LEWIS v. BROWN et al
| PRESTON LEWIS |
| MASSEY, JOHN DOE and KRISTIN BROWN |
| 3:2025cv01264 |
| August 6, 2025 |
| U.S. District Court for the Northern District of Florida |
| HOPE T CANNON |
| M CASEY RODGERS |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
This docket was last retrieved on July 15, 2026. A more recent docket listing may be available from PACER.
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Filing 25
ORDER. By February 2, 2026, Lewis shall show cause why this action should not be dismissed for his failure to prosecute or follow an order of the Court. Lewis may respond to the show cause order by filing a notice of change of address. By February 16, 2026, Lewis shall file a response to Defendants' motion to dismiss (Doc. #17 ). Under N.D. Fla. Loc. R. 7.1(H), the Court may consider the motion unopposed if Lewis does not file a response. The clerk shall send one (1) copy of this Order to Lewis-as a matter of courtesy only-to the following address: Inmate Legal Mail, P.O. Box 17800, Pensacola, Florida 32522. Lewis is advised that future communications will continue to go to the address on file until he files his notice of change of address. Lewis's failure to follow this Order shall result in a recommendation of dismissal. Signed by MAGISTRATE JUDGE HOPE T CANNON on 01/27/26. (Show Cause Response/Notice of Change of Address due by 2/2/2026. Response to motion due by 2/16/2026.) (Copy sent as directed.) (jfj)
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| Filing 24 NOTICE Regarding Exhibits by KRISTIN BROWN, MASSEY re #22 Order,,,, Set Deadlines/Hearings,,, (CARSON, MATTHEW) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #24 NOTICE REGARDING EXHIBITS. (jfj) |
| Filing 23 NOTICE of Change of Address by MATTHEW JOSEPH CARSON (CARSON, MATTHEW) |
Filing 22
ORDER. Within twenty-four (24) hours of this Order, Defendants shall send Lewis one (1) copy of their motion to dismiss (Doc. #17 ) to the following address: Inmate Legal Mail, P.O. Box 17800, Pensacola, Florida 32522. Defendants shall contact the Escambia County Jail and arrange for Lewis to have an opportunity to view the video exhibits attached to their motion to dismiss (Doc. #19 ). Lewis shall have fourteen (14) days from the date of this Order to respond to Defendants' motion to dismiss (Doc. #17 ). Lewis is advised that under N.D. Fla. Loc. R. 7.1(H), the Court may grant Defendants' motion by default if he does not file a written response to the motion. In other words, the Court may consider the motion unopposed if Lewis does not file a response. Signed by MAGISTRATE JUDGE HOPE T CANNON on 01/08/26. (Response to motion due by 1/22/2026.) (Copies sent to plaintiff at residential address and Escambia County Jail.) (jfj)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #18 Order. Response to Motion Due 12/30/2025. (Response not filed.) (jfj) |
| Filing 21 NOTICE to #18 Order by PRESTON LEWIS. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #21 NOTICE to #18 Order. (jfj) |
| Filing 20 DOCKET ANNOTATION BY COURT: Re #19 NOTICE of Filing Exhibits by KRISTIN BROWN, MASSEY re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Thumb drive labeled, sealed, and placed in envelope in cabinet. (jfj) Modified/Thumb drive given to Chambers on 1/2/2026 (jfj). Modified/Thumb drive returned to Clerk's Office on 1/2/2026 (jfj). |
| Filing 19 NOTICE of Filing Exhibits by KRISTIN BROWN, MASSEY re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (One thumb drive received.) (jfj) |
Filing 18
ORDER. Defendants have filed a motion to dismiss Plaintiff Preston Lewis's amended complaint. Doc. #17 . Pursuant to this Court's Local Rules, oppositions to motions must be filed within fourteen (14) days of the date the motion was served. Lewis is advised that under N.D. Fla. Loc. R. 7.1(H), the Court may grant Defendants' motion by default if he does not file a written response to the motion. In other words, the Court may consider the motion unopposed if Lewis does not file a response. Signed by MAGISTRATE JUDGE HOPE T CANNON on 12/17/25. (Response to motion due by 12/30/2025.) (jfj) Modified deadline on 12/18/2025 (jfj).
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Referred to HOPE T CANNON. (jfj) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by KRISTIN BROWN, MASSEY. (Attachments: #1 Officer Masseys Body-worn Camera Footage, July 6, 2025, #2 Officer Harris Body-worn Camera Footage, July 6, 2025, #3 Arrest Report, Case No. PPD25OFF004046, #4 Escambia County Dockets) (CARSON, MATTHEW) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #15 Notice of Appearance, #16 Waiver of the Service of Summons (Sidney Massey). (jfj) |
| Filing 16 NOTICE of Waiver of the Service of Summons by MASSEY (CARSON, MATTHEW) |
| Filing 15 NOTICE of Appearance by MATTHEW JOSEPH CARSON on behalf of KRISTIN BROWN, MASSEY (CARSON, MATTHEW) |
| Filing 14 Summons Issued as to MASSEY, per #13 ORDER. (All documents placed in USMS mailbox in Clerk's Office.) (jfj) |
Filing 13
ORDER. The clerk is directed to issue a summons for Defendant Officer Massey, indicating Massey has twenty-one (21) days in which to file a response to the amended complaint. The clerk shall send the summons, a copy of this Order, and a prepared service copy of the first amended complaint (Doc. #6 ) to the USMS. Pursuant to Fed. R. Civ. P. 4(c)(3), all costs of service shall be advanced by the United States. The clerk shall refer this file to the undersigned if the summons for Defendant Massey is returned unexecuted. (SEE FULL ORDER) Signed by MAGISTRATE JUDGE HOPE T CANNON on 11/10/25.(Deadline for Clerk to check status of service - by 12/15/2025.) (jfj)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #10 Order. (Waiver of Service forms not received from Pensacola Police Officer Massey.) (jfj) |
| Filing 12 SUMMONS Returned Executed City of Pensacola / KRISTIN BROWN served on 10/23/2025, answer due 12/22/2025. (jfj) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #12 Summons Returned Executed. (jfj) |
| Filing 11 Summons Issued as to City of Pensacola/ KRISTIN BROWN, per #10 ORDER. (All documents placed in USMS mailbox in Clerk's Office.) (jfj) |
Filing 10
ORDER. The clerk shall issue a summons for the City of Pensacola, indicating it has sixty (60) days from the date of service in which to file a response to the first amended complaint (Doc. #6 ). The clerk shall prepare Notice of a Lawsuit and Request to Waive Service of a Summons (AO-398) forms for Pensacola Police Officer Massey and Acting Chief of Police Kristin Brown, indicating they have thirty (30) days to return a signed waiver. The clerk shall also prepare two (2) Waiver of the Service of Summons (AO-399) forms for each of these Defendants. The clerk shall provide the USMS with the summons, the prepared AO-398 and AO-399 forms, the three (3) service copies of the first amended complaint (Doc. #6 ), and three (3) copies of this Order. Within fourteen (14) days from the date of this Order, the USMS shall attempt to serve each Defendant. (SEE FULL ORDER) Signed by MAGISTRATE JUDGE HOPE T CANNON on 10/07/25. (Deadline for Clerk to check status of waivers- by 11/6/2025.) (Forms prepared as directed.) (jfj)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: 9 Docket Annotation. Three service copies of Second Amended Complaint received. (jfj) |
| Filing 9 DOCKET ANNOTATION BY COURT: Re #8 Order. Three service copies of Second Amended Complaint received. (jfj) |
Filing 8
ORDER. The clerk shall STRIKE Lewis's "Second Amended Complaint" (Doc. #7 ). The clerk shall substitute Kristin Brown, Acting Chief of the Pensacola Police Department, for Eric Randall on the docket. The clerk shall terminate all Defendants other than Brown, Massey, and the John Doe Defendants. Lewis shall have fourteen (14) days from the date of this Order to submit three (3) service copies of his first amended complaint (Doc. #6 ). The service copies must be identical to the first amended complaint filed with the Court. This case number should be written on the service copies. Alternatively, and within the same time, Lewis may submit $31.50 for the Court to make the three (3) service copies of his 21-page first amended complaint. Lewis shall notify the Court of any changes to his address within seven (7) days of the change by filing a notice of change of address. Lewis's failure to comply with this Order as instructed may result in a recommendation that this case be dismissed. Signed by MAGISTRATE JUDGE HOPE T CANNON on 09/18/25. (Deadline to submit service copies/payment for copies - by 10/2/2025.) (jfj)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #7 Amended Complaint. (jfj) |
| Filing 7 **STRICKEN** AMENDED COMPLAINT against All Defendants, filed by PRESTON LEWIS. (titled "SECOND AMENDED" COMPLAINT) *Received by USPS mail on 09/10/25. (not exactly the same as #6 AMENDED COMPLAINT) (jfj) Modified/Stricken on 9/18/2025, per #8 ORDER. (jfj). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #6 Amended Complaint. (jfj) |
| Filing 6 AMENDED COMPLAINT against All Defendants, filed by PRESTON LEWIS. (titled "SECOND AMENDED" COMPLAINT) (jfj) *Received by hand delivery on 09/09/25. Modified on 9/11/2025 (jfj). |
Filing 5
ORDER. The clerk is directed to send Lewis a civil rights complaint form (for non-prisoners) in actions under 42 U.S.C. 1983. This case number should be written on the form and "Amended Complaint" should be written on the complaint form. Within fourteen (14) days of the date of this Order, Lewis shall file either a notice of voluntary dismissal or an amended complaint. If Lewis files an amended complaint, it must be submitted on the Court form, be either typed or clearly written, include a handwritten signature and completed signature block, and otherwise correct all deficiencies identified in this Order and comport with this Order in all respects. Lewis shall notify the Court of any changes to his address within seven (7) days of the change by filing a notice of change of address. Lewis's failure to comply with any part of this Order may result in a recommendation that this case be dismissed. Signed by MAGISTRATE JUDGE HOPE T CANNON on 08/21/25. (Form sent as directed.) (Amended Complaint or Notice of Voluntary Dismissal due by 9/4/2025.) (jfj)
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Filing 4
ORDER. Plaintiff's motion to proceed in forma pauperis (Doc. #2 ) is GRANTED. Signed by MAGISTRATE JUDGE HOPE T CANNON on 08/12/25. (Fee status updated to in forma pauperis) (jfj)
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| Filing 3 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 Complaint. #2 MOTION for Leave to Proceed in forma pauperis. Referred to HOPE T CANNON. (jfj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by PRESTON LEWIS. (jfj) |
| Filing 1 COMPLAINT against All Defendants, filed by PRESTON LEWIS. (Attachments: #1 Civil Cover Sheet) (jfj)(No service copies received. IFP Motion received.) |
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