BROWN v. NIGH et al
| EDWARD LEE BROWN |
| DETENTION OFFICER MICHAEL NISH, CHARGE NURSE WEIR, MICHAEL NIGH and WEIR |
| 1:2023cv00116 |
| May 16, 2023 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| ALLEN C WINSOR |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 SUPPLEMENTAL REPORT AND RECOMMENDATION. It is respectfully RECOMMENDED that the second motion to proceed in forma pauperis, ECF No. #8 , should be DENIED and this case should be DISMISSED WITHOUT PREJUDICE because Plaintiff is a "three-striker," under 28 U.S.C. 1915(g), who did not pay the filing fee at the time he initiated this case and does not meet the "imminent danger" exception. This case should also be dismissed as malicious because Plaintiff made affirmative misrepresentations regarding his litigation history. The case should be CLOSED. R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 8/4/2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/7/2023. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #7 First Amended Complaint #8 Amended MOTION for Leave to Proceed in forma pauperis. Referred to MARTIN A FITZPATRICK. (kdm) |
| Filing 8 Amended MOTION for Leave to Proceed in forma pauperis by EDWARD LEE BROWN. (kdm) |
| Filing 7 FIRST AMENDED COMPLAINT against MICHAEL NIGH, WEIR, filed by EDWARD LEE BROWN. (No service copies received.) (kdm) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: #5 REPORT AND RECOMMENDATION - no objections filed (atm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #6 Letter from EDWARD LEE BROWN (rcb) |
| Filing 6 Letter from EDWARD LEE BROWN (rcb) |
| Filing 5 REPORT AND RECOMMENDATION. It is respectfully RECOMMENDED that Plaintiff's complaint, ECF No. #1 , be DISMISSED WITHOUT PREJUDICE as malicious for abuse of the judicial process by making affirmative misrepresentations regarding his litigation history and because he is a "three striker" under the Prison Litigation Reform Act. It is also recommended that the case be CLOSED. R&R flag set. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 05/30/2023. Internal deadline for referral to district judge if objections are not filed earlier: 6/27/2023. (rcb) |
Filing 4
ORDER. Plaintiff's motion to proceed in forma pauperis, ECF No. #2 is DENIED, because Plaintiff is not entitled to proceed in forma pauperis as a "three-striker." Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 05/30/2023. (rcb)
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| Filing 3 Notice to Pro Se (rcb) |
| 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) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by EDWARD LEE BROWN. (rcb) |
| Filing 1 COMPLAINT against All Defendants, filed by EDWARD LEE BROWN. (rcb)**No service copy received** |
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