BROWN v. HERNANDEZ-PEREZ ET AL
| E HERNANDEZ-PEREZ, Michael R Collins, Luis Rodriguez and ALEXANDER LEO BROWN |
| 3:2022cv07534 |
| June 6, 2022 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| T KENT WETHERELL |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
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Filing 20
ORDER. Defendant Collins' June 13, 2022 motion to dismiss, ECF Doc. #7 , is DENIED AS MOOT. Plaintiffs "Motion to Stay Proceeding until Service of Process is Completed upon Unserved Defendants," ECF Doc. #15 , is DENIED. If Plaintiff opposes Defendant Collins' motion to dismiss the amended complaint, ECF Doc. #16 , he shall file a response within thirty (30) days from the date of this Order showing why the motion should not be granted. (SEE FULL ORDER.) Signed by MAGISTRATE JUDGE HOPE T CANNON on 08/01/22. (jfj)
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| Filing 19 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #17 Notice of Appeal. (jfj) |
| Filing 18 Appeal Instructions re: #17 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter in both the district court and the appeals court. Transcript Order Form due by 8/12/2022. (jfj) |
| Set Deadlines re #17 Notice of Appeal: Clerk to check status of Appeal on 10/27/2022. Certificate of Readiness (FRAP 11) due by 8/15/2022. (jfj) |
| Set Deadlines re: #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MICHAEL R COLLINS. (Internal deadline for referral to judge if response not filed earlier: 8/31/2022). (jfj) |
| Filing 17 NOTICE OF APPEAL as to #14 Order Adopting Report and Recommendation, #11 Order and Report and Recommendation by ALEXANDER LEO BROWN. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #16 DEFENDANT, MICHAEL COLLINS, APRN'S, MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT AND INCORPORATED MEMORANDUM OF LAW. Referred to HOPE T CANNON. (jfj) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MICHAEL R COLLINS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (SHAPIRO, ETHEN) |
| Filing 15 MOTION to Stay Proceeding Until Service of Process is Completed Upon Unserved Defendants by ALEXANDER LEO BROWN. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #15 MOTION to Stay Proceeding Until Service of Process is Completed Upon Unserved Defendants by ALEXANDER LEO BROWN. Referred to HOPE T CANNON. (jfj) |
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Filing 14
ORDER. The magistrate judge's R&R (Doc. #11 ) is adopted and incorporated by reference in this Order. Plaintiff's "Memorandum of Law," docketed as a Motion for Temporary Restraining Order (Doc. #6 ) is DENIED. This case is recommitted to the magistrate judge for further proceedings. If Plaintiff intended the "notice of voluntary dismissal" to dismiss this case in its entirety so as to avoid a potential "strike" under 28 U.S.C. 1915(g), he should promptly advise the magistrate judge. Signed by JUDGE T KENT WETHERELL II on 07/21/22. (jfj)
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #14 ORDER. The magistrate judge's R&R (Doc. #11 ) is adopted and incorporated by reference in this Order. Plaintiff's "Memorandum of Law," docketed as a Motion for Temporary Restraining Order (Doc. #6 ) is DENIED. This case is recommitted to the magistrate judge for further proceedings. If Plaintiff intended the "notice of voluntary dismissal" to dismiss this case in its entirety so as to avoid a potential "strike" under 28 U.S. C. 1915(g), he should promptly advise the magistrate judge. Signed by JUDGE T KENT WETHERELL II on 07/21/22. (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #12 RESPONSE titled "Notice of Voluntary Dismissal" by ALEXANDER LEO BROWN re #11 Order and Report and Recommendation, by ALEXANDER LEO BROWN. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #13 Amended Complaint. (jfj) |
| Filing 13 FIRST AMENDED COMPLAINT against All Defendants, filed by ALEXANDER LEO BROWN. (jfj) |
| Filing 12 RESPONSE titled "Notice of Voluntary Dismissal" by ALEXANDER LEO BROWN re #11 Order and Report and Recommendation, by ALEXANDER LEO BROWN. (jfj) |
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Filing 11
ORDER and REPORT AND RECOMMENDATION. It is ORDERED: The clerk shall send a section 1983 complaint form for use by prisoners to Plaintiff. This case number shall be written on the form, and "Amended Complaint" shall be typed on the complaint form. Within twenty-one (21) days from the date of this order, Plaintiff shall file an amended complaint, compliant with the instructions set forth herein, and which shall be typed or clearly written and submitted on the provided form. Alternatively, he may file a notice of voluntary dismissal in the same time to avoid a strike under the PLRA. It is further respectfully RECOMMENDED: That Plaintiff's "Memorandum of Law," docketed as a Motion For Temporary Restraining Order, ECF Doc. #6 , be DENIED. That this matter be referred back to the magistrate judge for further proceedings. Signed by MAGISTRATE JUDGE HOPE T CANNON on 06/29/22. (Internal deadline for referral to district judge if objections are not filed earlier: 7/27/2022.) (Amended Complaint or Notice of Voluntary Dismissal due by 7/20/2022.) (Form mailed as directed.) (jfj)
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Filing 10
ORDER. Plaintiff's Motion for Leave to File an Amended and Supplemental Complaint (ECF Doc. #9 ) is DENIED. Signed by MAGISTRATE JUDGE HOPE T CANNON on 06/28/22. (jfj)
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| Filing 9 MOTION for Leave to File an Amended and Supplemental Complaint by ALEXANDER LEO BROWN. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #9 MOTION for Leave to File an Amended and Supplemental Complaint by ALEXANDER LEO BROWN. Referred to HOPE T CANNON. (jfj) |
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Filing 8
ORDER. If Plaintiff opposes the motion to dismiss (ECF Doc. #7 ), he shall file a response within thirty (30) days from the date of this order showing why the motion should not be granted. Plaintiff is advised that under Local Rule 7.1(H), the Court may grant Defendant's motion by default if Plaintiff does not file a written opposition to the motion. In other words, the Court may consider the motion unopposed if Plaintiff does not file a written opposition. The Court will take the motion (ECF Doc. #7 ) under advisement after the expiration of the 30-day period and may issue a determination without a hearing. Signed by MAGISTRATE JUDGE HOPE T CANNON on 06/15/22. (Response to motion due by by 7/15/2022.) (jfj)
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| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Dismiss a Party by MICHAEL R COLLINS. (Attachments: #1 Exhibit) (SHAPIRO, ETHEN) |
| Set Deadlines RE: #7 DEFENDANT, MICHAEL COLLINS, APRN'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT AND INCORPORATED MEMORANDUM OF LAW. (Internal deadline for referral to judge if response not filed earlier: 6/27/2022). (jfj) Modified/Terminated on 6/15/2022 (jfj). |
| Filing 6 MOTION for Temporary Restraining Order by ALEXANDER LEO BROWN. (Attachments: #1 Affidavit, #2 Text of Proposed Order) (jfj) |
| Filing 5 COMPLAINT against All Defendants, filed by ALEXANDER LEO BROWN. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #5 Complaint, #6 MOTION for Temporary Restraining Order. Referred to HOPE T CANNON. (jfj) |
| Filing 4 Notice to Pro Se Litigant. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #1 Notice of Removal. (jfj) |
| Filing 3 CIVIL COVER SHEET. (SHAPIRO, ETHEN) |
| Filing 2 NOTICE of Appearance by ETHEN R SHAPIRO on behalf of Michael R Collins (SHAPIRO, ETHEN) |
| Filing 1 NOTICE OF REMOVAL by Michael R Collins from FIRST JUDICIAL CIRCUIT SANTA ROSA COUNTY FLORIDA, case number 2022-CA-0068. ( Filing fee $ 402 receipt number AFLNDC-7157049.), filed by Michael R Collins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit) (SHAPIRO, ETHEN) |
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