FUENTES v. DIXON
| GUILLERMO FUENTES |
| RICKY D DIXON, W MILLETTE, E HERNANEZ-PEREZ, CENTURION INC MEDICAL HEALTH CARE, A W SUMMER, K JOHNSON, GINA T HARRY and CENTURION OF FLORIDA LLC |
| 4:2023cv00346 |
| August 7, 2023 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| ALLEN C WINSOR |
| Prisoner Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 14
ORDER AND REPORT AND RECOMMENDATION. For the reasons stated, it is respectfully RECOMMENDED that the case be DISMISSED WITHOUT PREJUDICE under 28 U.S.C. 1915(e)(2)(B)(i) as malicious because Plaintiff made affirmative misrepresentations relating to his litigation history. 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) and counts as a strike. Internal deadline for referral to district judge if objections are not filed earlier: 11/2/2023. R&R flag set. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/5/2023. (rcb)
|
|
Filing 13
ORDER AND REPORT AND RECOMMENDATION. It is ORDERED that, Plaintiff's motion to proceed IFP, ECF No. #11 , is DENIED WITHOUT PREJUDICE. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/5/2023. (rcb)
|
| Filing 12 Notice of filing documents as required by #9 ORDER (filed as a "MOTION FOR SUPPLY DOCUMENTS") by GUILLERMO FUENTES. (rcb) Modified on 10/5/2023 (kjw). |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by GUILLERMO FUENTES. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #11 MOTION for Leave to Proceed in forma pauperis, #12 MOTION FOR SUPPLY DOCUMENTS. Referred to MARTIN A FITZPATRICK. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #10 Amended Complaint. (kjw) |
| Filing 10 FIRST AMENDED COMPLAINT against CENTURION OF FLORIDA LLC, K JOHNSON, filed by GUILLERMO FUENTES. (rcb)**NO SERVICE COPY RECEIVED** |
|
Filing 9
ORDER. Plaintiff's Motion for Extension of Time, ECF No. #8 , is GRANTED. Plaintiff's complaint shall be amended and filed with this Court on or before October 9, 2023. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint, or no later than, October 9, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/8/2023. (rcb)
|
| Set Deadline- Re: #9 - Notify Chambers/ Amended Pleadings due by 10/9/2023. (rcb) |
| Filing 8 MOTION to Extend Time by GUILLERMO FUENTES. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #8 MOTION to Extend Time Referred to MARTIN A FITZPATRICK. (rcb) |
| Set Deadline-Re: #7 Notify Chambers Upon Filing of Filing Fee /Notice of Voluntary Dismissal or IFP Motion due by 9/8/2023. (rcb) |
|
Filing 7
ORDER. Plaintiff's "Motion to Answer Court's Order," ECF No. #6 , a request for the appointment of counsel, is DENIED WITHOUT PREJUDICE. As previously ordered, Plaintiff shall file his amended complaint along with a complete IFP application with the requisite inmate account statements or, alternatively, pay the $402 filing by September 8, 2023. If Plaintiff decides he does not want to pursue this case, he may file a notice of voluntary dismissal, pursuant to Fed. R. Civ. P. 41(a), by the same deadline, September 8, 2023. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than September 8, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 8/31/2023. (rcb)
|
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #6 MOTION TO ANSWER COURT ORDER Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 6 MOTION TO ANSWER COURT ORDER by GUILLERMO FUENTES. (rcb) |
|
Filing 5
ORDER. Plaintiff's request for the appointment of counsel is DENIED. Plaintiffs Motion to Proceed In Forma Pauperis, ECF No. #2 , is DENIED WITHOUT PREJUDICE. Plaintiff shall either resubmit a complete IFP application or, alternatively, pay the $402 filing fee no later than September 8, 2023. The Clerk of Court shall forward to Plaintiff a copy of this Order along with a civil rights complaint form and an IFP application for use by a prisoner plaintiff. Plaintiff must complete a new civil rights complaint form, marking it as "amended complaint and Case No. 4:23-cv-00346-AW-MAF." Plaintiff shall have until September 8, 2023, to file an amended civil rights complaint, typed or clearly written, not exceeding 25 pages and submitted on the Court form. If Plaintiff chooses to forgo his claims, he may file a notice of voluntary dismissal, pursuant to Fed. R. Civ. P. 41(a), by the same deadline, September 8, 2023. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than September 8, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 8/8/2023. (rcb)**FORMS FORWARDED AS DIRECTED** (rcb).
|
| Set Deadline- Re: #5 Notify Chambers/Amended Pleadings /Notice of Voluntary Dismissal Deadline - by 9/8/2023. (rcb) |
| Filing 4 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) MOTION TO SUE DEFENDANTS UNDER 42 USC 1983, #2 MOTION TO PROCEED IN FORMA PAUPERIS. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 3 NOTICE of Change of Address by GUILLERMO FUENTES (rcb)**ADDRESS UPDATED** |
| Filing 2 MOTION TO PROCEED IN FORMA PAUPERIS by GUILLERMO FUENTES. (rcb) |
| Filing 1 (COMPLAINT) MOTION TO SUE DEFENDANTS UNDER 42 USC 1983 against All Defendants, filed by GUILLERMO FUENTES. (rcb) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
