BARCELONA v. SALMAN et al
| JOEL BARCELONA |
| SALMAN, LEE, RAMON BASSA, CENTURION, LYNN KING and KHAWAJA |
| 4:2023cv00078 |
| February 17, 2023 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| MARK E WALKER |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 7 CLERK'S JUDGMENT re #6 ORDER ACCEPTING AND ADOPTING #5 REPORT AND RECOMMENDATION. 90 Day Exhibit Return Deadline set for 7/3/2023. (rcb) |
Filing 6
ORDER ADOPTING #5 REPORT AND RECOMMENDATION. The report and recommendation, ECF No. #5 , is accepted and adopted as this Courts opinion. The Clerk shall enter judgment stating, "Plaintiff's claims are DISMISSED without prejudice under 28 U.S.C. 1915A(b)(1) and 1915(e)(2)(B)(i) as malicious because Plaintiff made affirmative misrepresentations relating to his litigation history and failed to exhaust his administrative remedies." The Clerk shall note on the docket that this cause was DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(i) and close the file. Signed by CHIEF JUDGE MARK E WALKER on 04/03/2023. (rcb)
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Filing 5
REPORT AND RECOMMENDATION. For the reasons stated, it is respectfully RECOMMENDED that the case be DISMISSED WITHOUT PREJUDICE under 28 U.S.C. 1915A(b)(1) and 1915(e)(2)(B)(i) as malicious because Plaintiff made affirmative misrepresentations relating to his litigation history and failed to exhaust his administrative remedies. The case should be CLOSED with an Order adopting this Report and Recommendation directing the Clerk of Court to note on the docket that this cause was DISMISSED WITHOUT PREJUDICE 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: 3/31/2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 03/03/2023. (rcb)
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Filing 4
ORDER. Plaintiff's Motion to Proceed In Forma Pauperis, ECF No. #2 ], is DENIED WITHOUT PREJUDICE. The remainder of the case is deferred to the presiding judge with the recommendation below. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 03/03/2023. (rcb)
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**Duplicate - ORDER denying #2 Motion for Leave to Proceed in forma pauperis. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 3/3/2023. (lsd)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #4 ORDER. (rcb) |
| Filing 3 Notice to Pro Se (rcb) |
| 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. (rcb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis with attachments by JOEL BARCELONA. (rcb) |
| Filing 1 COMPLAINT against All Defendants, filed by JOEL BARCELONA. (rcb)**No service copy, nor filing fee received** |
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