WRIGHT v. STATE OF FLORIDA et al
| ROBERT LEE WRIGHT, III |
| THE STATE OF FLORIDA, HERNANDO COUNTY SHERIFF, LIVE PD and STATE OF FLORIDA |
| 4:2024cv00051 |
| February 5, 2024 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| ALLEN C WINSOR |
| Prisoner Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
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Filing 18
ORDER AND REPORT AND RECOMMENDATION - For the reasons stated, it is respectfully RECOMMENDED that Plaintiff's amended complaint be DISMISSED as barred by Heck v. Humphrey, 512 U.S. 477 (1994). To the extent Plaintiff's application for a certificate of appealability, ECF No. #16 , may be construed as a motion for an evidentiary hearing, the motion should be DENIED. This case should also be DISMISSED because Plaintiff failed to comply with the Court's orders to either file a complete IFP motion or pay the filing fee pursuant to Fed. R. Civ. P. 41(b) and N.D. Fla. L. R. 41.1. It is further recommended that the case be CLOSED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 3/14/2024. (baf) R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 4/11/2024.)
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Filing 17
ORDER AND REPORT AND RECOMMENDATION - Plaintiff's motion to proceed in forma pauperis, ECF No. #15 , is DENIED WITHOUT PREJUDICE. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 3/14/2024. (baf)
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| Filing 16 Application for a Certificate of Appealability by ROBERT LEE WRIGHT, III. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #16 MOTION for Certificate of Appealability. Referred to MARTIN A FITZPATRICK. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #15 MOTION for Leave to Proceed in forma pauperis, #14 FIRST AMENDED COMPLAINT. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis by ROBERT LEE WRIGHT, III. (baf) |
| Filing 14 FIRST AMENDED COMPLAINT against HERNANDO COUNTY SHERIFF, LIVE PD, STATE OF FLORIDA, filed by ROBERT LEE WRIGHT, III. (baf) |
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Filing 13
OMNIBUS ORDER - Plaintiff's motion to proceed in forma pauperis, ECF No. #10 , is DENIED WITHOUT PREJUDICE as incomplete. Plaintiff's motion for the appointment of counsel, ECF No. #11 , is DENIED WITHOUT PREJUDICE as premature. Plaintiff's motion seeking a certificate of appealability, ECF No. #12 , is DENIED WITHOUT PREJUDICE as premature and nonsensical. Plaintiff has until 3/13/2024, to either file a complete IFP application along with the requisite inmate account statements or, alternatively, pay the $405.00 filing fee. The Clerk of Court shall forward to Plaintiff a copy of this Order along with an IFP application for use by a prisoner plaintiff. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 3/4/2024. (baf) (IFP Application for use by prisoner plaintiff has been mailed per order instructions.)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #11 MOTION to Appoint Counsel, #12 MOTION for Certificate of Appealability. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 12 MOTION to Request for Certificate of Appealability by ROBERT LEE WRIGHT, III. (baf) |
| Filing 11 MOTION to Appoint Counsel by ROBERT LEE WRIGHT, III. (baf) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis by ROBERT LEE WRIGHT, III. (baf) |
| Filing 9 FOURTEENTH AMENDED COMPLAINT against HERNANDO COUNTY SHERIFF, LIVE PD, STATE OF FLORIDA, filed by ROBERT LEE WRIGHT, III. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #10 MOTION for Leave to Proceed in forma pauperis, #9 FOURTEENTH AMENDED COMPLAINT. Referred to MARTIN A FITZPATRICK. (baf) |
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Filing 8
ORDER - Plaintiff's "amended complaint," ECF No. #7 , 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. #7 . Plaintiff shall file an amended complaint in accordance with the Court's prior order no later than 3/13/2024. Plaintiff shall either file a proper IFP application or pay the $405 filing fee by 3/13/2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 2/28/2024. (baf)
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| Filing 7 ***STRICKEN PER #8 ORDER*** AMENDED COMPLAINT against All Defendants., filed by ROBERT LEE WRIGHT, III. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #7 Amended Complaint. (baf) |
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Filing 6
ORDER - Plaintiff's motion, ECF No. #5 , 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. #5 . 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 2/21/2024. (baf)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #5 MOTION to Waive Pro Se on 2016 and 2022 Form to Pending Cases. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 5 ***STRICKEN PER #6 ORDER*** MOTION to Waive Pro Se on 2016 and 2022 Form to Pending Cases by ROBERT LEE WRIGHT, III. (Attachments: #1 Order) (baf) |
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Filing 4
ORDER - Plaintiff's filing titled "NDFL Pro SE 14.1," ECF No. #1 , is STRICKEN as an improper filing and will not be considered. The Clerk is directed to STRIKE ECF No. #1 . Plaintiff's motion to proceed IFP, ECF No. #3 , is DENIED WITHOUT PREJUDICE. 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 from Taylor Correctional Institution or, alternatively, pay the $405 filing fee no later than 3/13/2024. No later than March 13, 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 March 13, 2024. The Clerk of Court shall return this file upon receipt of Plaintiffs amended complaint or no later than 3/13/2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 2/14/2024. (baf) (Documents provided by mail per order instructions.)
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| Set Deadlines/Hearings Amended Pleadings due by 3/13/2024. Voluntary Dismissal Due Deadline - by 3/13/2024. (baf) |
| Filing 2 Notice to Pro Se (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #1 Complaint, #3 MOTION for Leave to Proceed in forma pauperis. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by ROBERT LEE WRIGHT, III. (baf) |
| Filing 1 ***STRICKEN PER #4 ORDER*** COMPLAINT against HERNANDO COUNTY SHERIFF, LIVE PD, THE STATE OF FLORIDA, filed by ROBERT LEE WRIGHT, III. (baf) Modified title on 2/14/2024 (baf). |
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