WALLACE v. RALPH et al
| WILLIAM WALLACE |
| AMANDA RALPH and JOHN DOE |
| 4:2021cv00461 |
| November 12, 2021 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| MARK E WALKER |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 5
REPORT AND RECOMMENDATION: It is respectfully RECOMMENDED that Plaintiff's complaint, ECF No. #1 , be DISMISSED without prejudice because it is an impermissible shotgun pleading and for failure to comply with court orders pursuant to Fed. R. Civ. P. 41(b) and N.D. Fla. L. R. 41.1 See also Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) ("While dismissal is an extraordinary remedy, dismissal upon disregard of an order, especially where the litigant has been forewarned, generally is not an abuse of discretion."). Finally, it is also recommended that the case be CLOSED and that the Order adopting this Report and Recommendation direct the Clerk of Court to note on the docket that this cause was dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 01/10/2022. Internal deadline for referral to district judge if objections are not filed earlier: 2/7/2022. (tpm)
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Filing 4
ORDER: Plaintiffs motion to proceed in forma pauperis, ECF No. #2 , is DENIED without prejudice. The Clerk of Court shall provide Plaintiff with a complaint form and an in forma pauperis application packet for use by a prisoner. Plaintiff shall have until 12/23/2021, to file the in forma pauperis application or pay the fee. Plaintiff shall have until December 23, 2021, to file an amended complaint. The Clerk of Court shall return this case upon Plaintiffs compliance with this Order or no later than 12/23/2021. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 11/23/2021. ***Forms provided to Plaintiff*** (tpm)
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| Set/Reset Deadlines: Amended Pleadings due by 12/23/2021. (tpm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #2 MOTION for Leave to Proceed in forma pauperis, #1 Complaint. Referred to MARTIN A FITZPATRICK. (tpm) |
| Filing 3 Notice to Pro Se (tpm) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by WILLIAM WALLACE. (tpm) |
| Filing 1 COMPLAINT against JOHN DOE, AMANDA RALPH, filed by WILLIAM WALLACE. No service copies received. (tpm) |
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