WILLIAMS v. DANIELS et al
| PERCIVAL LARONA WILLIAMS |
| KATRINIA LENAIR DANIELS, DEPUTY CHAD DUGAN, CHAD DUGAN and SHEILA T TAYLOR |
| 1:2022cv00332 |
| December 5, 2022 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| ALLEN C WINSOR |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 DOCUMENT TITLED ATTENTION:CORRECTION by PERCIVAL LARONA WILLIAMS (rcb) |
| Filing 26 TITLE OF YOUR PLEADING EMOTIONAL STRESS/MENTAL HEALTH by PERCIVAL LARONA WILLIAMS (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #27 DOCUMENT TITLED ATTENTION:CORRECTION, #26 TITLE OF YOUR PLEADING EMOTIONAL STRESS/MENTAL HEALTH Referred to MARTIN A FITZPATRICK. (rcb) |
Filing 25
ORDER. Plaintiff's filings, ECF Nos. #23 and #24 , are STRICKEN as improper pleadings for failure to comport with this Courts prior orders and the Rules governing this proceeding. The Clerk is DIRECTED TO STRIKE ECF Nos. #23 and #24 . Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 01/31/2023. (rcb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #23 (CORRECTION CONCERNING 1915) MOTION to Appoint Counsel, #24 MOTION to Dismiss with attachments Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 24 **STRICKEN PER ECF #25 ** SWORN MOTION to Dismiss with attachments by PERCIVAL LARONA WILLIAMS. (Internal deadline for referral to judge if response not filed earlier: 2/14/2023). (rcb) Modified to add "stricken" language on 1/31/2023 (rcb). |
| Filing 23 ***STRICKEN PER ECF #25 *** (CORRECTION CONCERNING 1915) MOTION to Appoint Counsel with attachment by PERCIVAL LARONA WILLIAMS. (rcb) Modified to add "stricken" language on 1/31/2023 (rcb). |
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Filing 22
REPORT AND RECOMMENDATION. For the reasons stated above, it is respectfully RECOMMENDED that the case be DISMISSED WITHOUT PREJUDICE under 28 U.S.C. 1915A(b)(1) and 1915(e)(2)(B)(i) as malicious because Plaintiff made affirmative misrepresentations relating to his litigation history in the initial- and amended complaints and, alternatively, for failure to state a claim. Finally, it is recommended the case be CLOSED and that the Order adopting this Report and Recommendation direct the Clerk of Court to note on the docket that this cause was DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. 1915(e)(2)(B)(i). The Clerk of Court SHALL VACATE the prior Report and Recommendation, ECF No. #20 . ( Internal deadline for referral to district judge if objections are not filed earlier: 2/27/2023. R&R flag set. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 01/30/2023. (rcb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #21 SECOND AMENDED COMPLAINT. Referred to MARTIN A FITZPATRICK. (rcb) |
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Filing 20
**VACATED PER ECF #22 ** REPORT AND RECOMMENDATION. For the reasons stated above, it is respectfully RECOMMENDED that the case be DISMISSED WITHOUT PREJUDICE under 28 U.S.C. 1915A(b)(1) and 1915(e)(2)(B)(i) as malicious because Plaintiff made affirmative misrepresentations relating to his litigation history in the initial- and amended complaints. Finally, it is recommended the case be CLOSED and that the Order adopting this Report and Recommendation direct the Clerk of Court to note on the docket that this cause was DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. 1915(e)(2)(B)(i). R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 2/24/2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 01/27/2023. (rcb) Modified to edit title on 1/31/2023 (rcb).
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Filing 19
ORDER. Plaintiff's motion for the appointment of counsel, ECF No. #18 , is DENIED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to send to Plaintiff a copy of the docket for this case. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 01/27/2023. (rcb)** Copy of the PACER docket forwarded as directed**
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #17 OBJECTION to re #11 , #18 MOTION to Appoint Counsel. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 21 SECOND AMENDED COMPLAINT against KATRINIA LENAIR DANIELS, CHAD DUGAN, SHEILA T TAYLOR, filed by PERCIVAL LARONA WILLIAMS. (rcb)**No service copy provided** |
| Filing 18 MOTION to Appoint Counsel by PERCIVAL LARONA WILLIAMS. (rcb) |
| Filing 17 *Please disregard this entry - filed in wrong case.* OBJECTION to re 11 by LARONA WILLIAMS. (rcb) Modified on 1/27/2023. (kjw) |
| Filing 16 RESIDENT TRANSACTION REPORT by PERCIVAL LARONA WILLIAMS (rcb) |
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Filing 15
ORDER. Plaintiff's filing, ECF No. #14 , is STRICKEN as an improper pleading and will not be considered. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 01/25/2023. (rcb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #16 RESIDENT TRANSACTION REPORT. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 14 **STRICKEN PER ECF #15 **NOTICE TO CLERK/PRETRIAL STATUS MOTION by PERCIVAL LARONA WILLIAMS (rcb) Modified to add "stricken" language on 1/25/2023 (rcb). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #14 NOTICE TO CLERK/PRETRIAL STATUS MOTION. Referred to MARTIN A FITZPATRICK. (rcb) |
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Filing 13
ORDER. Plaintiff's motion, ECF No. #12 , is DENIED and the amendments therein will not be considered. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 01/20/2023. (rcb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #12 MOTION to Appoint Counsel (2ND PAGE-BOTTOM LEFT HAND CORNER) & NOTICE OF ADDRESS CHANGE -(2ND PAGE-1ST) Referred to MARTIN A FITZPATRICK. (rcb) |
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Filing 11
ORDER. Plaintiff's filing, ECF No. #10 , is STRICKEN as an improper filling and will not be considered. The Clerk is directed to STRIKE ECF No. #10 as an improper filing. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 01/18/2023. (rcb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #10 INCOMPLETE COMPLAINT RECEIVED PAGES 7-8 ONLY Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 12 MOTION to Appoint Counsel (2ND PAGE-BOTTOM LEFT HAND CORNER) & NOTICE OF ADDRESS CHANGE -(2ND PAGE-1ST) by PERCIVAL LARONA WILLIAMS. (rcb) |
| Filing 10 ***STRICKEN PER ECF #11 ** INCOMPLETE COMPLAINT RECEIVED PAGES 7-8 ONLY by PERCIVAL LARONA WILLIAMS (rcb) |
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Filing 9
ORDER. Plaintiff's motion to proceed in forma pauperis, ECF No. #8 , is proper and is GRANTED to the extent that the case may proceed without prepayment of the entire filing fee. Because Plaintiff has insufficient funds accrued in his inmate trust fund account, the Court will not assess Plaintiff an initial partial filing fee as provided in 28 U.S.C. 1915(b)(1)(A). However, the total filing fee in this case remains $350.00. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 1/9/2023. (kjw)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #8 MOTION for Leave to Proceed in forma pauperis, #7 Amended Complaint. Referred to MARTIN A FITZPATRICK. (amm) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by PERCIVAL LARONA WILLIAMS. (amm) |
| Filing 7 First AMENDED COMPLAINT against KATRINIA LENAIR DANIELS, CHAD DUGAN, filed by PERCIVAL LARONA WILLIAMS. (amm) *No service copies received. |
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Filing 6
ORDER. Plaintiffs letter, ECF No. #5 , is STRICKEN as an improper pleading. The Clerk of Court is DIRECTED TO STRIKE, ECF No. #5 . No later than 1/13/2023, Plaintiff shall comply with the Court's Order, ECF No. #4 , and submit a legally sufficient complaint on the proper form. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/20/2022. (rcb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #5 Letter from PERCIVAL WILLIAMS. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 5 **STRICKEN PER ECF #6 ** Letter from PERCIVAL WILLIAMS (rcb) Modified to add "stricken language" on 12/20/2022 (rcb). |
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Filing 4
ORDER. Plaintiff's motion to proceed in forma pauperis, ECF No. #2 , is DENIED without prejudice. The Clerk shall forward to Plaintiff a Section 1983 complaint form and an application packet to proceed in forma pauperis for use by a prisoner. Plaintiff must file an application to proceed in forma pauperis, along with his six-month inmate account statement or, alternatively, pay the $402 filing fee no later than January 13, 2023. Plaintiff shall have until January 13, 2023, to file an amended civil rights complaint, typed or clearly written, not exceeding 25 pages and submitted on the Court form. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/16/2022. (rcb)**1983 complaint form & application packet to proceed in forma pauperis for use by a prisoner** Modified to edit filing date on 12/19/2022 (rcb).
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| Set Deadline- Notify Chambers/ Amended Pleadings/ Fee due by 1/13/2023. (rcb) Modified to edit filing date on 12/19/2022 (rcb). |
| Filing 3 Notice to Pro Se (rcb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by PERCIVAL LARONA WILLIAMS. (rcb) |
| Filing 1 COMPLAINT against All Defendants, filed by PERCIVAL LARONA WILLIAMS. (rcb)**No service copy/nor filing fee received** |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #1 Complaint, #2 MOTION for Leave to Proceed in forma pauperis. Referred to MARTIN A FITZPATRICK. (rcb)**No service copy/nor filing fee received** |
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