MURZIKE v. HEWETT et al
| JAMES T MURZIKE |
| G HEWETT, J FRITZ, H GIBSON, M GROOVER, R FLETCHER, J FONROSE, C VIDAL, GAIFF, E SIMS, N VICKERS, KNIGHT, SCOTT, C POTTS, JOHNSON, TURNER, HOPKINS, H PHILLIPS, J SAPP, N MORGAN, J SPRINGER, K NORTHON, M HOLLETT, KIRKLAND, HARRELL, T G LEE, GION, J RAMIREZ, MCKEE, MCCOY, C MICHAEL, A KIRKLAND, SANDERS, J HARTON, W RUMMEL, L ROBISON, S MCCOY, WASHINGTON, MIXION, REVELL, HARRIS and WALKER |
| CALDWELL, T BENNETT, CAMPBELL, ANDREWS, C ANTHONY, SMITH, CHANCE, JANE DOE, CLOUD, J DAVIS, DARGA, BROWN, A COLLINS, K BURRY, B ESTEE, J FERRELL, BISHOP, DUKE, BLAKESLEY, M ALBRO, K DABERKEO and BRIMHAM |
| 4:2025cv00191 |
| April 23, 2025 |
| U.S. District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| M CASEY RODGERS |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 23 MANDATE of USCA as to #18 Notice of Appeal filed by JAMES T MURZIKE. This appeal is DISMISSED for want of prosecution because the appellant JAMES T MURZIKE has failed to pay the filing and docketing fees to the district court and file a Transcript Order Form and failed to comply with the rules on Certificates of Interested Persons and Corporate Disclosure Statements within the time fixed by the rules. (mb) |
| Filing 22 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: #18 Notice of Appeal, Appeal No. 25-12819-G. The entire record on appeal is available electronically. (jcw) |
| Filing 21 USCA Case Number 25-12819-G and PROCEDURAL LETTER re: #18 NOTICE OF APPEAL (jcw) |
| Filing 20 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #18 Notice of Appeal (jcw) |
| Filing 19 Appeal Instructions re: #18 Notice of Appeal : The Transcript Request Form is available on the Internet at https://www.flnd.uscourts.gov/form/eleventh-circuit-transcript-information-form **PLEASE NOTE** Separate forms must be filed for each court reporter in both the district court and the appeals court. Transcript Order Form due by 9/2/2025. (jcw) |
| Set Deadlines re #18 Notice of Appeal : Clerk to check status of Appeal on 11/17/2025. (jcw) |
| Filing 18 NOTICE OF APPEAL as to #17 Clerk's Judgment, #16 Order by JAMES T MURZIKE. ( (Attachments: #1 Notice from USCA) (jcw) |
| Filing 17 CLERK'S JUDGMENT re #16 Order Adopting Report and Recommendation. (90 Day Deadline set for 10/22/2025 to dispose working file pursuant to retention policy). (mb) |
Filing 16
ORDER adopting Magistrate Judge's #9 and Supplemental REPORT AND RECOMMENDATION #11 . The motion to proceed in forma pauperis (Doc. #2 ) is DENIED. The motions for preliminary injunction (Doc. #8 ) and emergency injunction (Docs. #10 and #14 ) are DENIED. The motion to compel (Doc. #13 ) is DENIED. This case is DISMISSED without prejudice pursuant to 28 U.S.C 1915(g) and as malicious pursuant to 28 U.S.C 1915A. The Clerk of Court is directed to terminate any pending motions, enter judgment stating, "This case is dismissed without prejudice pursuant to 28 U.S.C 1915(g) and 1915A(b)(1)," and close this case. Signed by JUDGE M CASEY RODGERS on 7/24/2025. (mb)
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| Filing 15 NOTICE of Change of Address by JAMES T MURZIKE (baf) (Address updated to the following: JAMES T MURZIKE #L07713, FLORIDA STATE PRISON PO BOX 800 RAIFORD, FL 32083.) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #11 SUPPLEMENTAL REPORT AND RECOMMENDATION, #9 AMENDED REPORT AND RECOMMENDATION. ***No objections filed by 5/30/2025 in reference to ECF No. #9 and no objections filed by 6/4/2025 in reference to ECF No. #11 .*** (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #13 MOTION to Compel, #14 EMERGENCY MOTION FOR TEMPORARY INJUNCTION FOR PROTECTION AND RESTRAINING ORDER. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 14 EMERGENCY MOTION FOR TEMPORARY INJUNCTION FOR PROTECTION AND RESTRAINING ORDER by JAMES T MURZIKE. (baf) |
| Filing 13 MOTION to Compel by JAMES T MURZIKE. (baf) |
| Filing 12 NOTICE OF FILING PROVIDED BY THE MIDDLE DISTRICT OF FLORIDA (Attachments: #1 Request for Copies of #1 Complaint) (baf) |
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Filing 11
SUPPLEMENTAL REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that Plaintiff's motion for "emergency injunction," ECF No. #10 , be DENIED. To the extent Plaintiff's "order to show cause for a preliminary injunction and temporary restraining order," ECF No. #8 , could be construed as a motion, it is further RECOMMENDED that it too be DENIED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/7/2025. (baf) R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 6/4/2025.)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #10 MOTION FOR EMERGENCY INJUNCTION. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 10 MOTION FOR EMERGENCY INJUNCTION by JAMES T MURZIKE. (baf) |
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Filing 9
AMENDED REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that Plaintiff's motion to proceed in forma pauperis, ECF No. #2 , be DENIED. It is further RECOMMENDED that this case be DISMISSED without prejudice, 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) and as malicious pursuant to 28 U.S.C 1915A(b)(1). Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/2/25. Internal deadline for referral to district judge if objections are not filed earlier: 5/30/2025. (sjb)
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| Filing 8 MOTION for Preliminary Injunction and Temporary Restraining Order (Titled "Order to Show Cause For An Preliminary Injunction and a Temporary Restraining Order.") by JAMES T MURZIKE. (baf) |
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Filing 7
REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that Plaintiff's motion to proceed in forma pauperis, ECF No. #2 , be DENIED. It is further RECOMMENDED that this case be DISMISSED without prejudice, 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) and as malicious pursuant to 28 U.S.C 1915A(b)(1). Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 4/25/2025. (baf) R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 5/23/2025.) Modified on 5/5/2025 (sjb).
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #8 MOTION for Preliminary Injunction and Temporary Restraining Order. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 6 Notice to Pro Se (baf) (Sent to DOC verified address: Wakulla Annex, 110 Melaleuca Drive Crawfordville, Florida 32327-4963.) |
| Filing 5 Case transferred in from District of Florida Middle; Case Number 3:25-cv-00413. Original file certified copy of transfer order and docket sheet received. |
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Filing 4
ORDER transferring this case to the United States District Court for the Northern District of Florida; directions to the Clerk. Signed by Judge Marcia Morales Howard on 4/22/2025. (CAW) [Transferred from Florida Middle on 4/23/2025.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #2 MOTION to Proceed In Forma Pauperis, #1 Complaint. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 3 PRISONER consent form and financial certificate by James T. Murzike. (JVC) (Additional attachment(s) added on 4/18/2025: #1 Mailing Envelope) (JVC). [Transferred from Florida Middle on 4/23/2025.] |
| Filing 2 MOTION to Proceed In Forma Pauperis by James T. Murzike. (Attachments: #1 Inmate trust fund account statement)(JVC) Motions referred to Magistrate Judge Laura Lothman Lambert. (Additional attachment(s) added on 4/18/2025: #2 Mailing Envelope) (JVC). [Transferred from Florida Middle on 4/23/2025.] |
| Filing 1 COMPLAINT against All Defendants with Jury Demand filed by James T. Murzike. (No service copies provided) (Attachments: #1 Mailing Envelope)(JVC) [Transferred from Florida Middle on 4/23/2025.] |
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