KELLY v. HOUSAM et al
| TERRENCE TOBORIS KELLY |
| MATTHEW HOUSAM, CHIP WAYNE SIMMONS and ESCAMBIA COUNTY SHERIFF'S OFFICE |
| 3:2025cv01845 |
| October 1, 2025 |
| U.S. District Court for the Northern District of Florida |
| HOPE T CANNON |
| T KENT WETHERELL |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2026. A more recent docket listing may be available from PACER.
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| Filing 17 CLERK'S JUDGMENT re #16 ORDER GRANTING MOTION TO DISMISS. (mb) |
Filing 16
ORDER GRANTING MOTION TO DISMISS. Defendants' motion to dismiss (Doc. #8 ) is GRANTED, and the complaint is DISMISSED with prejudice for failure to state a claim upon which relief can be granted. The Clerk shall enter judgment in accordance with this Order and close the case file. Signed by JUDGE T KENT WETHERELL II on 2/23/2026. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #14 NOTICE of Voluntary Dismissal of Count Three Only, #15 RESPONSE in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Complaint #1 . (mb) |
| Filing 15 RESPONSE in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Complaint #1 filed by TERRENCE TOBORIS KELLY. (STINSON, LANDON) |
| Filing 14 NOTICE of Voluntary Dismissal of Count Three Only by TERRENCE TOBORIS KELLY (STINSON, LANDON) |
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Filing 13
ORDER GRANTING EXTENSION OF TIME re #12 Plaintiff's Untimely Agreed MOTION for Extension of Time. That the motion is GRANTED, and Plaintiff has until February 17, 2026, to respond to Defendants' motion to dismiss. (Internal deadline for referral to judge if response not filed earlier: 2/17/2026).) Signed by JUDGE T KENT WETHERELL II on 2/12/2026. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #12 Agreed First MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss. (mb) |
| Filing 12 First MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by TERRENCE TOBORIS KELLY. (STINSON, LANDON) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #8 MOTION to Dismiss for Failure to State a Claim. (Internal deadline for referral to judge if response not filed earlier: 2/5/2026) (Responses not filed). (mb) |
| Filing 10 NOTICE of Receipt of USB drive that contains Attachment 2 to Defendants', ESCAMBIA COUNTY SHERIFF'S OFFICE, MATTHEW HOUSAM, CHIP WAYNE SIMMONS re #8 -2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (mb) |
| Filing 9 SUMMONS Returned Executed by TERRENCE TOBORIS KELLY. MATTHEW HOUSAM served on 1/8/2026, answer due 1/29/2026. (STINSON, LANDON) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Complaint #1 by ESCAMBIA COUNTY SHERIFF'S OFFICE, MATTHEW HOUSAM, CHIP WAYNE SIMMONS. (Attachments: #1 Warrants, #2 Video Placeholder) (HAWKINS, JENNIFER) |
| Filing 7 NOTICE of Appearance by JENNIFER ALANE HAWKINS on behalf of ESCAMBIA COUNTY SHERIFF'S OFFICE, MATTHEW HOUSAM, CHIP WAYNE SIMMONS (HAWKINS, JENNIFER) |
| Set Deadlines re #8 MOTION to Dismiss for Failure to State a Claim. (Internal deadline for referral to judge if response not filed earlier: 2/5/2026). (mb) |
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Filing 6
ORDER GRANTING EXTENSION OF TIME FOR SERVICE re #5 Plaintiff's Response to #4 Order to Show Cause. That the Order to Show Cause (Doc. #4 ) is discharged as to the now-served defendants (Simmons and Escambia County Sheriff's Office) and Plaintiff has 45 days from the date of this Order to serve the still-unserved defendant (Housam) or show cause why the claims against that defendant should not be dismissed for lack of service under Fed. R. Civ. P. 4(m). (Plaintiff's Deadline to serve still-unserved defendant or show cause due by 2/21/2026.) Signed by JUDGE T KENT WETHERELL II on 1/7/2025. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #5 Response to #4 Order to Show Cause. (mb) |
| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE by TERRENCE TOBORIS KELLY. (Attachments: #1 Exhibit A, #2 Exhibit B) (STINSON, LANDON) |
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Filing 4
ORDER TO SHOW CAUSE - That on or before January 9, 2026, Plaintiff shall show cause why this case should not be dismissed without prejudice under Fed. R. Civ. P. 4(m) for lack of service. Signed by JUDGE T KENT WETHERELL II on 1/2/2026. Show Cause Response due by 1/9/2026. (mb)
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| Filing 3 Summons Issued as to MATTHEW HOUSAM (#1 Summons - Escambia County Sheriff's Office, c/o Chip Simmons, #2 Summons - CHIP SIMMONS). (mb) |
| Filing 2 NOTICE of Summons to be Issued by TERRENCE TOBORIS KELLY (Attachments: #1 Supplement, #2 Supplement) (STINSON, LANDON) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AFLNDC-9654704.), filed by TERRENCE TOBORIS KELLY. (Attachments: #1 Civil Cover Sheet) (STINSON, LANDON) |
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