SMITH v. MAYO CORRECTIONAL INSTITUTION et al
| ANTHONY SMITH |
| MAYO CORRECTIONAL INSTITUTION, HOWARD, MCGRAW, FILCE, THOMPSON, SIEVERS and FIKE |
| 1:2023cv00240 |
| September 15, 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 |
| None |
Docket Report
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This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 12 CLERK'S JUDGMENT re #11 ORDER OF DISMISSAL. (kdm) |
Filing 11
ORDER OF DISMISSAL, adopting #7 REPORT AND RECOMMENDATION; denying #9 Motion for appointed counsel; denying #10 MOTION to Reopen Case and For Extension of Time to File Response/Reply. Signed by JUDGE ALLEN C WINSOR on 11/8/2023. The clerk will enter judgment that says, "Plaintiff's claim is dismissed based on res judicata." The clerk will 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 2/8/2024. (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #10 MOTION to Reopen Case MOTION for Extension of Time to File Response/Reply. (sjb) |
| MOTIONS REFERRED to Magistrate Judge re #10 Motion to Reopen Case, Motion for Extension of Time to File Response/Reply. Referred to MARTIN A FITZPATRICK. (sjb) |
| Filing 10 MOTION to Reopen Case and For Extension of Time to File Response/Reply by ANTHONY SMITH. (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #8 Notice (Other). (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #9 LETTER REQUESTING A LAWYER. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 9 LETTER REQUESTING A LAWYER by ANTHONY SMITH. (rcb) |
| Filing 8 TITLE OF YOUR PLEADING by ANTHONY SMITH (sjb) |
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Filing 7
REPORT AND RECOMMENDATION - For the reasons stated, it is respectfully RECOMMENDED that the case be DISMISSED WITH PREJUDICE under 28 U.S.C. 1915A(b)(1) and 1915(e)(2)(B)(i) because this case is barred by res judicata, the statute of limitations, and sovereign immunity. Additionally, Plaintiff made affirmative misrepresentations relating to his litigation history and fails to state a claim upon which relief may be granted. The case should be CLOSED with an Order adopting this Report and Recommendation directing the Clerk of Court to note on the docket that this cause was DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. 1915(e)(2)(B)(i). Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/27/23. Internal deadline for referral to district judge if objections are not filed earlier: 10/25/2023. (sjb)
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Filing 6
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS - Plaintiff's motion to proceed in forma pauperis, ECF No. #2 , is GRANTED to the extent that the case may proceed without prepayment of the entire filing fee. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/20/23. (sjb)
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| Filing 5 Notice to Pro Se. (kjw) |
| Filing 4 Case electronically transferred in from District of Florida Middle; Case Number 3:23-cv-01036. Original file with documents numbered 1-4 received. |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #1 Complaint, #2 MOTION to Proceed In Forma Pauperis. Referred to MARTIN A FITZPATRICK. (kjw) |
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Filing 3
ORDER transferring this case to the United States District Court for the Northern District of Florida; directions to the Clerk. Signed by Judge Marcia Morales Howard on 9/14/2023. (CAW) [Transferred from Florida Middle on 9/18/2023.]
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| Filing 2 MOTION to Proceed In Forma Pauperis by Anthony Smith. (Attachments: #1 Trust Fund Account Statement, #2 Mailing Envelope)(EAM) Motions referred to Magistrate Judge Laura Lothman Lambert. [Transferred from Florida Middle on 9/18/2023.] |
| Filing 1 COMPLAINT against Sergeant Filce, Sergeant Howard, Mayo Correctional Institute, Sergeant McGraw, Captain Sievers, Sergeant Thompson filed by Anthony Smith. (No copies received) (Attachments: #1 Mailing Envelope)(EAM) [Transferred from Florida Middle on 9/18/2023.] |
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