BUTTS v.CITY OF TALLAHASSEE et al
| NADRIAN BUTTS, CITY OF TALLAHASSEE, LAWRENCE REVELL, TALLAHASSEE POLICE DEPARTMENT, LEON COUNTY EMERGENCY MEDICAL SERVICES, LEON COUNTY SHERIFF OFFICE, CONSOLIDATED DISPATCH AGENCY, G HARRISON, DEFENDANT B, DEFENDANT C, DEFENDANT A, TAMMY PINKERTON MARPLE, T HARRELSON, ZWEYDORFF, B HANSFORD and DEFENDANT D #753 |
| 4:2023cv00403 |
| September 11, 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
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This docket was last retrieved on October 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 CLERK'S JUDGMENT entered pursuant to #5 Order Adopting Report and Recommendation. (baf) (90 Day Exhibit Return Deadline set for 1/11/2024) |
Filing 5
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION - The report and recommendation, ECF No. #4 , is accepted and adopted as this Court's opinion. The Clerk shall enter judgment stating, "Plaintiff's case is 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 his claims are, alternatively, barred by Heck v. Humphrey." The Clerk shall close the file and 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 under the Prison Litigation Reform Act. Signed by CHIEF JUDGE MARK E WALKER on 10/13/2023. (baf)
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Filing 4
ORDER AND REPORT AND RECOMMENDATION - 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 his claims are, alternatively, barred by Heck v. Humphrey. The case should be CLOSED with an Order 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 under the Prison Litigation Reform Act. Plaintiff's IFP application, ECF No. #2 , is DENIED WITHOUT PREJUDICE as incomplete. ( Internal deadline for referral to district judge if objections are not filed earlier: 10/18/2023.) Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/18/2023. (baf)
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| Filing 3 Notice to Pro Se (sjb) |
| 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. (sjb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by NADRIAN BUTTS. (sjb) |
| Filing 1 COMPLAINT against CITY OF TALLAHASSEE, CONSOLIDATED DISPATCH AGENCY, LEON COUNTY EMERGENCY MEDICAL SERVICES, LEON COUNTY SHERIFF OFFICE, LAWRENCE REVELL, TALLAHASSEE POLICE DEPARTMENT, filed by NADRIAN BUTTS. (sjb)(No service copies provided. IFP pending) |
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