GAINEY v. BRASSEUR
| JOSEPH MATTHEW GAINEY |
| D BRASSEUR |
| 3:2019cv01699 |
| June 18, 2019 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| M CASEY RODGERS |
| Prisoner Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 7
ORDER and REPORT AND RECOMMENDATION. RECOMMENDED that all claims against Defendants Edmonds and McDaniel be DISMISSED without prejudice under 28 U.S.C. 1915A(b)(1) and 1915(e)(2)(B)(ii), for Plaintiffs failure to state a claim on which relief may be granted. That the clerk be directed to terminate Edmonds and McDaniel as Defendants and refer this case back to the undersigned for further proceedings against Defendant Brasseur. ORDERED that Plaintiff is directed to submit to the Court one (1) service copy of his first amended complaint. The service copy should be identical to the first amended complaint at ECF Doc. #4 . In the alternative, Plaintiff may pay to the clerk the costs of copying his petition, at a rate of fifty cents ($.50) per page. Plaintiff must submit the copy or the payment for copying, by September 4, 2019. (Internal deadline for referral to district judge if objections are not filed earlier: 9/3/2019.) (Service Copy due by 9/4/2019.) Signed by MAGISTRATE JUDGE HOPE T CANNON on 8/6/2019. (sdw)
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Filing 6
ORDER GRANTING #5 LEAVE TO PROCEED IN FORMA PAUPERIS. Because Plaintiff has funds in his inmate account, the clerk shall assess Plaintiff an initial partial filing fee of $11.16. The clerk shall mail a copy of this order with the appropriate cover letter to the Department of Corrections. (Filing Fee due by 9/3/2019.) Signed by MAGISTRATE JUDGE HOPE T CANNON on 8/1/2019. (order w/ letter to DOC) (sdw)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #5 MOTION for Leave to Proceed in forma pauperis, #4 Amended Complaint. Referred to HOPE T CANNON. (alb) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by JOSEPH MATTHEW GAINEY. (alb) |
| Filing 4 FIRST AMENDED COMPLAINT against D BRASSEUR, Chief Edmonds, Captain McDaniel, filed by JOSEPH MATTHEW GAINEY. (no service copies.) (alb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #3 Order. (amended complaint/IFP motion/filing fee not received) (sdw) |
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Filing 3
ORDER. The clerk shall send Plaintiff a 1983 complaint form for use by prisoners, and a form application to proceed in forma pauperis. Within thirty (30) days from the date of this order, Plaintiff shall file an amended complaint. Within the same time, Plaintiff shall either pay the full $400.00 filing fee or file a complete application to proceed in forma pauperis. (Amended Complaint due by 7/24/2019. IFP motion/Fee due by 7/24/2019.) Signed by MAGISTRATE JUDGE HOPE T CANNON on 6/24/2019. (forms to Pla) (sdw)
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| Filing 2 Notice to Pro Se litigant JOSEPH MATTHEW GAINEY. (sdw) |
| Filing 1 COMPLAINT against D BRASSEUR filed by JOSEPH MATTHEW GAINEY. (missing page 1)(no service copies)(no filing fee/IFP motion) (sdw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #1 Complaint. (sdw) |
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| Plaintiff: JOSEPH MATTHEW GAINEY | |
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| Defendant: D BRASSEUR | |
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