LUXAMA v. INCH et al
| PAUL LUXAMA |
| MARK INCH, C NEEL, KITZ MILLER, WARDEN EDELEN, T WINSTEAD, WARDEN CONNER and T BOWDEN |
| 4:2020cv00583 |
| December 21, 2020 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| WILLIAM STAFFORD |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 11 USCA Case Number 21-10418-E is assigned to #8 NOTICE OF APPEAL. (cle) |
| Filing 10 Appeal Instructions - re: #8 Notice of Appeal. The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. *** THERE WERE NO HEARINGS HELD IN THIS CASE. *** (cle) |
| Filing 9 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals - re: #8 Notice of Appeal. (cle) |
| Set Appeal Status Deadline - re: #8 Notice of Appeal. Clerk to check status of Appeal on 5/10/2021. (cle) |
| Filing 8 NOTICE OF APPEAL - as to #6 Order Adopting Report and Recommendation, filed by PAUL LUXAMA. Certificate of Readiness (FRAP 11) due by 3/9/2021. (cle) |
| Filing 7 CLERK'S JUDGMENT - re: #6 ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. (cle) |
Filing 6
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION - The magistrate judge's report and recommendation (ECF No. #4 ) is hereby ADOPTED and incorporated by reference into this order. The plaintiff's motion (ECF No. #2 ) to proceed in forma pauperis is DENIED. The plaintiff's complaint and this action are DISMISSED WITHOUT PREJUDICE to the plaintiff's initiating a new cause of action accompanied by the $402.00 filing fee. The clerk shall enter judgment stating: "This case is dismissed without prejudice pursuant to 28 U.S.C. 1915(g)." The clerk shall note on the docket that this case was dismissed under 1915(g). Signed by SENIOR JUDGE WILLIAM STAFFORD on 1/21/2021. (cle)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed Re: #4 REPORT AND RECOMMENDATION re #1 Complaint, #5 Objection to Report and Recommendations. (alb) |
| Filing 5 OBJECTION to Magistrates #4 Report and Recommendations, by PAUL LUXAMA. (alb) |
| Filing 4 REPORT AND RECOMMENDATION re #1 Complaint. For the reasons set forth above, the undersigned respectfully RECOMMENDS that This action be DISMISSED, pursuant to 28 U.S.C. 1915(g), without prejudice to Plaintiff's initiating a new cause of action accompanied by payment of the $402.00 ($350 filing fee and $52 administrative fee) filing fee in its entirety. The clerk of court close this case file. (Internal deadline for referral to district judge if objections are not filed earlier: 1/25/2021.) Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 12/28/2020. (jcw) |
| Filing 3 Notice to Pro Se (jcw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #1 Complaint, #2 MOTION for Leave to Proceed in forma pauperis. Referred to MICHAEL J FRANK. (jcw) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by PAUL LUXAMA. (jcw) |
| Filing 1 COMPLAINT against All Defendants, filed by PAUL LUXAMA. (Attachments: #1 Appendix)(Filing fee was not paid. No service copies filed.) (jcw) |
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