE. Signed by MAGISTRATE JUDGE GARY R JONES on 5/26/2022. Show Cause Response due by 6/23/2022. (atm)
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| Filing 38 Notice to the Court of not receiving a copy of defendants #37 Motion to dismiss by JAMES LEE BALLARD. Modified on 5/25/2022 (bkp). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #38 MOTION for extension of time to respond to 37 MOTION to Dismiss by JODY CAIL, GREGORY GUZMAN and to bring to the attention of the Court Plaintiff's not receiving a copy of defendants Motion to dismiss by JAMES LEE BALLARD. Referred to GARY R JONES. (bkp) |
| Filing 37 MOTION to Dismiss by JODY CAIL, GREGORY GUZMAN. (Internal deadline for referral to judge if response not filed earlier: 5/24/2022). (Attachments: #1 Exhibit Docket for Case Number 2018-CF-001513-A, State of Florida v. James Lee Ballard) (FORSYTHE, IAN) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #37 MOTION to Dismiss, re #26 FOURTH AMENDED COMPLAINT. Referred to GARY R JONES. (kdm) |
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Filing 36
ORDER denying #35 Motion for Protective Order. Signed by MAGISTRATE JUDGE GARY R JONES on 5/5/2022. (kdm)
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| Filing 35 MOTION for Protective Order by JAMES LEE BALLARD. (bkp) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #35 MOTION for Protective Order. Referred to GARY R JONES. (bkp) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #27 ORDER DIRECTING SERVICE - Refer to Chambers on 4/30/2022. (kdm) |
| Filing 34 SUMMONS Returned Executed by JAMES LEE BALLARD. GREGORY GUZMAN served on 4/20/2022, answer due 5/11/2022. (bkp) |
| Filing 33 SUMMONS Returned Executed by JAMES LEE BALLARD. JODY CAIL served on 4/19/2022, answer due 5/10/2022; BRIAN C RODGERS(ASSISTANT STATE ATTORNEY 8TH JUDICIAL CIRCUIT OF FLORIDA) served on 4/19/2022, answer due 5/10/2022. (Attachments: #1 summons cail) (bkp) |
| Filing 32 WAIVER OF SERVICE Returned Executed by JAMES LEE BALLARD. MATTHEW LANDSMAN waiver sent on 3/16/2022, answer due 5/16/2022. (bkp) |
| Filing 31 Letter from James Ballard informing the court his intention not to amend complaint. (bkp) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #31 Letter (bkp) |
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Filing 30
ORDER denying #29 MOTION (construed as a motion to amend complaint) for relief of damages by JAMES LEE BALLARD signed by MAGISTRATE JUDGE GARY R JONES on 3/29/22. (bkp)
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| Filing 29 MOTION for relief of damages by JAMES LEE BALLARD. (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6) (bkp) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #29 MOTION for relief of damages. Referred to GARY R JONES. (bkp) |
| Filing 28 Summons Issued as to JODY CAIL, GREGORY GUZMAN, MATTHEW LANDSMAN, BRIAN C RODGERS. (kdm) |
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Filing 27
ORDER DIRECTING SERVICE re #26 Fourth Amended Complaint. (Refer to Chambers on 4/30/2022). Signed by MAGISTRATE JUDGE GARY R JONES on 3/14/2022. The clerk shall complete the USM-285 forms and AO-398 and AO-399 forms for Defendants: DEPUTY JODY CAIL and DEPUTY GREGORY GUZMAN, who shall be served at the Alachua County Jail, 3333 N.E. 39th Ave., Gainesville, Florida, 32609. The clerk shall also complete the USM-285 forms and AO-398 and AO-399 forms for Defendants: BRIAN C. RODGERS and MATTHEW LANDSMAN. Brian C. Rodgers shall be served at the States Attorneys Office, 120 W. University Avenue, Gainesville, Florida 32602. Matthew Landsman shall be served at the Office of the Public Defender, 151 SW 2nd Avenue, Gainesville, Florida 32601. The clerk shall issue summonses for Defendants, indicating that Defendants have sixty (60) days in which to file a response to the Complaint. The clerk shall refer this file to the undersigned if the waiver form is returned for insufficient address or for similar reason, if service on Defendants is returned unexecuted, or if the USMS has filed a statement of costs incurred for making personal service. The clerk shall forward to Plaintiff a form for consenting to trial by the magistrate judge, with the case number written on it. (kdm) (Mailed and forwarded as directed above.)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #26 FOURTH AMENDED COMPLAINT, (No service copies received). (kdm) |
| Filing 26 FOURTH AMENDED COMPLAINT against JODY CALL, MATTHEW LANDSMAN, BRIAN RODGERS, filed by JAMES LEE BALLARD. (No service copies received.) (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #25 Letter to Court. (kdm) |
| Filing 25 Letter to Court from JAMES LEE BALLARD. (kdm) |
| Set Deadlines per #24 ORDER: Fourth Amended Complaint due on or before 3/29/2022. Plaintiff does not wish to proceed must file a Notice of Voluntary Dismissal (without prejudice) on or before - by 3/29/2022. (kdm) |
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Filing 24
ORDER granting #20 Motion for Leave to Proceed in forma pauperis; terminating as moot #2 , #16 Motion for Leave to Proceed in forma pauperis. Signed by MAGISTRATE JUDGE GARY R JONES on 3/1/2022. The Clerk is directed to remove Detective Guzman from the named defendants in this case and add Brian Rodgers and Matthew Landsman. The Clerk is directed to send Plaintiff a blank Pro Se Civil Rights Complaint for use by prisoners. Plaintiff must file a Fourth Amended Complaint using the appropriate form on or before March 29, 2022. If Plaintiff does not wish to proceed with his case in this Court, Plaintiff must file a Notice of Voluntary Dismissal (without prejudice) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) on or before March 29, 2022. (kdm) (Mailed as directed above.)
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| Filing 23 PRISONER CONSENT & FINANCIAL CERTIFICATE re #16 , #20 AMENDED MOTION for Leave to Proceed in forma pauperis by JAMES LEE BALLARD. (Attachments: #1 Affidavit) (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #23 PRISONER CONSENT & FINANCIAL CERTIFICATE re #16 , #20 AMENDED MOTION for Leave to Proceed in forma pauperis. (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #22 NOTICE To The Court re #20 (Proposed) AMENDED MOTION for Leave to Proceed in forma pauperis. (kdm) |
| Filing 22 NOTICE To The Court re #20 (Proposed) AMENDED MOTION for Leave to Proceed in forma pauperis by JAMES LEE BALLARD. (kdm) |
| Filing 21 ACKNOWLEDGMENT OF SERVICE Executed as to Jail Director, re #17 ORDER. (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #19 (Proposed) THIRD AMENDED COMPLAINT, #20 (Proposed) AMENDED MOTION for Leave to Proceed in forma pauperis. Referred to GARY R JONES. (kdm) |
| Filing 20 (Proposed) AMENDED MOTION for Leave to Proceed in forma pauperis by JAMES LEE BALLARD. (kdm) |
| Filing 19 (Proposed) THIRD AMENDED COMPLAINT against All Defendants, filed by JAMES LEE BALLARD. (Parties will be updated only after the court has reviewed the amended complaint and specifically directed the Clerk to add the additional parties reflected in the amended complaint.) (kdm) |
| Filing 18 ACKNOWLEDGMENT OF SERVICE Executed as to Custodian of Inmate Accounts, re #17 ORDER. (kdm) |
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Filing 17
ORDER re #14 SECOND SHOW CAUSE ORDER, #16 AMENDED MOTION for Leave to Proceed in forma pauperis. (Completed PrisonerConsent Form and Financial Certificate due on or before 3/9/2022). Signed by MAGISTRATE JUDGE GARY R JONES on 2/9/2022. The Clerk is, therefore, directed to terminate all previously named defendants and re-style the case to reflect that Plaintiffs claims are now brought against Alachua County Sheriffs Office Detectives Jody Call and Gregory Guzman only. The Clerk must send a copy of this order and ECF Nos. #14 & #16 by certified mail, return receipt requested, to the Jail Director and the Custodian of Inmate Accounts, Alachua County jail, 3333 N.E. 39th Ave., Gainesville, Florida 32609. (kdm) (Mailed as directed above.)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #15 SECOND AMENDED COMPLAINT against All Defendants, (No service copies received); #16 AMENDED MOTION for Leave to Proceed in forma pauperis, (Prisoner Consent Form and Financial Certificate attached). Referred to GARY R JONES. (kdm) |
| Filing 16 AMENDED MOTION for Leave to Proceed in forma pauperis by JAMES LEE BALLARD. (Prisoner Consent Form and Financial Certificate attached.) (kdm) |
| Filing 15 SECOND AMENDED COMPLAINT against All Defendants, filed by JAMES LEE BALLARD. (No service copies received.) (Parties will be updated only after the court has reviewed the amended complaint and specifically directed the Clerk to add the additional parties reflected in the amended complaint.) (kdm) |
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Filing 14
SECOND SHOW CAUSE ORDER denying #13 NOTICE/MOTION For IFP of Filing IFP or Fee Waived. Signed by MAGISTRATE JUDGE GARY R JONES on 1/28/2022. Plaintiff must show cause on or before February 15, 2022, as to why this cause should not be dismissed. The Clerk must send Plaintiff a copy of the Civil Rights Complaint form used by pro se prisoners. Plaintiff must either amend his deficient IFP motion in compliance with the Courts January 5, 2022 Order, pay the $402 filing fee, or file a motion to voluntarily dismiss this case on or before February 15, 2022. The Clerk is directed to send Plaintiff a copy of the IFP Motion for use by pro se Prisoners. (kdm) (Mailed as directed above.)
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| Set Deadlines per #14 SECOND SHOW CAUSE ORDER: Show Cause Response due by 2/15/2022. Plaintiff must either amend his deficient IFP motion, pay the $402 filing fee, or file a motion to voluntarily dismiss this case on or before 2/15/2022. (kdm) |
| Filing 13 NOTICE/MOTION For IFP of Filing IFP or Fee Waived by JAMES LEE BALLARD. (kdm) Modified on 1/28/2022 to edit text(kdm). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #13 NOTICE of Filing IFP or Fee Waived. (kdm) |
| Filing 12 MEMORANDUM in Support (titled: Review By Monetary and Punitive Damages) re #11 SECOND AMENDED COMPLAINT by JAMES LEE BALLARD. (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #12 MEMORANDUM in Support (titled: Review By Monetary and Punitive Damages) re #11 SECOND AMENDED COMPLAINT. (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #11 Second Amended Complaint. (bkp) |
| Filing 11 SECOND AMENDED COMPLAINT against All Defendants filed by JAMES LEE BALLARD. (Attachments: #1 part 2, #2 part 3) (bkp) M |
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Filing 10
ORDER TO SHOW CAUSE. The Clerk must send a Civil Rights Complaint for pro se prisoners form to plaintiff to complete and return no later than 2/15/22 Signed by MAGISTRATE JUDGE GARY R JONES on 1/14/22. The Clerk added a blank prisoner motion IFP for plaintiff to complete. ( Show Cause Response due by 2/15/2022). (bkp)
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| Filing 9 FIRST AMENDED COMPLAINT - Request For Monetary and Punitive Damages against All Defendants All Defendants., filed by JAMES LEE BALLARD. (No service copies received.)(Parties will be updated only after the court has reviewed the amended complaint and specifically directed the Clerk to add the additional parties reflected in the amended complaint.) (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #9 FIRST AMENDED COMPLAINT - Request For Monetary and Punitive Damages, (No service copies received). (kdm) |
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Filing 8
ORDER striking #5 NOTICE of Filing Party Name and Addressees. Signed by MAGISTRATE JUDGE GARY R JONES on 1/12/2022. (kdm)
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| Filing 5 ***STRICKEN PER #8 ORDER*** --- NOTICE of Filing Party Name and Addressees re #1 Complaint by JAMES LEE BALLARD. (kdm) Modified on 1/12/2022 to add text (kdm). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #5 NOTICE of Filing Party Name and Addressees re #1 Complaint. (kdm) |
| Filing 7 Letter To Court re Case Number from JAMES LEE BALLARD. (kdm) |
| Filing 6 Letter To Court from JAMES LEE BALLARD. (kdm) |
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Filing 4
ORDER re #1 Complaint. (FIRST Amended Pleadings due by 2/4/2022., Motion for IFP or Fee ($402.00) due by 2/4/2022 or a Notice of Voluntary Dismissal (without prejudice) by 2/4/2022). Signed by MAGISTRATE JUDGE GARY R JONES on 1/5/2022. The Clerk is directed to send Plaintiff a blank Pro Se Civil Rights Complaint Prisoner. (kdm) (Mailed as directed above.)
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| Filing 3 Notice to Pro Se (bkp) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by JAMES LEE BALLARD. (bkp) |
| Filing 1 COMPLAINT against All Defendants filed by JAMES LEE BALLARD (No service copies) (bkp) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #2 MOTION for Leave to Proceed in forma pauperis. Referred to GARY R JONES. (bkp) |
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