WILEY v. BUSH et al
| OSCAR WILEY |
| JEB BUSH and FLORIDA DEPARTMENT OF CORRECTIONS |
| 4:2023cv00515 |
| December 4, 2023 |
| U.S. District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| ALLEN C WINSOR |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 2, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 CLERK'S JUDGMENT re #6 ORDER ADOPTING #4 REPORT AND RECOMMENDATION. (kdm) |
Filing 6
ORDER ADOPTING #4 REPORT AND RECOMMENDATION. Signed by JUDGE ALLEN C WINSOR on 1/2/2024. The clerk will enter a judgment that says, "This case is dismissed without prejudice for failure to pay the filing fee." The clerk will then close the file. (kdm)
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| Set Deadline - Miscellaneous Deadline to destroy entire hard documents case file if no appeal is filed - by 4/2/2024. (kdm) |
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Filing 5
ORDER - Plaintiff's motion to proceed in forma pauperis, ECF No. #2 , is DENIED as incomplete. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/5/2023. (baf)
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| Filing 4 REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that the case be DISMISSED without prejudice under the three-strikes provision of 28 U.S.C. 1915(g) because Plaintiff did not pay the filing fee at the time he initiated this case and fails to meet the imminent danger exception. In addition, because Plaintiff affirmatively misrepresented his federal litigation history under the penalty of perjury, the case should be DISMISSED as malicious and counts as a strike. Finally, it is further RECOMMENDED that the case be CLOSED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/5/2023. (baf) R&R flag set. ( Internal deadline for referral to district judge if objections are not filed earlier: 1/2/2024.) |
| Filing 3 Notice to Pro Se (baf) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by OSCAR WILEY. (baf) |
| Filing 1 COMPLAINT against JEB BUSH, FLORIDA DEPARTMENT OF CORRECTIONS, filed by OSCAR WILEY. (No service copies provided. No filing fee received.) (baf) |
| 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. (baf) |
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