KIRK v. LEAVINS et al
| GABRIEL KIRK |
| CHARLES RICKS, B O, B M, N S C, D S, N W, JOHN DOE CORRECTIONAL OFFICERS 1-10, JOHN DOE SUPERVISORS 1-10, JOHN DOE MEDICAL STAFF 1-10, DONALD LEAVINS, CODY CATTNACH and KEN BURCH |
| 3:2025cv02293 |
| November 14, 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 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 9, 2026. A more recent docket listing may be available from PACER.
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #39 Memorandum in Opposition to Motion. (alb) |
| Filing 39 MEMORANDUM in Opposition re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by GABRIEL KIRK. (LAWSEN, NICKI) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #37 Order. (No filings received from Ken Burch.) (alb) |
| Set Deadlines/Hearings re #38 Motion to Dismiss. (Internal deadline for referral to judge if response not filed earlier: 4/8/2026). (alb) |
| Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CODY CATTNACH, DONALD LEAVINS, CHARLES RICKS. (KIMBRELL, JAMI) |
Filing 37
ORDER GRANTING LEAVE TO AMEND. Re: #33 Plaintiff's motion for leave to file second amended complaint. The second amended complaint (Doc. #34 ) is now the operative complaint. Defendants Leavins and Ricks' motion to dismiss the amended complaint (Doc. #29 ) is DENIED as moot. Defendants Leavins and Ricks have 14 days from the date of this Order to answer or otherwise respond to the second amended complaint. The other defendants shall answer or otherwise respond to the second amended complaint within the time provided by Fed. R. Civ. P. 12(a)(1) or 14 days from the date of this Order, whichever is later. Signed by JUDGE T KENT WETHERELL II on 03/11/2026. ( Answers due by 3/25/2026.) (alb)
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Filing 36
ORDER finding as moot #35 Motion to Extend the Expert Disclosure deadline.Plaintiff's motion is unnecessary and/or mooted by the FSO. Signed by JUDGE T KENT WETHERELL II on 03/02/2026. (alb)
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| Filing 35 MOTION to Extend Timefor Expert Disclosures by GABRIEL KIRK. (LAWSEN, NICKI) |
| Set Deadlines/Hearings re #33 Motion for Leave to File Second Amended Complaint (Internal deadline for referral to judge if response not filed earlier: 3/9/2026). (alb) |
| Filing 34 SECOND AMENDED COMPLAINT against KEN BURCH, N S C, CODY CATTNACH, JOHN DOE CORRECTIONAL OFFICERS 1-10, DONALD LEAVINS, B M, JOHN DOE MEDICAL STAFF 1-10, B O, CHARLES RICKS, D S, JOHN DOE SUPERVISORS 1-10, N W, filed by GABRIEL KIRK. (LAWSEN, NICKI) |
| Filing 33 MOTION to Amend/Correct #22 Amended Complaint, by GABRIEL KIRK. (Attachments: #1 Exhibit A-Second Amended Complaint) (LAWSEN, NICKI) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #32 Response in Opposition to Motion. (alb) |
| Filing 32 RESPONSE in Opposition re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by GABRIEL KIRK. (LAWSEN, NICKI) |
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Filing 31
FINAL SCHEDULING ORDER Re: #30 Report of Rule 26(f) Planning Meeting. Discovery due by 1/14/2027. Dispositive Motions to be filed by 2/4/2027. Mediation to take place by 1/28/2027. Mediation Report due by 2/4/2027. ORDER REFERRING CASE to Mediation. Signed by JUDGE T KENT WETHERELL II on 02/18/2026. (alb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #30 Report of Rule 26(f) Planning Meeting. (alb) |
| Filing 30 REPORT of Rule 26(f) Planning Meeting. (LAWSEN, NICKI) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #11 Initial Scheduling Order. (Rule 26 Report not file.) (alb) |
| Set Deadlines/Hearings re #29 Motion to Dismiss. (Internal deadline for referral to judge if response not filed earlier: 2/20/2026). (alb) |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DONALD LEAVINS, CHARLES RICKS. (KIMBRELL, JAMI) |
| Filing 28 WAIVER OF SERVICE Returned Executed by GABRIEL KIRK. DONALD LEAVINS waiver sent on 2/5/2026, answer due 4/6/2026. (LAWSEN, NICKI) |
| Filing 27 SUMMONS Returned Executed by GABRIEL KIRK. KEN BURCH served on 2/5/2026, answer due 2/26/2026. (LAWSEN, NICKI) |
| Filing 26 Summons Issued as to KEN BURCH, CODY CATTNACH. (Attachments: #1 Summons Burch) (alb) |
| Filing 25 NOTICE of Filing Proposed Summons by GABRIEL KIRK (LAWSEN, NICKI) |
| Filing 24 NOTICE of Filing Proposed Summons by GABRIEL KIRK (LAWSEN, NICKI) |
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Filing 23
ORDER re #22 Amended Complaint. The proposed amended complaint (Doc. #22 ) is deemed filed under Fed. R. Civ. P. 15(a)(1)(B) and is now the operative complaint. The motions to dismiss the original complaint (Docs. #15 , #16 ) are DENIED as moot. Defendants shall answer or otherwise respond to the amended complaint: a. within 14 days from the date of this Order for the already-served defendants who are named in the amended complaint; or b. within the time provided by Fed. R. Civ. P. 12(a)(1) for the yet to- be-served defendants. Signed by JUDGE T KENT WETHERELL II on 01/23/2026. ( Answer due from already served defendants by 2/6/2026.) (alb) Modified on 2/5/2026 (alb).
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| Filing 22 FIRST AMENDED COMPLAINT against N S C, JOHN DOE CORRECTIONAL OFFICERS 1-10, B M, JOHN DOE MEDICAL STAFF 1-10, B O, CHARLES RICKS, D S, JOHN DOE SUPERVISORS 1-10, N W, DONALD LEAVINS, CODY CATTNACH, Ken Burch, filed by GABRIEL KIRK. (LAWSEN, NICKI) |
| Filing 21 DOCKET ANNOTATION BY COURT: Re #20 MOTION to Amend/Correct #1 Complaint, and for Early Limited Discovery, filed by GABRIEL KIRK. "Counsel is directed to re-file doc #20 -1 as a separate pleading pursuant to Local Rule 15.1. ""When leave is sought to amend a pleading pursuant to a motion, the motion and the proposed amended pleading shall each be filed and docketed separately. The proposed amended pleading shall not take effect unless and until the motion to amend is granted""." (alb) |
| Filing 20 MOTION to Amend/Correct #1 Complaint, and for Early Limited Discovery by GABRIEL KIRK. (Attachments: #1 Exhibit A-Amended Complaint) (LAWSEN, NICKI) |
| Filing 19 RESPONSE to Motion re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by GABRIEL KIRK. (LAWSEN, NICKI) |
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Filing 18
ORDER granting #17 Motion to Appear Pro Hac Vice. Attorney Nicki Leili Lawsen is authorized to appear pro hac vice for Plaintiff.. Signed by JUDGE T KENT WETHERELL II on 01/21/2026. (alb)
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| Filing 17 MOTION to Appear Pro Hac Vice( Filing fee $ 219 receipt number AFLNDC-9764742.) by GABRIEL KIRK. (Attachments: #1 Exhibit Exhibit A-Certificate of Good Standing) (LAWSEN, NICKI) |
| Set Deadlines/Hearings re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CHARLES RICKS. (Internal deadline for referral to judge if response not filed earlier: 1/28/2026). (alb) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CHARLES RICKS. (DEFELICE, JOSEPH) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #14 Order. (No response filed by defendant Ricks.) (alb) |
| DISREGARD ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #14 Order. (No filings received by defendant Ricks.) (alb) Modified on 1/14/2026 (alb). |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FLORIDA DEPARTMENT OF CORRECTIONS. (KERI, BRIAN) |
| Set Deadlines/Hearings re #15 Motion to Dismiss. (Internal deadline for referral to judge if response not filed earlier: 1/22/2026). (alb) |
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Filing 14
ORDER GRANTING EXTENSIONS OF TIME. Upon due consideration of the motion for extension of time filed by Defendants Quinn and Ricks (Doc. #12 ), it is ORDERED that the motion is GRANTED, and Defendant Ricks has until January 12, 2026, to answer or otherwise respond to the complaint. Defendant Quinn has until January 16, 2026, to answer or otherwise respond to the complaint. Signed by JUDGE T KENT WETHERELL II on 01/02/26. (CHARLES RICKS Answer due by 1/12/2026. RONNIE QUINN answer due 1/16/2026.) (jfj)
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| Filing 13 NOTICE of Appearance by JAMI MCFATTER KIMBRELL on behalf of RONNIE QUINN, CHARLES RICKS (KIMBRELL, JAMI) |
| Filing 12 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by RONNIE QUINN, CHARLES RICKS. (KIMBRELL, JAMI) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #12 MOTION for Extension of Time to File Response/Reply as to #1 Complaint. (alb) |
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Filing 11
INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 1/13/2026. Rule 26 Meeting Report due by 2/12/2026. Discovery due by 4/29/2026. Signed by JUDGE T KENT WETHERELL II on 12/30/2025. (alb)
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Filing 10
ORDER GRANTING EXTENSION OF TIME, re #9 Consent MOTION for Extension of Time to File Answer re #1 Complaint. Signed by JUDGE T KENT WETHERELL II on 12/30/2025. ( Answer due by 1/8/2026.) (alb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #9 Consent MOTION for Extension of Time to File Answer re #1 Complaint. (Proposed ISO prepared.) (alb) |
| Filing 9 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by FLORIDA DEPARTMENT OF CORRECTIONS. (KERI, BRIAN) |
| Filing 8 NOTICE of Appearance by BRIAN C KERI on behalf of FLORIDA DEPARTMENT OF CORRECTIONS (KERI, BRIAN) |
| Filing 7 SUMMONS Returned Executed by GABRIEL KIRK. CHARLES RICKS served on 12/9/2025, answer due 12/30/2025. (MCMICHEN, COLIN) |
| Filing 6 SUMMONS Returned Executed by GABRIEL KIRK. RONNIE QUINN served on 12/15/2025, answer due 1/5/2026. (MCMICHEN, COLIN) |
| Filing 5 SUMMONS Returned Executed by GABRIEL KIRK. FLORIDA DEPARTMENT OF CORRECTIONS served on 12/3/2025, answer due 12/24/2025. (MCMICHEN, COLIN) |
| Filing 4 DOCKET ANNOTATION BY COURT: Re #1 Complaint. Please note, all summonses were not provided. (alb) |
| Filing 3 Summons Issued as to FLORIDA DEPARTMENT OF CORRECTIONS, RONNIE QUINN, CHARLES RICKS. (Attachments: #1 Summons Quinn, #2 Summons Ricks.) (alb) |
| Filing 2 CIVIL COVER SHEET. (MCMICHEN, COLIN) |
| Filing 1 COMPLAINT against K BURCH, N S C, C CATTNACH, JOHN DOE CORRECTIONAL OFFICERS 1-10, FLORIDA DEPARTMENT OF CORRECTIONS, B M, JOHN DOE MEDICAL STAFF 1-10, B O, RONNIE QUINN, CHARLES RICKS, D S, JOHN DOE SUPERVISORS 1-10, N W ( Filing fee $ 405 receipt number AFLNDC-9700758.), filed by GABRIEL KIRK. (Attachments: #1 Exhibit SUMMONS FOR FL DEPT OF CORRECTIONS, #2 Exhibit SUMMONS FOR CHARLES RICKS, #3 Exhibit SUMMONS FOR RONNIE QUINN) (MCMICHEN, COLIN) |
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