MCKENZIE v. LOVE et al
| TABITHA MEGAN MCKENZIE and CASEY TIDWELL BARREN |
| ERIC LOVE, RON DESANTIS, NEAL DUNN, CASEY BARREN, SANDRA PAINTER, CHRISTOPHER PATTERSON, MICHAEL LEE, MICHEAL SESLER, JOEL BOOTH, BRITTNEY BAXTER, CHRIS SCOTT, FRANK EVERSON, LISA TURNER, SHAVON HARRIS, AMI YOUNG, ELIZABETH CEASER, DAVID JOHNSON, TIMOTHY REGIESTER, ANDREW MCGINLEY, MEGAN FORD, ELIZABETH SIMPSON, CHARLIE WILLIAMS, ZACHARY VANDUKE, SHARLEN GROOVER, FBI, SCOTT BURGESS, CASEY BURREN, GUARDIAN AD LITEM OFFICE, COURTNEY MURPHY, MARCO RUBIO, MICHEAL RITCHEN, JOSHA DOYLE, BRIAN TEAGLE, SHANNEL SCHYLER, SCOTT DUKE, JAMES SKIPPER, MARY BARTON and CASEY BIGLOW |
| 4:2023cv00198 |
| May 15, 2023 |
| U.S. District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| ALLEN C WINSOR |
| Prisoner Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.
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Filing 51
ORDER. Plaintiff's motions, ECF Nos. #45 , #46 , #47 , #49 , and #50 are DENIED for the reasons stated above. Plaintiff's "Motion for a Amend[ed] Complaint Second Complaint," ECF No. #44 , is STRICKEN as an improper pleading. The Clerk of Court is directed to STRIKE ECF No. #44 . Plaintiff's "Oral Motion," ECF No. #48 , is STRICKEN as an improper pleading. The Clerk of Court is directed to STRIKE ECF No. #48 . Plaintiff's second amended complaint and a complete IFP application or, alternatively, payment of the $402 filing fee remain due no later than July 5, 2023. The Clerk is directed to return the file to the undersigned by July 5, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 06/30/2023. (rcb)
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| Set Deadline-Re: #51 Notify Chambers /Fee due by /IFP Motion due by 7/5/2023. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #44 MOTION FOR AMENDED COMPLAINT SECOND COMPLAINT, #50 MOTION for Leave to Proceed in forma pauperis, #45 MOTION TO CHANGE DEFENDANTS, #49 MOTION FOR EXTENSION, #46 MOTION TO HAVE LAWYER b, #48 ORAL MOTION, #47 MOTION TO GET RECORDS. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 50 MOTION for Leave to Proceed in forma pauperis by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 49 MOTION FOR EXTENSION by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 48 **STRICKEN PER ECF #51 **ORAL MOTION by TABITHA MEGAN MCKENZIE. (rcb) Modified to edit title on 7/3/2023 (rcb). |
| Filing 47 MOTION TO GET RECORDS by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 46 MOTION TO HAVE LAWYER by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 45 MOTION TO CHANGE DEFENDANTS by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 44 **STRICKEN PER ECF #51 ** MOTION FOR AMENDED COMPLAINT SECOND COMPLAINT by TABITHA MEGAN MCKENZIE. (rcb) Modified to add "stricken" language on 6/30/2023 (rcb). |
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Filing 43
ORDER. Plaintiff's motions, ECF Nos. #36 , #37 , #40 , #41 , and #42 , are DENIED for the reasons stated above. Plaintiff's filing entitled Second Amendment Complaint, ECF No. #38 , is STRICKEN as an improper pleading. The Clerk of Court is directed to STRIKE ECF No. #38 . Plaintiff's amended complaint and IFP application or payment of the $402 filing fee remain due no later than July 5, 2023. The Clerk is directed to return the file to the undersigned by July 5, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 06/22/2023. (rcb)
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| Set Deadline- Notify Chambers/Amended Pleadings /Filing Fee /IFP Motions due by 7/5/2023. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #37 MOTION for Mediation, #40 ORAL MOTION, #39 LETTER WITH ATTACHMENTS, #42 MOTION TO INTERVENE, #41 MOTION FOR LAWYER, #36 ORAL MOTION, #38 SECOND AMENDMENT COMPLAINT. Referred to MARTIN A FITZPATRICK. (rcb) |
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Filing 35
ORDER. Plaintiff's motions, ECF Nos. #26 , #27 , #28 , #29 , #30 , and #31 , are DENIED for the reasons stated above. Plaintiffs Second Amended Complaint, ECF No. #24 , is STRICKEN because it fails to comply with the Courts orders, does not comport with Fed. R. Civ. P. 20(a)(2), and is a shotgun pleading. The Clerk is DIRECTED to STRIKE ECF No. #24 . If Plaintiff chooses to amend her claims as to the proceedings involving her state custody case, she must do so no later than July 5, 2023. The Clerk is DIRECTED to send Plaintiff a copy of a civil rights complaint form for use by prisoner plaintiffs along with a copy of this order. As a courtesy, the Clerk is also DIRECTED to send Plaintiff a copy of the docket in this case. Plaintiff is reminded that a complete IFP application or, alternatively, payment of the $402 filing fee for this case Case No. 4:23-cv-00198-AW-MAF -- is due no later than July 5, 2023. The Clerk is directed to return the file to the undersigned by July 5, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 06/21/2023. (rcb)**FORM & DOCKET SHEET FORWARDED AS DIRECTED**
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| Set Deadline- Notify Chambers /Amended Pleadings /IFP Motion/ Fee due by 7/5/2023Re: #35 . (rcb) |
| Filing 42 MOTION TO INTERVENE by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 41 MOTION FOR LAWYER by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 40 ORAL MOTION by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 39 LETTER WITH ATTACHMENTS by TABITHA MEGAN MCKENZIE (Attachments: #1 LETTER TO ELIZABETH LAWRENCE, #2 LETTER TO MARSHALL) (rcb) |
| Filing 38 **STRICKEN PER ECF #43 ** SECOND AMENDMENT COMPLAINT by TABITHA MEGAN MCKENZIE (rcb) Modified to add "stricken" language on 6/23/2023 (rcb). |
| Filing 37 MOTION for Mediation by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 36 ORAL MOTION by TABITHA MEGAN MCKENZIE. (rcb) |
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Filing 34
ORDER. Plaintiff's Letters, ECF Nos. #20 and #22 , are STRICKEN as improper pleadings. The Clerk shall STRIKE ECF Nos. #20 and #22 . Plaintiffs Motion to Transfer Inmate to Another Place for Safety Due to Danger Racial Treatment Cruel Punishment, ECF No. #21 , is DENIED. Plaintiff is reminded that a legally sufficient, amended complaint and an IFP application, along with the requisite inmate account statements, or, alternatively, the $402 filling fee, was due no later than June 19, 2023. The Clerk is directed to return the file by June 23, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 06/20/2023. (rcb)
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Filing 33
ORDER. Plaintiff's Motion to Proceed In Forma Pauperis, ECF No. #25 , is DENIED WITHOUT PREJUDICE. This deadline is extended to July 5, 2023. Plaintiff's "Motion for Lawyer," ECF No. #23 , is DENIED WITHOUT PREJUDICE. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 06/20/2023. (rcb)
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| Set Deadline- Notify Chambers on 6/23/2023 Re: #34 . (rcb) |
| Set Deadline- Notify Chambers/ IFP Motion due by 7/5/2023 Re: #33 . (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #26 MOTION, #30 MOTION TO INTERVENE, #29 MOTION FOR DOCUMENTS, #28 MOTION TO GET COURT RECORDS FOR 2021-DP-11, #31 MOTION TO HAVE HEARING re #26 MOTION TO HAVE HEARING, #32 PLEASE DISREGARD THIS ENTRY**-(DUPLICATE TO ECF #31 , #25 MOTION TO PROCEED IN FORMA PAUPERIS, #23 MOTION FOR LAWYER, #27 MOTION TO BE RELEASE/JUDGE CHANGE, #24 SECOND AMENDED COMPLAINT. Referred to MARTIN A FITZPATRICK. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #20 Letter from TABITHA MCKENZIE, #22 Letter from TABITHA MCKENZIE, #21 MOTION TO TRANSFER INMATE TO ANOTHER PLACE FOR SAFETY DUE TO DANDER RACIAL TREATMENT CRUEL PUNISHMENT. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 32 **PLEASE DISREGARD THIS ENTRY**-(DUPLICATE TO ECF #31 . (rcb) Modified to edit docket text on 6/16/2023 (rcb). |
| Filing 31 MOTION TO GET SPEAK TO THE COURT VICTIM INDIA MCKENZIE by TABITHA MEGAN MCKENZIE (rcb). Modified to edit title on 6/16/2023 (rcb). |
| Filing 30 MOTION TO INTERVENE by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 29 MOTION FOR DOCUMENTS by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 28 MOTION TO GET COURT RECORDS FOR 2021-DP-11 by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 27 MOTION TO BE RELEASE/JUDGE CHANGE by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 26 MOTION TO HAVE HEARING by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 25 MOTION TO PROCEED IN FORMA PAUPERIS by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 24 **STRICKEN PER ECF #35 ** SECOND AMENDED COMPLAINT against MARY BARTON, CASEY BURREN, SCOTT DUKE, MEGAN FORD, JAMES SKIPPER, CHARLIE WILLIAMS, filed by TABITHA MEGAN MCKENZIE. (rcb)**NO SERVICE COPY PROVIDED** Modified to add "stricken" language on 6/21/2023 (rcb). |
| Filing 23 MOTION FOR LAWYER by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 22 **STRICKEN PER ECF #34 **Letter from TABITHA MCKENZIE (rcb) Modified to edit event type on 6/20/2023 (rcb). Modified on 6/20/2023 (rcb). |
| Filing 21 MOTION TO TRANSFER INMATE TO ANOTHER PLACE FOR SAFETY DUE TO DANGER RACIAL TREATMENT CRUEL PUNISHMENT by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 20 **STRICKEN PER ECF #34 ** Letter from TABITHA MCKENZIE (rcb) Modified to edit docket event on 6/20/2023 (rcb). Modified on 6/20/2023 (rcb). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #18 UNTITLED DOCUMENT. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #17 MOTION to Intervene, #16 Letter, #15 MOTION for Leave to Proceed in forma pauperis. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 18 **STRICKEN PER ECF #19 ** UNTITLED DOCUMENT by TABITHA MEGAN MCKENZIE (rcb) Modified to add "stricken" language on 6/12/2023 (rcb). |
| Filing 17 **STRICKEN PER ECF #19 ** MOTION to Intervene by TABITHA MEGAN MCKENZIE. (rcb) Modified to add "stricken" language on 6/12/2023 (rcb). |
| Filing 16 **STRICKEN PER ECF #19 ** Letter from TABITHA MCKENZIE (rcb) Modified to add "stricken" language on 6/12/2023 (rcb). |
| Filing 15 MOTION for Leave to Proceed in forma pauperis by TABITHA MEGAN MCKENZIE. (rcb) |
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Filing 14
ORDER. Plaintiffs untitled motion, ECF No. #13 , is DENIED WITHOUT PREJUDICE because it does not comply with the Rules governing this proceeding. Plaintiff's amended complaint for this case remains due no later than June 19, 2023, and must contain the title Second Amended Complaint and the case number 4:23-cv-00198-AW-MAF. The Clerk of Court is directed to mail Plaintiff a Section 1983 complaint form and the correct in forma pauperis application forms for use by a prisoner plaintiff to initiate a new case based on a different set of events than those alleged in the instant case. Plaintiff is advised that a new case is subject to a new case number and separate filing fee. The Clerk of Court is directed to mail Plaintiff a copy of the docket in this case. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 06/08/2023. (rcb)**FORMS FORWARDED AS DIRECTED**
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| Set Deadline- Re: #14 Notify Chambers/Amended Pleadings due by 6/19/2023. (rcb) |
| Filing 13 Letter from TABITHA MCKENZIE (rcb) Modified to edit event type on 6/8/2023 (rcb). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #13 Letter from TABITHA MCKENZIE. (rcb) |
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Filing 19
ORDER. Plaintiff's Motion to Proceed In Forma Pauperis, ECF No. #15 , is DENIED WITHOUT PREJUDICE. Plaintiff may resubmit a complete application to proceed IFP, along with her six-month inmate account statements or pay the $402 filling fee no later than June 19, 2023, as previously ordered by the Court (see ECF No. #12 ). Plaintiff's letter, ECF No. #16 , is STRICKEN as an improper pleading. The Clerk shall STRIKE ECF No. #16 . Plaintiffs "Motion to Intervene," ECF No. #17 is STRICKEN as an improper pleading. The Clerk shall STRIKE ECF No. #17 . Plaintiffs untitled pleading, ECF No. #18 , is STRICKEN as an improper pleading. The Clerk shall STRIKE ECF No. #18 . The Clerk is directed to mail Plaintiff an in forma pauperis application forms for use by a prisoner plaintiff. Plaintiff's IFP motion, along with the requisite inmate account statements, or, alternatively, the $402 filling fee, is due no later than June 19, 2023. Plaintiff's second amended complaint is due no later than June 19, 2023. The Clerk is directed to return the file by June 19, 2023 Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 06/06/2023. (rcb)**FORM FORWARDED AS DIRECTED**
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| Set Deadline- Notify Chambers/ Second Amended Pleadings/Fee /IFP Motion Deadline - by 6/19/2023. (rcb) |
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Filing 12
ORDER. Plaintiff's Motion to Proceed In Forma Pauperis and Motion to Transfer, ECF No. #8 , is STRICKEN. The Clerk shall STRIKE ECF No. #8 . Plaintiff's Motion to Intervene, ECF No. #9 , is DENIED. Plaintiff's Motion to Intervene Emergency, ECF No. #10 is DENIED. Plaintiffs Motion for Emergency Hearing, ECF No. #11 , is STRICKEN. The Clerk shall STRIKE ECF No. #11 . The Clerk is directed to mail Plaintiff a Section 1983 complaint form and the correct in forma pauperis application forms for use by a prisoner plaintiff. Plaintiff still has until June 19, 2023, to file an amended complaint. By the same deadline, June 19, 2023, Plaintiff shall file a complete IFP application along with the requisite inmate account statements or, alternatively, pay the $402 filing fee. If Plaintiff no longer wishes to pursue this case, she may file a notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a) by the same deadline, June 19, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 06/1/2023. (rcb)**FORMS FORWARDED AS DIRECTED**
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| Set Deadline-Re: #12 Notify Chambers /Second Amended Pleadings /Fee / Notice of Voluntary Dismissal/IFP Motion due by 6/19/2023. (rcb) |
| Filing 10 MOTION TO INTERVENT EMERGENCY WITH ATTACHMENTS by TABITHA MEGAN MCKENZIE. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #10 MOTION TO INTERVENT EMERGENCY WITH ATTACHMENTS, #11 MOTION FOR EMERGENCY HEARING. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 11 **STRICKEN PER ECF #12 ** MOTION FOR EMERGENCY HEARING by TABITHA MEGAN MCKENZIE. (rcb) Modified on 6/2/2023 (rcb). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #9 MOTION to Intervene, #8 LETTER Re: In Forma Pauperis (page 1) & Motion to Transfer Actions (page 2) Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 9 MOTION to Intervene with attachment by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 8 **STRICKEN PER ECF #12 **LETTER Re: In Forma Pauperis (page 1) & Motion to Transfer Actions (page 2) by TABITHA MEGAN MCKENZIE. (rcb) Modified on 6/2/2023 (rcb). |
| Filing 6 FIRST AMENDED COMPLAINT against All Defendants. filed by TABITHA MEGAN MCKENZIE. (rcb)**No service copy provided** #1DISTRICT COURT OF APPEAL LETTER, #2LETTER TO CLERK #3 COVER LETTER (rcb). (Main Document 6 replaced on 6/12/2023) (rcb). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #7 Letter to Clerk of Court (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #6 FIRST AMENDED COMPLAINT against All Defendants filed by TABITHA MEGAN MCKENZIE. (rcb)**No service copy provided** #(1) DISTRICT COURT OF APPEAL LETTER, #(2) LETTER TO CLERK # 3 COVER LETTER (rcb) |
| Filing 7 Letter to Clerk of Court from TABITHA MCKENZIE (Attachments: #1 LETTER) (rcb) |
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Filing 5
ORDER. The Clerk of Court shall forward to Plaintiff an application packet for requesting leave to proceed in forma pauperis by a non-prisoner. Plaintiff has until June 19, 2023, to either: (1) file a motion requesting leave to proceed in forma pauperis, supported by a financial affidavit, or (2) pay the full amount of the filing fee ($402.00 if paid in full). Plaintiff has until June 19, 2023, to file an amended complaint in compliance with this Order. Plaintiff's motion for an emergency hearing, the appointment of counsel, and to take kids into custody, ECF No. #3 , is DENIED. The Clerk of Court shall return this file upon receipt of Plaintiff's compliance with this Order, or no later than June 19, 2023 Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 05/19/2023. (rcb)**NON-PRISONER IFP FORWARDED AS DIRECTED**
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| Set Deadline- Notify Chambers /Amended Pleading/IFP Motion due by 6/19/2023. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #4 Letter. (rcb) |
| Filing 4 Letter from TABITHA MCKENZIE (rcb) |
| Filing 2 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, #3 MOTION FOR EMERGENCY HEARING TO APPOINT A LAWYER. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 3 MOTION FOR A EMERGENCY HEARING TO APPOINT A LAWYER by TABITHA MEGAN MCKENZIE. (rcb) |
| Filing 1 COMPLAINT against All Defendants, filed by TABITHA MEGAN MCKENZIE. (rcb)**No service copy nor filing fee received** (Main Document 1 replaced on 6/12/2023) (rcb). |
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