PAYNE v. HILL et al
| BRYANT RAYNARD PAYNE |
| HILL and SECY FLORIDA DEPARTMENT OF CORRECTION |
| 4:2022cv00317 |
| August 31, 2022 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| ALLEN C WINSOR |
| Prisoner Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.
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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 it is otherwise futile to amend. This Complaint should also be dismissed for failure to comply with court orders pursuant to Fed. R. Civ. P. 41(b) and N.D. Fla. Loc. 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 10/20/202. (Internal deadline for referral to district judge if objections are not filed earlier: 11/17/2022. R&R flag set) (tpm)
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Filing 4
ORDER - Plaintiff's "Motion to Proceed In Forma Pauperis," ECF No. #2 , is GRANTED. The Clerk of Court shall forward to Plaintiff a Section 1983 complaint form so that Plaintiff can file the amended complaint. Plaintiff shall have until October 9, 2022, to file an amended civil rights complaint, typed or clearly written, not exceeding 25 pages, and submitted on the Court form. The Clerk of Court shall return this case upon the filing of Plaintiff's amended complaint or no later than October 9, 2022. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/9/22. (sjb) ( clerk will provide form as directed)
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| Set Deadlines/Hearings Notify Chambers on 10/9/2022. Amended Pleadings due by 10/9/2022. (sjb) |
| Filing 3 Notice to Pro Se (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #1 Complaint, #2 MOTION for Leave to Proceed in forma pauperis. Referred to MARTIN A FITZPATRICK. (sjb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by BRYANT RAYNARD PAYNE. (sjb) |
| Filing 1 COMPLAINT against HILL, SECY FLORIDA DEPARTMENT OF CORRECTION, filed by BRYANT RAYNARD PAYNE. (sjb) |
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