WRIGHT v. IRS DEPARTMENT OF THE TREASURY
| ROBERT LEE WRIGHT III and ROBERT LEE WRIGHT, III |
| THE IRS DEPARTMENT OF THE TREASURY and IRS DEPARTMENT OF THE TREASURY |
| 4:2024cv00017 |
| January 10, 2024 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| WILLIAM STAFFORD |
| Prisoner Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 13
REPORT AND RECOMMENDATION - For the reasons stated, it is respectfully RECOMMENDED that Plaintiff's amended complaint be DISMISSED for failure to state a claim because the complaint is a shotgun pleading, as malicious, and for failing 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.). The dismissal should count as a "strike" pursuant to either 28 U.S.C. 1915(e)((2)(B)(i) or (ii). It is further recommended that the case be CLOSED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 3/8/24. Internal deadline for referral to district judge if objections are not filed earlier: 4/5/2024. (sjb)
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Filing 12
ORDER - Plaintiff's motion titled, "Under 218 F.3d 1017, 1025 (9th Cir. 2000) Motion is for a Request for the Appoin[t]ment of Counsel Fed. R. Civ. P. 72(b)(2); 326 U.S. 620, 623 (1946); 737 F.2d 171, 774 (8th Cir. 1984)," ECF No. #10 , is DENIED WITHOUT PREJUDICE. Plaintiff's motion titled "Motion to Request for Certificate of Appealability Pursuant to 524 U.S. 236, 247, 118 S. Ct. 1969, 1975, 141. Ed. 2d 242, 256 (1998); 134 F.3d 1000, 1002-05 (10th Cir. (1996) 737 F.2d 771, 774 (8th Cir. 1984)," ECF No. #11 , is DENIED WITHOUT PREJUDICE. The time for Plaintiff to either file a complete IFP motion or pay the $405 filing fee ended on February 16, 2024. ECF Nos. #3 , #5 . Nonetheless, the Court will provide Plaintiff one final opportunity to comply with the Court's prior order, until March 18, 2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 3/5/24. (sjb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #10 MOTION to Appoint Counsel, #11 MOTION for Certificate of Appealability. Referred to MARTIN A FITZPATRICK. (sjb) |
| Set Deadlines/Hearings Fee due by 3/18/2024. Motions due by 3/18/2024. (sjb) |
| Filing 11 MOTION for Certificate of Appealability by ROBERT LEE WRIGHT, III. (sjb) |
| Filing 10 MOTION IS FOR REQUEST FOR THE APPOINTMENT OF COUNSEL by ROBERT LEE WRIGHT, III. (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #3 Order ( No fee or ifp received) (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #9 Amended Complaint. (sjb) |
| Filing 9 FIRST AMENDED COMPLAINT against IRS DEPARTMENT OF THE TREASURY, filed by ROBERT LEE WRIGHT, III. (sjb) |
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Filing 8
ORDER - Plaintiff's motion and proposed order, ECF Nos. #6 and #7 , are STRICKEN and will not be considered because they do not comport with the Rules governing this proceeding. The Clerk of Court shall STRIKE ECF Nos. #6 and #7 . 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 2/22/24. (sjb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #7 MOTION TO WAIVE/WAIVER PRO SE ON 2016 AND 2022 FORM/WAIVE, WAIVER PRO SE TO PENDING CASES ETC, #6 MOTION TO WAIVE/WAIVER PRO SE ON A CASE, PENDING CASES. Referred to MARTIN A FITZPATRICK. (sjb) |
| Filing 7 *** STRICKEN PER #8 ORDER *** MOTION TO WAIVE/WAIVER PRO SE ON 2016 AND 2022 FORM/WAIVE, WAIVER PRO SE TO PENDING CASES ETC by ROBERT LEE WRIGHT, III. (sjb) Modified on 2/22/2024 (sjb). |
| Filing 6 *** STRICKEN PER #8 ORDER *** MOTION TO WAIVE/WAIVER PRO SE ON A CASE, PENDING CASES by ROBERT LEE WRIGHT, III. (sjb) Modified on 2/22/2024 (sjb). |
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Filing 5
ORDER - "The Eighth Amendment, Amended Complaint," ECF No. #4 , is STRICKEN as an improper pleading. The Clerk shall STRIKE ECF No. #4 . The Clerk of Court shall return this file upon receipt of Plaintif's amended complaint or no later than 2/16/2024. Amended Pleadings due by 2/16/2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 2/7/24. (sjb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #4 EIGHTH AMENDED COMPLAINT. (baf) |
| Filing 4 *** STRICKEN PER #5 ORDER *** EIGHTH AMENDED COMPLAINT against All Defendants, filed by ROBERT LEE WRIGHT, III. (baf) (No service copies provded.) (Main Document 4 replaced on 2/7/2024) (baf). Modified on 2/7/2024 (sjb). |
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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 2/16/2024. No later than 2/16/2024, 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 2/16/2024. The Clerk of Court shall return this file upon receipt of Plaintiffs amended complaint or no later than 2/16/2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 1/16/2024. (rcb)**FORMS FORWARDED AS DIRECTED**
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| Filing 2 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. (sjb) |
| Filing 1 COMPLAINT against THE IRS DEPARTMENT OF THE TREASURY, filed by ROBERT LEE WRIGHT III. (sjb) |
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