CASEY v. FLORIDA DEPARTMENT OF CORRECTIONS
| BRIAN CASEY |
| FLORIDA DEPARTMENT OF CORRECTIONS |
| 4:2024cv00341 |
| August 26, 2024 |
| U.S. District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| MARK E WALKER |
| Prisoner Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 CLERK'S JUDGMENT pursuant to #6 ORDER ACCEPTING REPORT AND RECOMMENDATION. (baf) |
Filing 6
ORDER ACCEPTING REPORT AND RECOMMENDATION - The report and recommendation, ECF No. #4 , is accepted and adopted, over the Plaintiff's objections, as this Court's opinion. Plaintiff's motion for leave to proceed in forma pauperis, ECF No. #2 , is DENIED because Plaintiff has not alleged sufficient facts to show imminent danger, some of his claims are barred pursuant to 42 U.S.C. 1997e(a) and others are "malicious" because they have been previously dismissed. The Clerk shall enter judgment stating, "Plaintiff's complaint, ECF No. #1 , is DISMISSED." The Clerk shall note on the docket that this case was dismissed pursuant to 28 U.S.C. 1915(g). The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 9/18/2024. (baf)
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| Filing 5 PLAINTIFF'S OBJECTIONS TO MAGISTRATES #4 REPORT AND RECOMMENDATION by BRIAN CASEY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (baf) |
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Filing 4
REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that Plaintiff's motion for leave to proceed with in forma pauperis status, ECF No. #2 , be DENIED because Plaintiff has not alleged sufficient facts to show imminent danger, his claims are barred pursuant to 42 U.S.C. 1997e(a) and are "malicious" because they have been previously dismissed. It is further RECOMMENDED that this case be DISMISSED and the Order adopting this Report and Recommendation should direct the Clerk of Court to note on the docket that this case was dismissed pursuant to 28 U.S.C. 1915(g). Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 8/28/2024. (baf) R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 9/25/2024.) Modified insert hyperlink on 8/29/2024 (baf).
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| Filing 3 Notice to Pro Se (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #2 MOTION for Leave to Proceed in forma pauperis, #1 Complaint. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by BRIAN CASEY. (Attachments: #1 Exhibit A - Trust Fund Account Statements) (baf) |
| Filing 1 COMPLAINT against FLORIDA DEPARTMENT OF CORRECTIONS, filed by BRIAN CASEY. (baf) (No service copies provided.) |
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| Plaintiff: BRIAN CASEY | |
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| Defendant: FLORIDA DEPARTMENT OF CORRECTIONS | |
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