WRIGHT v. MCHENRY et al
| ROBERT LEE WRIGHT, ROBERT LEE WRIGHT, III and ROBERT L WRIGHT |
| S C MCHENRY, MR LAROCHELLE, STERLING HICKERSON JR, DEBORAH NOVELLI, LAROCHELLE, STERLING HICKERSON, JR, GARY LAROCHELLE, ELIZABETH DONOVAN, FEDERALS OFFICIALS BIVENS CASE and TONY GILLILAND |
| 4:2024cv00006 |
| January 10, 2024 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| MARK E WALKER |
| Prisoner Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
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| Filing 20 MOTION IS FOR A REQUEST FOR THE APPOINTMENT OF COUNSEL by ROBERT LEE WRIGHT, III. (rcb) |
| Filing 19 MOTION TO REQUEST FOR CERTIFICATE OF APPEALABILTY by ROBERT LEE WRIGHT, III. (rcb) |
| Filing 18 FIRST AMENDED COMPLAINT against All Defendants., filed by ROBERT LEE WRIGHT, III. (rcb)**NO SERVICE COPY RECEIVED** |
| Set/Reset Deadlines as to #19 MOTION for Certificate of Appealability, #20 MOTION to Appoint Counsel. (Internal deadline for referral to judge if response not filed earlier: 3/15/2024). (rcb) |
Filing 17
REPORT AND RECOMMENDATION. For the reasons stated, it is respectfully RECOMMENDED that Plaintiff's amended complaint be DISMISSED for failure to comply with court orders 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."). It is further recommended that the case be CLOSED. Internal deadline for referral to district judge if objections are not filed earlier: 3/28/2024. R&R flag set. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 2/29/2024. (rcb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #16 ORDER. (rcb)**AMENDED COMPLAINT/FILING FEE NOT RECEIVED BY 2/16/2024** |
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Filing 16
ORDER. Plaintiff's motion, ECF No. #15 , is STRICKEN, and will not be considered because it does not comport with the Rules governing this proceeding. The Clerk of Court shall STRIKE ECF No. #15 . Plaintiff SHALL NOT submit pleadings with multiple case numbers in the case style. Pleadings containing multiple case numbers will not be considered and will not be docketed. The Clerk of Court shall return to Plaintiff any pleading containing multiple case numbers as an improper filing. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 2/22/2024. (rcb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #15 MOTION TO WAIVE/WAIVER PRO SE ON 2016 AND 2022 FORM/WAIVE, WAIVER PRO SE TO PENDING CASES ETC. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 15 MOTION TO WAIVE/WAIVER PRO SE ON 2016 AND 2022 FORM/WAIVE, WAIVER PRO SE TO PENDING CASES ETC by ROBERT LEE WRIGHT, III. (Attachments: #1 PROPOSED ORDER) (rcb) |
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Filing 14
ORDER. "The Eighth Amendment, Amended Complaint", ECF No. #13 , is STRICKEN as an improper pleading and will not be considered. The Clerk shall STRIKE ECF No. #13 . Plaintiff has until 2/16/2024, to file an amended complaint on the proper form and either file a complete IFP application or the $405 filing fee in accordance with the Courts prior order, ECF No. #3 . The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than 2/16/2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 2/9/2024. (rcb)
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| Filing 13 **STRICKEN PER #14 **THE EIGHTH AMENDED, AMENDMENT COMPLAINT WITH ATTACHMENTS by ROBERT LEE WRIGHT, III (rcb) Modified to edit title on 2/9/2024 (rcb). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #13 THE EIGHTH AMENDED, AMENDMENT COMPLAINT. (rcb) |
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Filing 12
ORDER. "The Eighth Amendment, Amended Complaint," ECF No. #6 , is STRICKEN as an improper pleading. Plaintiffs "Amendment Complaint, Complaint for Violation of Civil Rights," ECF No. #7 , is STRICKEN as an improper pleading. Plaintiff's "Motion for Permission to Appeal In Forma Pauperis and Affidavit," ECF No. #8 , is STRICKEN as an improper pleading. Plaintiff's Affidavit of Indigency," ECF No. #9 is STRICKEN as an improper pleading. "The Eighth Amendment Complaint Civil Rights Complaint Form," ECF No. #10 , is STRICKEN as an improper pleading. Plaintiff's "Motion to Proceed in Forma Pauperis," ECF No. #11 , is DENIED as incomplete. The Clerk shall STRIKE ECF Nos. #6 , #7 , #8 , #9 , and #10 . Plaintiff has until February 12, 2024, to file an amended complaint on the proper form and either file a complete IFP application or the $405 filing fee in accordance with the Courts prior order, ECF No. #3 .The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than February 12, 2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 2/6/2024. (rcb)
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| Set Deadline- Re: #12 - Notify Chambers /Amended Pleading /Filing Fee due by 2/12/2024. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #7 FIRST AMENDED COMPLAINT, #6 THE EIGHTH AMENDMENT AMENDED COMPLAINT, #8 MOTION FOR PERMISSION TO APPEAL IN FORMA PAUPERIS AND AFFIDAVIT, #9 AFFIDAVIT OF INDIGENCY. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 11 MOTION TO PROCEED IN FORMA PAUPERIS by ROBERT LEE WRIGHT, III. (rcb) |
| Filing 10 **STRICKEN PER #12 ** DOCUMENT TITLED (EIGHTH AMENDMENT COMPLAINT) AMENDMENT COMPLAINT against All Defendants filed by ROBERT LEE WRIGHT, III. (rcb)**NO SERVICE COPY RECEIVED** Modified to add "stricken" language on 2/7/2024 (rcb). |
| Filing 9 **STRICKEN PER #12 ** AFFIDAVIT OF INDIGENCY by ROBERT LEE WRIGHT, III (rcb) Modified to add "stricken" language on 2/7/2024 (rcb). |
| Filing 8 **STRICKEN PER #12 ** MOTION FOR PERMISSION TO APPEAL IN FORMA PAUPERIS AND AFFIDAVIT by ROBERT LEE WRIGHT, III. (rcb) Modified to add "stricken" language on 2/7/2024 (rcb). |
| Filing 7 **STRICKEN PER #12 ** FIRST AMENDED COMPLAINT against All Defendants., filed by ROBERT LEE WRIGHT, III. (rcb)**NO SERVICE COPY RECEIVED** Modified to add "stricken" language on 2/7/2024 (rcb). |
| Filing 6 **STRICKEN PER #12 **DOCUMENT TITLED THE EIGHTH AMENDMENT/ AMENDED COMPLAINT against All Defendants. filed by ROBERT LEE WRIGHT, III. (rcb) Modified to add "stricken" language on 2/7/2024 (rcb). |
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Filing 5
ORDER. Plaintiffs letter, ECF No. #4 , is STRICKEN as an improper filing. The Clerk of Court shall STRIKE ECF No. #4 . As previously directed by the Court, Plaintiff must file an amended complaint and complete IFP application or, alternatively, pay the $405 filing fee by February 12, 2024. 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, February 12, 2024. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than February 12, 2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 1/23/2024. (rcb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #4 MOTION TO HEAR AND RULE. Referred to MARTIN A FITZPATRICK. (rcb) |
| Set Deadline-Re: #5 Notify Chambers / Amended Pleadings /Filing Fee/Notice of Voluntary Dismissal 2/12/2024. (rcb) |
| Filing 4 MOTION TO HEAR AND RULE by ROBERT LEE WRIGHT III. (rcb) |
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Filing 3
ORDER. 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 file a complete IFP application along with the requisite inmate account statements or, alternatively, pay the $405 filing fee no later than 2/12/2024. No later than 2/12/2024, Plaintiff shall 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 2/12/2024. The Clerk of Court shall return this file upon receipt of Plaintiffs amended complaint or no later than 2/12/2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 1/12/2024. (rcb)**FORMS 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: #1 NDFL PRO SE 14.1 DUE PROCESS OF LAW COMPLAINT UNDER THE CIVIL RIGHTS ACT 42 USC 1983. (rcb) |
| Filing 2 Notice to Pro Se (rcb) |
| Filing 1 NDFL PRO SE 14.1 DUE PROCESS OF LAW COMPLAINT UNDER THE CIVIL RIGHTS ACT 42 USC 1983 against All Defendants, filed by ROBERT LEE WRIGHT. (rcb)**NO SERVICE COPY/FILING FEE RECEIVED** |
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