RILEY v. SCOTT et al
| LUKELY RILEY |
| SECRETARY DEPARTMENT OF CORRECTIONS, GOVERNOR OF FLORIDA, JULIE JONES and RICK SCOTT |
| 4:2018cv00531 |
| November 14, 2018 |
| US District Court for the Northern District of Florida |
| CHARLES A STAMPELOS |
| MARK E WALKER |
| Prisoner Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #37 NOTICE that Notice of Appeal filed in SDFL case 1:17cv23611-DPG (amm) |
| Filing 37 NOTICE that Notice of Appeal filed in SDFL case 1:17cv23611-DPG by LUKELY RILEY (amm) |
Filing 36
ORDER: Plaintiff shall have until 1/8/2019 to file an amended civil rights complaint. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than January 8, 2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 12/6/18. *Form mailed as directed (amm)
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| Filing 35 Case transferred in from District of Florida Southern; Case Number 1:17-cv-23611. Original file certified copy of transfer order and docket sheet received. |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #35 Case Transferred In - District Transfer. (amm) |
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Filing 34
ORDER re 33 Order on Report and Recommendations Signed by Judge Darrin P. Gayles See attached document for full details. (hs01) [Transferred from Florida Southern on 11/15/2018.]
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Filing 33
ORDER Adopting #30 Report and Recommendations. Closing Case. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01) [Transferred from Florida Southern on 11/15/2018.]
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| Filing 32 OBJECTIONS to #30 Report and Recommendations by Lukely Riley. (hh) (Main Document 32 replaced due to missing pages on 10/17/2018) (nc). Modified docket text on 10/17/2018 (nc). [Transferred from Florida Southern on 11/15/2018.] |
| Filing 31 NOTICE of Inquiry by Lukely Riley (sent copy of docket sheet) (hh) [Transferred from Florida Southern on 11/15/2018.] |
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Filing 30
REPORT AND RECOMMENDATIONS RE: FOLLOWING REMAND on 42 USC 1983 case re #1 Complaint 42 USC 1983 or Bivens filed by Lukely Riley; Recommending that: (1) this case be transferred to the United States District Court, for the Northern District of Florida, at which time the Plaintiff may refile an Amended Complaint, consistent with the Eleventh Circuit's opinion and remand instructions, as well as, separately filing an application to proceed in forma pauperis, and a renewed motion for temporary restraining order; and, (2) that Plaintiff's motion to amend with incorporated pleadings be DISMISSED, without prejudice, to its refiling once this matter is transferred and received by district court in the Northern District of Florida. Objections to R&R due by 10/5/2018. Signed by Magistrate Judge Patrick A. White on 9/21/2018. See attached document for full details. (fbn) [Transferred from Florida Southern on 11/15/2018.]
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| Filing 29 MOTION to Amend Complaint by Lukely Riley. Responses due by 9/25/2018 (ebz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 28 MANDATE of USCA (certified copy). VACATED AND REMANDED. Riley is entitled to at least one opportunity to amend his complaint before dismissal. We therefore vacate the judgment and remand with instructions for the district court to grant him that opportunity re #13 Notice of Appeal, filed by Lukely Riley; Date Issued: 9/10/2018; USCA Case Number: 17-15093-FF. USCA #17-15093-FF. (apz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 27 NOTICE of Change of Address by Lukely Riley. (apz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 26 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #13 Notice of Appeal, Appeal No. 17-15093-DD. The entire record on appeal is available electronically. (apz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 25 DESIGNATION of Record on Appeal by Lukely Riley re #13 Notice of Appeal. (apz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 24 Prisoner Consent Form re #13 Notice of Appeal. (apz) [Transferred from Florida Southern on 11/15/2018.] |
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Filing 23
ENDORSED ORDER granting #18 Motion for Extension of Time. Signed by Judge Darrin P. Gayles (hs01) [Transferred from Florida Southern on 11/15/2018.]
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| Filing 22 TRANSCRIPT INFORMATION FORM by Lukely Riley re #13 Notice of Appeal. No Transcript Requested. (apz) [Transferred from Florida Southern on 11/15/2018.] |
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Filing 21
ENDORSED ORDER denying as moot #16 Motion for Extension of Time. Signed by Judge Darrin P. Gayles (hs01) [Transferred from Florida Southern on 11/15/2018.]
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Filing 20
ENDORSED ORDER denying #14 Motion for Leave to Appeal in forma pauperis. Signed by Judge Darrin P. Gayles (hs01) [Transferred from Florida Southern on 11/15/2018.]
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| Filing 19 NOTICE of Inquiry by Lukely Riley re #16 MOTION for Extension of Time of 15 days to forward certificate regarding inmate bank accout for the last 6 months to Support Motion to Proceed on Appeal in Forma Pauperis. (apz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 18 MOTION for Extension of Time to submit the Transcript Information Form by Lukely Riley. Responses due by 12/15/2017 (apz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 17 Acknowledgment of Receipt of NOA from USCA re #13 Notice of Appeal, filed by Lukely Riley. Date received by USCA: 11/14/2017. USCA Case Number: 17-15093-D. (amb) [Transferred from Florida Southern on 11/15/2018.] |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #13 Notice of Appeal, Notice has been electronically mailed. (apz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 16 MOTION for Extension of Time 15 days to Forward Certificate Regarding Inmate Bank Accout for the Last 6 Months to Support Motion to Proceed on Appeal in Forma Pauperis by Lukely Riley. Responses due by 11/27/2017 (apz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 15 DESIGNATION of Record on Appeal by Lukely Riley re #13 Notice of Appeal, (apz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 14 MOTION for Leave to Appeal in forma pauperis by Lukely Riley. (apz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 13 Notice of Appeal as to #10 Order on Report and Recommendations, by Lukely Riley.. IFP Filed. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (apz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 12 NOTICE of Filing Letter to the Court Regarding Filing Deadline by Lukely Riley re #8 Objections to Report and Recommendations (ail) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 11 Case No Longer Referred to Magistrate Judge Patrick A. White/Case Closed by the District Judge. Signed by Magistrate Judge Patrick A. White on 11/2/2017. (br) [Transferred from Florida Southern on 11/15/2018.] |
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Filing 10
ORDER Adopting in Part #6 Report and Recommendations. Closing Case. Signed by Judge Darrin P. Gayles (hs01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. [Transferred from Florida Southern on 11/15/2018.]
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Filing 9
ENDORSED ORDER granting #7 Motion for Extension of Time to File Objections. The Court notes that Plaintiff filed his Objections to the Report and Recommendation on October 20, 2017. Signed by Judge Darrin P. Gayles (hs01) [Transferred from Florida Southern on 11/15/2018.]
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| Filing 8 MOTION FOR OBJECTIONS to #6 Report and Recommendations by Lukely Riley. (kpe) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 7 MOTION for Extension of Time to File Objection to #6 REPORT AND RECOMMENDATIONS on 42 USC 1983 case by Lukely Riley. (kpe) [Transferred from Florida Southern on 11/15/2018.] |
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Filing 6
REPORT AND RECOMMENDATIONS RE TRANSFER TO CORRECT VENUE on 42 USC 1983 case re #1 Complaint 42 USC 1983 or Bivens filed by Lukely Riley; Recommending that the case be transferred to the United States District Court for the Middle District of Florida, at which time the court there may wish to have the Plaintiff amend to state a cogent claim for relief, along with requiring the payment of the Clerks filing fee or the filing of a motion to proceed in forma pauperis. It is further recommended that the motion for temporary restraining order (DE#4) be dismissed without prejudice to its refiling once the case is transferred to the Middle District of Florida; that all other pending motions be dismissed, as moot, and that this case be closed. Objections to R&R due by 10/19/2017. Signed by Magistrate Judge Patrick A. White on 10/5/2017. (fbn) [Transferred from Florida Southern on 11/15/2018.]
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Filing 5
PAPERLESS ORDER dismissing without prejudice #3 Motion for Leave to Proceed in forma pauperis filed by plaintiff. The plaintiff may file the motion anew once the case is transferred to the Middle District of Florida, as recommended by a Report to be filed in this case shortly. Signed by Magistrate Judge Patrick A. White on 10/4/2017. (nn) [Transferred from Florida Southern on 11/15/2018.]
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| Filing 4 MOTION for Temporary Restraining Order by Lukely Riley. Responses due by 10/17/2017 (vmz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Lukely Riley. (vmz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (vmz) [Transferred from Florida Southern on 11/15/2018.] |
| Filing 1 Complaint pursuant to 42 USC 1983 against Governor of Florida, Secretary, Department of Corrections. Filing fee $ 350.00. IFP Filed, filed by Lukely Riley.(vmz) [Transferred from Florida Southern on 11/15/2018.] |
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