BILAL v. BENOIT et al
| JAMAAL ALI BILAL, JOHN L. BURTON and SUPERMAN |
| JEFFREY BENOIT, JOHN HODGES, TED SHAW, DEPARTMENT OF CHILDREN FAMILY SERVICES, GREGORY PRITCHARD, KAREN PARKER, DANIELLE KOSKEY, CAROLE DEPASS, ESCAMBIA COUNTY SHERIFF OFFICE, DONALD SAWYER, FLORIDA CIVIL COMMITMENT CENTER, KRISTEN KANNER, MIKE STEELE, BILL DAVIS, JR, DEPARTMENT OF CORRECTIONS, ASHLEY MOODY and THOMAS KEITH |
| 3:2023cv04754 |
| March 2, 2023 |
| 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 |
Docket Report
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #31 Amended Complaint. (jfj) |
| Filing 31 FIRST AMENDED COMPLAINT against All Defendants, filed by JAMAAL ALI BILAL. (Attachments: #1 Attachment) (jfj) |
| Filing 30 REPORT AND RECOMMENDATION. It is RECOMMENDED: That Defendant Hodges' motion to dismiss, ECF Doc. #17 , be GRANTED to the extent that all federal claims against Hodges should be DISMISSED WITH PREJUDICE. That Defendant ECSO's motion to dismiss, ECF Doc. #23 , be GRANTED to the extent that all federal claims against the ECSO should be DISMISSED WITH PREJUDICE. That, pursuant to the Court's inherent authority, all federal claims against the unserved Defendants should be DISMISSED WITH PREJUDICE as frivolous. That Plaintiff's motions to remand, ECF Docs. #9 & #29 , be DENIED AS MOOT. That Defendant ECSO's motion to strike Plaintiff's corrected amended complaint, ECF Doc. #26 , be DENIED AS MOOT. That Plaintiff's state law claims be REMANDED to the Circuit Court of the First Judicial Circuit in and for Escambia County, Florida. Signed by MAGISTRATE JUDGE HOPE T CANNON on 04/21/23. R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 5/19/2023.) (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #26 MOTION to Strike Plaintiff's Corrected Amended Complaint. Referred to HOPE T CANNON. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #28 RESPONSE to Motion re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JAMAAL ALI BILAL. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #29 Plaintiff's Second MOTION to Remand with an Award of cost by JAMAAL ALI BILAL. Referred to HOPE T CANNON. (jfj) |
| Filing 27 Judicial NOTICE and Supplemental Authority in RESPONSE to #23 Defendant's HODGES and ESCAMBIA COUNTY SHERIFF's MOTIONS TO DISMISS, filed by JAMAAL ALI BILAL. (mb) |
| Filing 26 MOTION to Strike Plaintiff's Corrected Amended Complaint by ESCAMBIA COUNTY SHERIFF OFFICE. (Internal deadline for referral to judge if response not filed earlier: 5/1/2023). (YARBROUGH, ALYSSA) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #27 Judicial NOTICE and Supplemental Authority in RESPONSE to #23 Defendant's HODGES and ESCAMBIA COUNTY SHERIFF's MOTIONS TO DISMISS. Referred to HOPE T CANNON. (mb) |
| Filing 29 Plaintiff's Second MOTION to Remand with an Award of cost by JAMAAL ALI BILAL. (Attachments: #1 Exhibits) (jfj) |
| Filing 28 RESPONSE to Motion re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JAMAAL ALI BILAL. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #25 Mail Returned. (jfj) |
| Filing 25 Mail Returned as Undeliverable. Mail sent to JAMAAL ALI BILAL Re: #14 ORDER. (Return to Sender, No Such Number, Unable to Forward.) (jfj) |
| Filing 24 Plaintiff's Judicial NOTICE that Defendant Hodges Did Not Consent for Removal and that any Belated Consent Must Be Stricken by JAMAAL ALI BILAL. (jfj) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ESCAMBIA COUNTY SHERIFF OFFICE. (YARBROUGH, ALYSSA) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #23 DEFENDANT ESCAMBIA COUNTY SHERIFF'S OFFICE'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT. Referred to HOPE T CANNON. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #24 Plaintiff's Judicial NOTICE that Defendant Hodges Did Not Consent for Removal and that any Belated Consent Must Be Stricken by JAMAAL ALI BILAL. (jfj) |
| Filing 22 Plaintiff's RESPONSE to #17 Defendant Hodges' MOTION to Dismiss filed by JAMAAL ALI BILAL. (jfj) |
| Filing 21 Mail Returned as Undeliverable. Mail sent to JAMAAL ALI BILAL Re: #10 ORDER.(Return to Sender, No Such Number, Unable to Forward) (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #21 Mail Returned, #22 Plaintiff's RESPONSE to #17 Defendant Hodges' MOTION to Dismiss filed by JAMAAL ALI BILAL. (jfj) |
| Filing 20 Plaintiff's Judicial Notice of Filing the Correct Copy of the March 4, 2023 Amended Complaint which Added Defamation Claim by JAMAAL ALI BILAL (Attachments: #1 Amended Complaint) (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #20 Plaintiff's Judicial Notice of Filing the Correct Copy of the March 4, 2023 Amended Complaint which Added Defamation Claim by JAMAAL ALI BILAL. (jfj) |
| Filing 19 DOCKET ANNOTATION BY COURT: Re #18 Mail Returned. ORDER #5 resent per chambers request. (mb) |
| Filing 18 Mail Returned as Undeliverable. Mail sent to JAMAAL ALI BILAL Re: #5 ORDER. (RETURN TO SENDER; NO SUCH NUMBER; UNABLE TO FORWARD). (mb) |
| Filing 17 MOTION to Dismiss Plaintiff's Amended Complaint with Prejudice by DR JOHN HODGES. (Internal deadline for referral to judge if response not filed earlier: 4/6/2023). (See #15 Order) (jfj) |
| Filing 16 AMENDED COMPLAINT against All Defendants, filed by JAMAAL ALI BILAL. (See #15 Order) (jfj) |
Filing 15
ORDER. The clerk is directed to post Plaintiff's amended complaint, ECF Doc. #6 -5, and Defendant Hodges' motion to dismiss, ECF Doc. #6 -56, as separate entries on the docket. The amended complaint is the operative pleading in this case. Defendant ECSO's motion to strike the amended complaint, ECF Doc. #4 , is DENIED, and its motion to dismiss the original complaint, ECF Doc. #4 , is MOOT. Defendant ECSO shall have fourteen (14) days from the date of this Order to file a response to Plaintiff's amended complaint. Plaintiff shall have fourteen (14) days from the date of this Order to file a response to Defendant Hodges motion to dismiss the amended complaint. Signed by MAGISTRATE JUDGE HOPE T CANNON on 03/23/23. (jfj)
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| Set Deadlines re #15 Order: ESCAMBIA COUNTY SHERIFF OFFICE answer due 4/6/2023. Plaintiff's response to Defendant Hodges' Motion to Dismiss Amended Complaint due by 4/6/2023. (jfj) |
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Filing 14
ORDER. Plaintiff's "Motion to Sixty (60) Day Time Extension or in the Alternative Motion to Appoint Pro Bono Counsel at Pleading Stage" ECF Doc. #11 , is DENIED. Signed by MAGISTRATE JUDGE HOPE T CANNON on 03/22/23. (jfj)
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| Filing 13 RESPONSE by JOHN HODGES re #1 Notice of Removal, John Hodges' Consent to Removal of Civil Action from State Court to Federal Court. (BARROWS, JOSHUA) |
| Filing 12 NOTICE of Appearance by JOSHUA CHRISTOPHER BARROWS on behalf of JOHN HODGES (BARROWS, JOSHUA) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #13 DEFENDANT JOHN HODGES' CONSENT TO REMOVAL OF CIVIL ACTION FROM STATE COURT TO FEDERAL COURT. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #11 MOTION to Sixty (60) Day Time Extension or in the Alternative Motion to Appoint Pro Bono Counsel at Pleading Stage by JAMAAL ALI BILAL. Referred to HOPE T CANNON. (jfj) |
| Filing 11 MOTION to Sixty (60) Day Time Extension or in the Alternative Motion to Appoint Pro Bono Counsel at Pleading Stage by JAMAAL ALI BILAL. (jfj) |
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Filing 10
ORDER - That Plaintiff's motion to recuse (Doc. #8 ) is DENIED. Signed by JUDGE T KENT WETHERELL II on 3/14/2023. (mb)
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| Filing 9 MOTION to Remand, by JAMAAL ALI BILAL. (mb) |
| Filing 8 MOTION to Recuse Judge KENT WETHERELL II, by JAMAAL ALI BILAL. (mb) |
| Filing 7 NOTICE to Court that Plaintiff Does Not Consent to U.S. Magistrate-Judge Jurisdiction, by JAMAAL ALI BILAL. (mb) |
| Motions No Longer Referred: #8 MOTION to Recuse Judge KENT WETHERELL II. (mb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #8 MOTION to Recuse Judge KENT WETHERELL II. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #7 Notice to Court that Plaintiff Does Not Consent to U.S. Magistrate-Judge Jurisdiction, #8 MOTION for Recuse Judge KENT WETHERELL II, #9 MOTION to Remand. Referred to HOPE T CANNON. (mb) |
| Filing 6 NOTICE of Filing State Court Documents by ESCAMBIA COUNTY SHERIFF OFFICE (Attachments: #1 Exhibit Tort Complaint, #2 Exhibit Application for Civil Indigent Status, #3 Exhibit Correspondence of Clerk to Plaintiff, #4 Exhibit Application for Indigent Status, #5 Exhibit Amended Tort Complaint, #6 Exhibit Affidavit of Indigent Status, #7 Exhibit Correspondence of Plaintiff, #8 Exhibit Correspondence of Plaintiff, #9 Exhibit Summons issued Dr. Jeffrey Benoit, #10 Exhibit Summons issued Dr. John Hodges, #11 Exhibit Summons issued Secretary Department of Children and Families, #12 Exhibit Summons issued Dr. Gregory Pritchard, #13 Exhibit Summons issued Dr. Karen Parker, #14 Exhibit Summons issued Dr. Danielle Koskey, #15 Exhibit Summons issued Dr. Carole DePass, #16 Exhibit Summons issued Sheriff Escambia County, #17 Exhibit Summons issued Dr. Donald Sawyer, #18 Exhibit Summons issued Kristen Kanner, #19 Exhibit Summons issued Mike Steele, #20 Exhibit Summons issued Bill Davis, #21 Exhibit Summons issued Secretary Department of Corrections, #22 Exhibit Summons issued Ashley Moody, #23 Exhibit Summons issued Thomas Keith, #24 Exhibit Summons issued Dr. Ted Shaw, #25 Exhibit Summons issued Mark Itch, #26 Exhibit Summons issued Sheriff Santa Rosa County, #27 Exhibit Order regarding Required Reporting, #28 Exhibit Notice of Lack of Prosecution Motion to Dismiss and Notice of Hearing, #29 Exhibit Correspondence of Plaintiff, #30 Exhibit Plaintiffs Response to Courts Order to Show Cause with Request for 30-Day Extension of Time to Serve Summons and Complaint Motion for Appointment of Counsel on an Interim Basis Notice to Court of Plaintiffs Address Change, #31 Exhibit Notice of Change of Address and Request for Alias Summons, #32 Exhibit Plaintiffs Response to Courts Order to Show Cause with Request for 30 Day Extension of Time to Serve Summons and Complaint Motion for Appointment of Counsel on an Interim Basis Notice to Court of Plaintiffs Address Change, #33 Exhibit Lab Results, #34 Exhibit Alias Summons Issued Dr. Jeffrey Benoit, #35 Exhibit Alias Summons Issued Dr. John Hodges, #36 Exhibit Alias Summons Issued Secretary Department of Children and Families, #37 Exhibit Alias Summons Issued Dr. Gregory Pritchard, #38 Exhibit Alias Summons Issued Dr. Karen Parker, #39 Exhibit Alias Summons Issued Dr. Danielle Koskey, #40 Exhibit Alias Summons Issued Dr. Carole DePass, #41 Exhibit Alias Summons Issued Sheriff Escambia County, #42 Exhibit Alias Summons Issued Dr. Donald Sawyer, #43 Exhibit Alias Summons Issued Kristen Kanner, #44 Exhibit Alias Summons Issued Mike Steele, #45 Exhibit Alias Summons Issued Bill Davis, #46 Exhibit Alias Summons Issued Secretary Department of Corrections, #47 Exhibit Alias Summons Issued Ashley Moody, #48 Exhibit Alias Summons Issued Thomas Keith, #49 Exhibit Alias Summons Issued Dr. Ted Shaw, #50 Exhibit Alias Summons Issued Mark Itch, #51 Exhibit Alias Summons Issued Sheriff Santa Rosa County, #52 Exhibit Order Regarding Required Reporting, #53 Exhibit Summons Returned Served, #54 Exhibit Summons Returned Not Served, #55 Exhibit Notice of Appearance and Designation of E-Mail Address Dr. John Hodges, #56 Exhibit Dr. John Hodges Motion to Dismiss Plaintiffs Amended Complaint, #57 Exhibit Notice of Zoom Hearing, #58 Exhibit Alias Summons Returned Served, #59 Exhibit Defendant Escambia County Sheriffs Office Notice of Appearance., #60 Exhibit Defendant Escambia County Sheriffs Office Notice of Removal to Federal Court, #61 Exhibit Exhibit A - Correspondence with Co-Defense Counsel) (YARBROUGH, ALYSSA) |
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Filing 5
ORDER. If Plaintiff opposes Defendant's motion, ECF Doc. #4 , he shall file a response within thirty (30) days of the date of this Order showing why the motion should not be granted. Plaintiff is advised that under N.D. Fla. Loc. R. 7.1(H), the Court may grant Defendant's motion by default if Plaintiff does not file a written response to the motion. In other words, the Court may consider the motion unopposed if Plaintiff does not file a response. Defendant Escambia County Sheriff's Office shall file a complete copy of the state court record with this Court as soon as possible and, in any event, by no later than March 16, 2023. Signed by MAGISTRATE JUDGE HOPE T CANNON on 03/09/23. (Defendant to file state court record by 3/16/2023. Response to motion due by 4/10/2023.) (jfj)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #1 Notice of Removal, #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Referred to HOPE T CANNON. (jfj) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ESCAMBIA COUNTY SHERIFF OFFICE. (YARBROUGH, ALYSSA) |
| Filing 3 NOTICE of Appearance by ALYSSA M YARBROUGH on behalf of ESCAMBIA COUNTY SHERIFF OFFICE (YARBROUGH, ALYSSA) |
| Filing 2 CIVIL COVER SHEET. (YARBROUGH, ALYSSA) |
| Filing 1 NOTICE OF REMOVAL by ESCAMBIA COUNTY SHERIFF OFFICE from First Judicial Circuit, Escambia County, FL, case number 21-CA-1299. ( Filing fee $ 402 receipt number AFLNDC-7738470.), filed by ESCAMBIA COUNTY SHERIFF OFFICE. (Attachments: #1 Exhibit Exhibit A: Initial Complaint, #2 Exhibit Exhibit B: Summons Issued to Sheriff's Office, #3 Exhibit Exhibit C: State Notice of Removal) (YARBROUGH, ALYSSA) |
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