HEYWOOD v. DIXON et al
| JEREMIAH THOMAS HEYWOOD |
| RICKY D DIXON, GARY HEWETT and L STETLER |
| 4:2023cv00474 |
| October 31, 2023 |
| U.S. District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| ALLEN C WINSOR |
| Prisoner Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 2, 2024. A more recent docket listing may be available from PACER.
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Filing 12
REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that this case be DISMISSED WITHOUT PREJUDICE for failure to state a claim. It is also recommended that the case be CLOSED and that the Order adopting this Report and Recommendation direct the Clerk of Court to note on the docket that this cause was dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and counts as a strike. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/29/2023. (baf) R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 1/26/2024.)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #11 Second Amended Complaint. (kjw) |
| Filing 11 SECOND AMENDED COMPLAINT against RICKY D DIXON, GARY HEWETT, L STETLER, filed by JEREMIAH THOMAS HEYWOOD. (kjw) |
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Filing 10
ORDER GRANTING #8 LEAVE TO PROCEED IN FORMA PAUPERIS. Plaintiff's motion to proceed in forma pauperis, ECF No. #8 , is GRANTED to the extent that the case may proceed without prepayment of the entire filing fee. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/8/2023. (rcb)
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Filing 9
ORDER. The Clerk of Court shall forward to Plaintiff a copy of this Order along with a civil rights compliant form for use by a prisoner plaintiff. Plaintiff shall have until 12/26/2023, to file a second 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, 12/26/2023. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than 12/26/2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/8/2023. (rcb)**FORM FORWARDED AS DIRECTED**
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #8 AMENDED MOTION TO PROCEED IN FORMA PAUPERIS, #7 FIRST AMENDED COMPLAINT. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 8 AMENDED MOTION TO PROCEED IN FORMA PAUPERIS by JEREMIAH THOMAS HEYWOOD. (rcb) |
| Filing 7 FIRST AMENDED COMPLAINT against All Defendants All Defendants., filed by JEREMIAH THOMAS HEYWOOD. (rcb)** NO SERVICE COPY RECEIVED** |
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Filing 6
ORDER. Plaintiff's "Motion for Extension of Time," ECF No. #5 , is GRANTED. Plaintiff shall file an amended civil rights complaint form no later than December 26, 2023 The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than December 26, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/6/2023. (rcb)
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| Set Deadline- Notify Chambers /Amended Pleadings due by 12/26/2023. (rcb) Modified to reset deadline on 12/5/2023 (rcb). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #5 MOTION FOR EXTENSION OF TIME. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 5 MOTION FOR EXTENSION OF TIME by JEREMIAH THOMAS HEYWOOD. (rcb) |
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Filing 4
ORDER. Plaintiff's motion to proceed in forma pauperis, ECF No. #2 , is DENIED as incomplete. The Clerk of Court shall forward to Plaintiff a copy of this Order along with a civil rights compliant form and an IFP application for use by a prisoner plaintiff. Plaintiff must file a complete IFP application along with the requisite inmate account statements or, alternatively, pay the $402 filing fee no later than December 6, 2023. Plaintiff shall have until December 6, 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, December 6, 2023. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than December 6, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 11/6/2023. (rcb) **ECF #4 , IFP/1983 FORM FORWARDED AS DIRECTED**
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| Set Deadlines-Re: #4 - Notify Chambers on /Amended Pleadings /Filing Fee/Notice of Voluntary Dismissal/IFP Motion due by 12/6/2023. (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: #2 MOTION for Leave to Proceed in forma pauperis, #1 Complaint. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 2 MOTION to Proceed in forma pauperis by JEREMIAH THOMAS HEYWOOD. (rcb) |
| Filing 1 COMPLAINT against All Defendants, filed by JEREMIAH THOMAS HEYWOOD. (rcb)**NO SERVICE COPY RECEIVED** |
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