ROBINSON v. DOE et al
DUSHUN D ROBINSON |
HILL, JANE OR JOHN DOE and JANE DOE |
4:2023cv00352 |
August 10, 2023 |
US District Court for the Northern District of Florida |
MARTIN A FITZPATRICK |
MARK E WALKER |
Prisoner Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
None |
Docket Report
This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 7 REPORT AND RECOMMENDATION re #1 Complaint filed by DUSHUN D ROBINSON. It is respectfully RECOMMENDED that Plaintiffs complaint be DISMISSED WITHOUT PREJUDICE because it is a shotgun pleading. Dismissal is also appropriate because Plaintiff failed to comply with a court order pursuant to Fed. R. Civ. P. 41(b) and N.D. Fla. L. 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.). R&R flag set. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/21/2023. Internal deadline for referral to district judge if objections are not filed earlier: 10/19/2023. (rcb) |
Filing 6 ORDER. Plaintiff's letter, ECF No. #5 , is STRICKEN as an improper pleading and will not be considered pursuant to N.D. Fla. Loc. R. 41.1. The Clerk of Court shall STRIKE ECF No. #5 . Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/12/2023. (rcb) |
Filing 5 **STRICKEN PER ECF #6 Letter Requesting to Dismiss by DUSHUN D ROBINSON. (rcb) Modified to edit docket text on 9/12/2023 (rcb). |
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #5 Letter Requesting to Dismiss Referred to MARTIN A FITZPATRICK. (rcb) |
Filing 4 ORDER. The Clerk is directed to correct the docket so that the one medical administrator defendant is reflected as: "Jane or John Doe, Madison C.I. Medical Administrator." Plaintiff's 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 14, 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 shall have until September 14, 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 14, 2023. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than September 14, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 8/14/2023. (rcb)**DOCKET UPDATED & FORMS FORWARDED AS DIRECTED*** |
Set Deadline-Re: #4 - Notify Chambers /Amended Pleadings/ Filing Fee / Notice of Voluntary Dismissal/IFP Motion due by 9/14/2023. (rcb) |
Filing 3 Notice to Pro Se (rcb) |
Filing 2 DECLARATION SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS by DUSHUN D ROBINSON. (rcb) |
Filing 1 COMPLAINT against All Defendants, filed by DUSHUN D ROBINSON. (Attachments: #1 EXHIBIT A) (rcb)**(5) SERVICE COPIES RECEIVED/NO FILING FEE RECEIVED** |
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #2 DECLARATION SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS, #1 Complaint. Referred to MARTIN A FITZPATRICK. (rcb) |
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