FRANKLIN v. LEON COUNTY SHERIFFS OFFICE et al
| JOSHUA D FRANKLIN |
| LEON COUNTY SHERIFFS OFFICE, LEON COUNTY JAIL and CLINTON LEWIS |
| 4:2022cv00424 |
| December 1, 2022 |
| U.S. 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 |
| None |
Docket Report
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This docket was last retrieved on January 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 7 CLERK'S JUDGMENT entered pursuant to #6 Order on Report and Recommendation. This case is dismissed without prejudice as malicious for failure to disclose litigation history. (tss) |
Filing 6
ORDER ADOPTING #4 REPORT AND RECOMMENDATION signed by JUDGE ALLEN C WINSOR on 1/11/23. The clerk is directed to enter judgment and close the file. (tss)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: #4 REPORT AND RECOMMENDATION re #1 Complaint filed by JOSHUA D FRANKLIN - Objections to R&R Deadline01/03/2023 and #5 MOTION for Leave to Proceed in forma pauperis (bkp) |
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Filing 4
REPORT AND RECOMMENDATION. It is respectfully RECOMMENDED that: Plaintiff's complaint, ECF No. #1 , be DISMISSED WITHOUT PREJUDICE as malicious for abuse of the judicial process by making affirmative misrepresentations and because the instant case is duplicative of a pending case (N.D. Fla. Case No. 4:22-cv-00388-AW-MJF, Franklin v. DeSantis, et al.). Alternatively, the case may be dismissed because Plaintiff is a three-striker under the PLRA who does not meet the imminent danger exception. 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)(i). R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 1/3/2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/05/2022. (rcb)
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| Filing 3 Notice to Pro Se (rcb) |
| Filing 2 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS by JOSHUA D FRANKLIN. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #2 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS, #1 COMPLAINT. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis with attachments by JOSHUA D FRANKLIN. (rcb) |
| Filing 1 COMPLAINT against All Defedants, filed by JOSHUA D FRANKLIN. (rcb)**No service copy/nor filing fee received** (Main Document 1 replaced on 12/21/2022) (rcb). Modified to remove IFP from the complaint on 12/21/2022 (rcb). |
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