WRIGHT v. YOUNG
| ROBERT LEE WRIGHT, III |
| YOUNG |
| 4:2024cv00060 |
| February 2, 2024 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| WILLIAM STAFFORD |
| Prisoner Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 10
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. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 3/20/24. Internal deadline for referral to district judge if objections are not filed earlier: 4/17/2024. (sjb)
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Filing 9
ORDER - Plaintiff's motion titled, Under 218 F. 3d 1017, 1025 (9th Cir. 2000) Motion Is For A Request For The Appointment 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. #7 , is DENIED WITHOUT PREJUDICE. Plaintiffs 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. #8 , is DENIED WITHOUT PREJUDICE. Plaintiff has until March 13, 2024, to either file a complete IFP application along with the requisite inmate account statements or, alternatively, pay the $405.00 filing fee. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 3/5/24. (sjb)
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| Set Deadlines/Hearings Fee due by 3/13/2024. Motions due by 3/13/2024. (sjb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #7 MOTION to Appoint Counsel, #8 MOTION for Certificate of Appealability. Referred to MARTIN A FITZPATRICK. (sjb) |
| Filing 8 MOTION for Certificate of Appealability by ROBERT LEE WRIGHT, III. (sjb) |
| Filing 7 MOTION IS FOR A REQUEST FOR THE APPOINTMENT OF COUNSEL by ROBERT LEE WRIGHT, III. (sjb) |
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Filing 6
ORDER - The Clerk of Court shall STRIKE ECF Nos. #4 and #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 2/22/24. (sjb)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #4 MOTION TO WAIVE / WAIVER PRO SE ON A CASE, PENDING CASES., #5 MOTION TO WAIVE/WAIVER PRO SE ON 2016 AND 2022 FORM/WAIVE, WAIVER PRO SE TO PENDING CASES ETC. Referred to MARTIN A FITZPATRICK. (sjb) |
| Filing 5 *** STRICKEN PER #6 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 4 *** STRICKEN PER #6 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 3
ORDER - Plaintiff's filing titled "The Eighth Amendment, Amended Complaint," is STRICKEN as an improper filing and will not be considered. The Clerk is directed to STRIKE ECF No. #1 . 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. The Clerk of Court shall return this file upon receipt of Plaintiff's amended complaint or no later than 3/13/2024. Amended Pleadings due by 3/13/2024. Fee due by 3/13/2024. Miscellaneous Deadline - by 3/13/2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 2/14/24. (sjb)
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| 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 EIGHT AMENDED COMPLAINT. (baf) |
| Filing 1 EIGHT AMENDED COMPLAINT against YOUNG, filed by ROBERT LEE WRIGHT, III. (baf) (No service copies. No filing fee or IFP motion.) |
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| Plaintiff: ROBERT LEE WRIGHT, III | |
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| Defendant: YOUNG | |
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