ZERBY v. MCNEIL
Plaintiff: VICTOR CHARLES ZERBY
Defendant: WALTER A MCNEIL
Case Number: 3:2009cv00284
Filed: July 2, 2009
Court: U.S. District Court for the Northern District of Florida
Office: Pensacola Office
County: Santa Rosa
Presiding Judge: LACEY A COLLIER
Presiding Judge: MILES DAVIS
Nature of Suit: None
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
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Date Filed Document Text
December 3, 2010 Opinion or Order Filing 68 ORDER ADOPTING 67 SECOND REPORT AND RECOMMENDATION. The pla's claims for injunctive relief against dfts Ellis and Smith are DISMISSED as moot. The pla's remaining claims for punitive damages against dfts Ellis and Smith are DISMISSED WITHOUT PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii). In the alternative to the above, pla's claims against dfts Ellis and Smith are DISMISSED WITHOUT PREJUDICE for failure to comply with an order of the court. Judgment is entered in accordance with the order adopting this Second Report and Recommendation, and in accordance with the court's July 6, 2010 50 order adopting the magistrate's first Report and Recommendation. All pending motions are DENIED as moot. The clerk is directed to close the file. Signed by SENIOR JUDGE LACEY A COLLIER on December 3, 2010. (kvg)
November 2, 2010 Opinion or Order Filing 67 SECOND REPORT AND RECOMMENDATION re 8 Amended Complaint filed by VICTOR CHARLES ZERBY - It is recommended: - - 1. That pla's claims for injunctive relief against dfts ELLIS and SMITH be Dismissed as moot. - 2. That pla' s remaining claims for punitive damages against dfts ELLIS and SMITH be Dismissed Without Prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii). -3. That, in the alternative to above, pla's claims against dfts ELLIS and SMITH be Dismissed Without p rejudice for failure to comply with an order of the court. - 4. That judgment be entered in accordance with the order adopting this second report and recommendation, and in accordance with the court's July 6, 2010 order 50 adopting the undersi gned's first Report and Recommendation. - 5. That all pending motions be Denied as moot. - 6. That clerk be directed to close the file. -- R&R flag set -- Internal deadline for referral to district judge if objections are not filed earlier: 11/30/2010.- - - Signed by MAGISTRATE JUDGE MILES DAVIS on November 2, 2010.(cbj)
July 6, 2010 Opinion or Order Filing 50 ORDER ADOPTING 45 Report and Recommendation. - Defendants McNeil and Kemp's 28 Motion to Dismiss is Granted and pla's claims against them are Dismissed With Prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii). - This case is referred to the magistrate judge for further proceedings against the remaining defendants. - - Signed by SENIOR JUDGE LACEY A COLLIER on July 6, 2010. (cbj)
June 3, 2010 Opinion or Order Filing 47 ORDER re 46 MOTION for Summary Judgment filed by SMITH, ELLIS - - - 1. On July 6, 2010 (the "submission date"), the motion for will be deemed submitted on the motion, the pleadings, and the evidentiary materials filed in this case. On or at any time after this submission date, the court shall consider the motion and may resolve the motion and this case without an evidentiary hearing. - 2. On or before submission date, plaintiff may file a response to the motion. - 3. Any documents or evidence filed after the submission date will not be considered by the court, absent exceptional circumstances. - (Response to motion due by 7/6/2010 ; Notify Chambers on 7/6/2010. ) - - - Signed by MAGISTRATE JUDGE MILES DAVIS on June 3, 2010. (cbj)
November 30, 2009 Opinion or Order Filing 24 ORDER re 22 Summons Returned Unexecuted, - - 1. Clerk shall re-issue summons, indicating that defendant (former) Warden ELLIS has 60 days to file responsive pleading. Clerk shall send summons, copy of this order, a copy of the co urt's October 15, 2009 order (doc. 15 ), and a service copy of the amended complaint (doc. 8 ) for defendant ELLIS to Perri Dale, Deputy General Counsel for the FL DOC, 2601 Blairstone Road, Tallahassee, FL 32399-2500. - 2. The Office of the General Counsel for the FL DOC shall have forty-five (45) days from date of this order in which to either: (1) inform the USMS in confidence of defendant Ellis' address for service or (2) enter an appearance on Ellis' behalf, or (3) advise the court that neither alternative is possible. If defendant Ellis' address is provided to the USM, the Office of the General Counsel shall file a notice with the court advising that this has been done. - - - ( Miscellaneous Deadline - by 1/14/2010. ) - - - Signed by MAGISTRATE JUDGE MILES DAVIS on November 30, 2009.- - (cc: USM w/sm, etc.) (cbj)
November 9, 2009 Opinion or Order Filing 19 ORDER (Of Deficiency) - Plaintiff's 18 Motion to engage in pre-scheduling discovery is DENIED without prejudice with leave given to re-file after correcting the above deficiency. - - Signed by MAGISTRATE JUDGE MILES DAVIS on November 9, 2009. (cbj)
October 15, 2009 Opinion or Order Filing 15 ORDER re 8 Amended Complaint filed by VICTOR CHARLES ZERBY, 14 Letter from USM. - Clerk shall reissue summons as to defendants WARDEN ELLIS and MS SMITH, indicating 60 days to respond to amended complaint, and refer summonses & two copies of amended complaint to USM. - Clerk shall also sent USMS a copy of this order for each of these defendants (Ellis and Smith). - If service is returned unexecuted, or if return is not filed w/in forty-five (45) days from date of this order, the Clerk shall immediately notify chambers. - - ( Notify Chambers on 11/30/2009. )- - Signed by MAGISTRATE JUDGE MILES DAVIS on October 15, 2009. - (USM w/summons, etc) (cbj)
September 15, 2009 Opinion or Order Filing 10 ORDER re 8 Amended Complaint filed by VICTOR CHARLES ZERBY - The docket shall reflect four defendants: WALTER MCNEIL, WARDEN ELLIS, MS. KEMP and MS. SMITH. - Clerk shall issue summons for each defendant and refer to the USMS alon g with the service copies of the amended complaint. - Clerk shall also send the USMS a copy of this order for each defendant. - If service is returned unexecuted, or if a return is not filed within forty-five (45) days from order date, the Clerk shal l immediately notify chambers. - Clerk shall forward to plaintiff a form for consenting to trial by magistrate judge, with the case number written on it. - Clerk shall return this file to undersigned no later than October 30, 2009. - - ( Notify Chambers on 10/30/2009.) - - Signed by MAGISTRATE JUDGE MILES DAVIS on September 15, 2009.- (Consent form to pla; Summons & service copies to USMS as directed herein) (cbj)
August 25, 2009 Opinion or Order Filing 6 ORDER re 1 Complaint, 2 MOTION for Leave to Proceed in forma pauperis, 5 Prisoner Trust Fund Account Statement filed by VICTOR CHARLES ZERBY; - Plaintiff's IFP motion is Granted to extent that case may proceed w/o p repayment of entire filing fee. - Clerk shall not assess pla an initial partial filing fee. However, total fee remains $350.00. - Clerk shall mail copy of this order w/appropriate cover letter to: DOC. - Within thirty (30) days f rom order date, pla shall submit four identical copies of his complaint with this case number written on the copies. - Service Copies due by 9/24/2009. Signed by MAGISTRATE JUDGE MILES DAVIS on August 25, 2009.(copy w/letter to DOC) (cbj)
July 15, 2009 Opinion or Order Filing 4 ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by VICTOR CHARLES ZERBY, 1 Complaint filed by VICTOR CHARLES ZERBY. - - Within thirty (30) days from order date, plaintiff shall either (1) file a copy of trust fund account statement, or (2) submit filing fee in amount of $350.00. - Miscellaneous Deadline - by 8/13/2009. Signed by MAGISTRATE JUDGE MILES DAVIS on July 15, 2009. (cbj)
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Plaintiff: VICTOR CHARLES ZERBY
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Defendant: WALTER A MCNEIL
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