THOMAS v. KELLY et al
| XAVIER I THOMAS |
| K CLACK, C ALDAY and R KELLY |
| 4:2025cv00448 |
| October 20, 2025 |
| U.S. District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| ALLEN C WINSOR |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 17, 2026. A more recent docket listing may be available from PACER.
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| Filing 19 NOTICE of Appearance by BRIAN C KERI on behalf of C ALDAY, K CLACK (KERI, BRIAN) |
| Filing 18 NOTICE of Change of Address by XAVIER I THOMAS (baf) (Address updated to the following: XAVIER I THOMAS #148989, WAKULLA CORRECTIONAL INSTITUTION ANNEX, 110 MELALEUCA DRIVE CRAWFORDVILLE, FL 32327.) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #18 Notice of Change of Address. (baf) |
| Filing 17 DOCKET ANNOTATION BY COURT: The clerk's office in the Tallahassee division received one additional service copy of #7 FIRST AMENDED COMPLAINT. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 17 DOCKET ANNOTATION BY COURT: The clerk's office in the Tallahassee division received one additional service copy of #7 FIRST AMENDED COMPLAINT. (baf) |
| Filing 16 Summons Issued as to C ALDAY, K CLACK, R KELLY. (baf) |
Filing 15
ORDER - Plaintiff's motion for an extension of time, ECF No. #14 , is DENIED. The Clerk of Court shall make a copy of Plaintiff's amended complaint, ECF No. #7 , and provide that copy to the USMS along with the two service copies, ECF No. 13 , submitted by Plaintiff. The docket shall reflect there are three Defendants in this action: Captain R. Kelly, Assistant Warden K. Clack, and Classification Officer C. Alday. The Clerk shall issue summonses for the three named Defendants, indicating that Defendants have sixty (60) days in which to file a response to the complaint, and refer the summonses to the USMS, along with the service copies of Plaintiff's amended complaint, ECF No. #7 . The Clerk shall also prepare and send the USMS a copy of this Order for each of the named Defendants and one for use by USMS. In accordance with 28 U.S.C. 636(c)(2), the Clerk shall forward to Plaintiff a form for consenting to trial by the magistrate judge with this case number written on it. The Clerk of Court shall return this file upon the filing of a return of service, a notice of appearance, or no later than May 1, 2026. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 3/3/2026. (baf) (One copy of ECF No. #7 along with the service copies provided to the USMS. Summonses issued for all three defendant's. Copy of this order provided for each defendant and one additional copy provided for the USMS. Form consenting to trial by magistrate sent to plaintiff by mail.
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| Set/Reset #15 deadline: Notify Chambers on 5/1/2026. (baf) |
| Filing 14 MOTION TO ASK COURTS FOR EXTENSION OF TIME by XAVIER I THOMAS. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #14 MOTION TO ASK COURTS FOR EXTENSION OF TIME. Referred to MARTIN A FITZPATRICK. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 13 DOCKET ANNOTATION BY COURT: The clerk's office in the Tallahassee division received two service copies of #7 FIRST AMENDED COMPLAINT. ***One service copy missing to be in compliance with #12 ORDER.*** (baf) |
| Filing 13 DOCKET ANNOTATION BY COURT: The clerk's office in the Tallahassee division received two service copies of #7 FIRST AMENDED COMPLAINT. (baf) |
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Filing 12
ORDER - Plaintiff's motion for a copy of his amended complaint and an extension of time, ECF No. #11 , is GRANTED. The Clerk of Court shall provide Plaintiff with an identical copy of his amended complaint, ECF No. #7 . Plaintiff has until February 27, 2026, to provide the Court with three identical copies of his amended complaint for service on the Defendants. The Clerk of Court shall return this file upon Plaintiff's compliance with this Order, or no later than February 27, 2026. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 1/29/2026. (baf) (Copy of ECF No. #7 provided to plaintiff by mail.)
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| Set #12 deadlines: Notify Chambers on 2/27/2026. Service Copies due by 2/27/2026. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #11 MOTION TO RECEIVE ACCESS TO AMENDED COMPLAINT AND TO GRANT PLAINTIFF AN EXTENSION OF TIME. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 11 MOTION TO RECEIVE ACCESS TO AMENDED COMPLAINT AND TO GRANT PLAINTIFF AN EXTENSION OF TIME by XAVIER I THOMAS. (baf) |
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Filing 10
ORDER - The Clerk of Court shall provide Plaintiff with a courtesy copy of the prior Order, ECF No. #8 , at his new address of record. Plaintiff has until 2/6/2026, to provide the Court with three identical copies of his amended complaint for service on the Defendants. The Clerk of Court shall return this file upon Plaintiff's compliance with this Order, or no later than 2/6/2026. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 1/14/2026. (baf) (Copy of ECF No. #8 provided to plaintiff with this order.)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #9 Notice of Change of Address. (baf) |
| Filing 9 NOTICE of Change of Address by XAVIER I THOMAS (baf) (Address updated to reflect the following: XAVIER I THOMAS #148989RMC LAKE BUTLER MAIN UNIT, 7765 S CR 231 LAKE BUTLER, FL 32054.) |
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Filing 8
ORDER - Plaintiff has until 2/6/2026, to provide the Court with three identical copies of his amended complaint for service on the Defendants. The Clerk of Court shall return this file upon Plaintiff's compliance with this Order, or no later than 2/6/2026. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 1/6/2026. (baf)
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| Filing 7 FIRST AMENDED COMPLAINT against C ALDAY, K CLACK, R KELLY, filed by XAVIER I THOMAS. (baf) (No service copies provided.) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #7 FIRST AMENDED COMPLAINT. (baf) |
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Filing 6
ORDER - The Clerk of Court shall forward to Plaintiff a 1983 complaint form so that Plaintiff can file the amended complaint as explained above. Plaintiff shall have until 1/7/2026, to file an amended civil rights complaint, which shall be typed or clearly written and submitted on court forms. The Clerk of Court shall return this file upon submission of Plaintiffs amended complaint, or no later than 1/7/2026. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/4/2025. (baf) (Complaint form sent by mail.)
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| Filing 5 Initial partial filing fee: $ 14.33, receipt number 400006180. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #5 Filing Fee Received. (baf) |
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Filing 4
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS - Plaintiff is GRANTED leave to proceed in forma pauperis based on the submission of his Trust Fund Account Statement, ECF No. #2 , and is not required to prepay the full amount of the filing fee. Plaintiff is assessed an initial partial filing fee of $14.33 based on the monthly deposits in Plaintiff's inmate Trust Fund Account for the preceding six months as required by 28 U.S.C. 1915(b)(1)(A). The filing fee is reduced to $350.00. Plaintiff has until 11/24/2025, to submit the initial partial filing fee. The Clerk of Court shall mail this Order with an appropriate cover letter to: Department of Corrections, Office of the General Counsel, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The Clerk of Court shall return this file upon payment of the assessed initial partial filing fee. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/22/2025. (baf) (Appropriate cover letter sent to the Department of Corrections.)
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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: #1 COMPLAINT, #2 PRISONER CONSENT FORM & FINANCIAL CERTIFICATE. (baf) |
| Filing 2 PRISONER CONSENT FORM & FINANCIAL CERTIFICATE by XAVIER I THOMAS. (baf) |
| Filing 1 COMPLAINT against C ALDAY, K CLACK, K KELLY, filed by XAVIER I THOMAS. (baf) (No service copies provided. No filing fee or complete IFP application received.) |
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