PERRY v. WATSON et al
| KEITH G PERRY |
| SHERIFF CLOVIS WATSON, JR, DETECTIVE TRAVIS E DEVINNY, DETECTIVE BEVERIDGE, LT CREWS and DEPUTY JACOB BARLOW |
| 1:2023cv00201 |
| August 3, 2023 |
| 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 October 5, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 CLERK'S JUDGMENT re #9 ORDER OF DISMISSAL. (kdm) |
Filing 9
ORDER OF DISMISSAL, re #8 REPORT AND RECOMMENDATION. Signed by JUDGE ALLEN C WINSOR on 10/5/2023. The clerk will enter a judgment that says, "This case is dismissed without prejudice for failure to comply with a court order and failure to pay the filing fee." The clerk will then close the file. (kdm)
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| Set Deadline - Miscellaneous Deadline to destroy entire hard documents case file if no appeal is filed - by 1/5/2024. (kdm) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: #8 REPORT AND RECOMMENDATION - Objections due 9/29/2023. (***None filed to date.***) (kdm) |
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Filing 8
ORDER AND REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that Plaintiff's complaint be DISMISSED without prejudice because the claims are barred by the statute of limitations and the complaint is a shotgun pleading and should count as a strike pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). Dismissal is also appropriate because Plaintiff failed to comply with a court order pursuant to Fed. R. Civ. P. 41(b) and N.D. Fla. L. R. 41.1. See also Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) ("While dismissal is an extraordinary remedy, dismissal upon disregard of an order, especially where the litigant has been forewarned, generally is not an abuse of discretion."). Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/1/23. Internal deadline for referral to district judge if objections are not filed earlier: 9/29/2023. (sjb)
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Filing 7
ORDER AND REPORT AND RECOMMENDATION - Plaintiff's motion to proceed in forma pauperis, ECF No. #6 , is DENIED WITHOUT PREJUDICE. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/1/23. (sjb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #6 MOTION for Leave to Proceed in forma pauperis, #5 Amended Complaint. Referred to MARTIN A FITZPATRICK. (sjb) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by KEITH G PERRY. (sjb) |
| Filing 5 FIRST AMENDED COMPLAINT against JACOB BARLOW, BEVERIDGE, CREWS, TRAVIS E DEVINNY, CLOVIS WATSON, JR, filed by KEITH G PERRY. (sjb) |
| Set Deadlines/Hearings Amended Pleadings due by 9/7/2023. Voluntary Dismissal due by 9/7/2023. (sjb) |
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Filing 4
ORDER - Plaintiffs Motion to Proceed In Forma Pauperis, ECF No. #2 , is DENIED WITHOUT PREJUDICE. The Clerk of Court shall forward to Plaintiff a copy of this Order along with a civil rights complaint form and an IFP application for use by a prisoner plaintiff. Plaintiff shall have until September 7, 2023, to file an amended civil rights complaint, typed or clearly written, not exceeding 25 pages and submitted on the Court form. If Plaintiff chooses to forgo his claims, he may file a notice of voluntary dismissal, pursuant to Fed. R. Civ. P. 41(a), by the same deadline, September 7, 2023. Fee due by 9/7/2023. Notify Chambers on 9/7/2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 8/7/23. (sjb)(Clerk provided forms)
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| Filing 3 Notice to Pro Se (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #2 MOTION for Leave to Proceed in forma pauperis, #1 Complaint. Referred to MARTIN A FITZPATRICK. (sjb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by KEITH G PERRY. (sjb) |
| Filing 1 COMPLAINT against JACOB BARLOW, BEVERIDGE, CREWS, TRAVIS E DEVINNY, CLOVIS WATSON, JR, filed by KEITH G PERRY. (sjb)(No service copies. IFP pending.) |
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