NELSON v. PARKER et al
| MICHAEL W NELSON |
| STEVEN PARKER, JULIE L. JONES, STATE CLASSIFICATION OFFICER, MARTIN CORRECTIONAL INSTITUION, CAPTAIN, ROBERT BRYNER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, JOHN HOLTZ, WARDEN, MARTIN CORRECTIONAL INSTITUTION, ASSISTANT WARDEN, MARTIN CORRECTIONAL INSTITUTION, Sergeant EVERETT and JULIE L JONES |
| 5:2018cv00264 |
| December 7, 2018 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| M CASEY RODGERS |
| Prisoner Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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| Filing 70 ACKNOWLEDGMENT re 69 Case Transferred Out to Another District. Case transferred from Florida Northern has been opened in Southern District of Florida as case 2:19cv14045, filed 2/12/2019. (MB) |
| Filing 69 Interdistrict Transfer to the Southern District of Florida Fort Pierce located at Southern District of Florida, Fort Pierce Division, Alto Lee Adams, Sr. US Courthouse, 101 South US Hwy 1, Ft. Pierce, FL 34950. (MB) |
Filing 68
ORDER adopting Magistrate Judge's #66 REPORT AND RECOMMENDATION. This case is transferred to the United States District Court for the Southern District of Florida. Clerk of the court for the United States District Court for the Northern District of Florida is directed to close the file for this case. Signed by JUDGE M CASEY RODGERS on 2/11/2019. (MB)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #66 REPORT AND RECOMMENDATION re #1 Complaint, filed by MICHAEL W NELSON. (mlp) |
| Filing 67 AFFIDAVIT in Support re #65 MOTION for Preliminary Injunction filed by MICHAEL W NELSON. (jcw) |
| Filing 66 REPORT AND RECOMMENDATION re #1 Complaint, filed by MICHAEL W NELSON - It is recommended That this case, including Plaintiff's motions for a preliminary injunction, be TRANSFERRED TO USDC FOR SOUTHERN DISTRICT OF FLORIDA. That the clerk of court for the Northern District of Florida be directed to close the file. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 1/9/19. Internal deadline for referral to district judge if objections are not filed earlier: 2/6/2019. R&R flag set. (mlp) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #65 MOTION for Preliminary Injunction. Referred to MICHAEL J FRANK. (jcw) |
| Filing 65 MOTION for Preliminary Injunction by MICHAEL W NELSON. (jcw) |
| Filing 64 NOTICE of Change of Address by MICHAEL W NELSON. Address updated to MOORE HAVEN CORRECTIONAL FACILITY, PO BOX 719001, MOORE HAVEN, FL 33471. (jcw) |
| MOTIONS REFERRED to Magistrate Judge re #56 Motion for Preliminary Injunction, #59 Motion for Preliminary Injunction. Referred to MICHAEL J FRANK. (jcw) |
| Filing 63 Notice to Pro Se (jcw) |
| Filing 62 Case transferred in from District of Florida Southern; Case Number 2:17-cv-14218. Original file certified copy of transfer order and docket sheet received. |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #56 MOTION for Preliminary Injunction, #59 MOTION for Preliminary Injunction, #62 Case Transferred In - District Transfer. (jcw) |
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Filing 61
ORDER ADOPTING REPORT AND RECOMMENDATIONS RE #58 Report and Recommendations.** Plaintiffs Motion for a Preliminary Injunction [DE 56] and Request for a Preliminary Injunction [DE 59] are TRANSFERRED to the United States District Court for the Northern District of Florida for further proceedings** Signed by Judge Robin L. Rosenberg on 12/3/2018. See attached document for full details. (ail) [Transferred from Florida Southern on 12/7/2018.]
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| SYSTEM ENTRY - Case 2:17-cv-14218 electronically transferred out to Florida Northern. (ail) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 60 OBJECTIONS to #26 Report and Recommendations by Michael W. Nelson. (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 59 Request for Preliminary Injunction by Michael W. Nelson. (vmz) **TRANSFERRED TO UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA** (ail). [Transferred from Florida Southern on 12/7/2018.] |
| Filing 58 REPORT AND RECOMMENDATIONS RE: TRANSFER OF MOTION FOR PRELIMINARY INJUNCTION TO CORRECT VENUE on 42 USC 1983 case re #56 MOTION for Preliminary Injunction, #57 MOTION for Hearing filed by Michael W. Nelson; Recommending that the motion for preliminary injunction (DE#56 ) be transferred to the United States District Court for the Northern District of Florida. The underlying section 1983 complaint will remain in this court. In light of the recommendation of transfer it is also recommended that the plaintiff's motion for hearing (DE#57 ) be denied without prejudice to refiling in the Northern District of Florida. Objections to R&R due by 11/27/2018. Signed by Magistrate Judge Patrick A. White on 11/13/2018. See attached document for full details. (fbn) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 57 MOTION for Hearing as to #56 MOTION for Preliminary Injunction by Michael W. Nelson. (Copy of Docket Sheet Mailed) (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 56 MOTION for Preliminary Injunction by Michael W. Nelson. (vmz) (ail). **TRANSFERRED TO UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA** [Transferred from Florida Southern on 12/7/2018.] |
| Filing 55 NOTICE of Change of Address by Michael W. Nelson (System Updated And Copy of Docket Sheet Sent) (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 54 Summons Issued as to Steven Parker. (vmz) [Transferred from Florida Southern on 12/7/2018.] |
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Filing 53
ORDER RE SERVICE OF PROCESS REQUIRING PERSONAL SERVICE UPON AN INDIVIDUAL: Steven Parker, State Classification Officer. Signed by Magistrate Judge Patrick A. White on 10/4/2018. See attached document for full details. (fbn) [Transferred from Florida Southern on 12/7/2018.]
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| Filing 52 AFFIDAVIT by Michael W. Nelson (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 51 ADVISEMENT AFFIDAVIT by Michael W. Nelson (vmz) [Transferred from Florida Southern on 12/7/2018.] |
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Filing 50
PAPERLESS ORDER denying #49 Motion for Default Judgment. The motion for default against defendant Jimmy Parker is denied. Contrary to the plaintiff's assertions, this defendant has not been served and no waiver of service has been filed with the court. Signed by Magistrate Judge Patrick A. White on 8/23/2018. (jbr) [Transferred from Florida Southern on 12/7/2018.]
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| Filing 49 MOTION for Default Judgment by Michael W. Nelson. (asl) [Transferred from Florida Southern on 12/7/2018.] |
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Filing 48
PAPERLESS ORDER striking #43 Motion to Produce. The plaintiff's first request for production of documents is stricken. The plaintiff is advised that such requests should be served upon the defendants and not filed with the court. Signed by Magistrate Judge Patrick A. White on 8/16/2018. (jbr) [Transferred from Florida Southern on 12/7/2018.]
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Filing 47
PAPERLESS ORDER denying #42 Motion Appointment of Investigator. The plaintiff motion for appointment of a court investigator to locate Jimmy Parker is denied. The unexecuted return of service for this defendant indicates that no such person was ever employed as a classification officer. The return shows that there is classification officer named Steven Parker. The plaintiff shall advise the court if he has misnamed the defendant and if so whether service should be effected upon Steven Parker on or before August 31, 2018. If no response is filed defendant Jimmy Parker will be dismissed as a party. Signed by Magistrate Judge Patrick A. White on 8/16/2018. (jbr) [Transferred from Florida Southern on 12/7/2018.]
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| Filing 46 Clerks Non-Entry of Default as to Jimmy Parker - Motions Terminated: #45 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 7/17/2018. (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 45 MOTION/Declaration for Clerks Entry of Default as to Jimmy Parker by Michael W. Nelson. (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 44 NOTICE of Filing: Plaintiffs First Set of Interrogatories by Michael W. Nelson (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 43 First Request For Production Of Documents by Michael W. Nelson. (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 42 MOTION for Appointment of Investigator by Michael W. Nelson. (mc) [Transferred from Florida Southern on 12/7/2018.] |
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Filing 41
PAPERLESS ORDER denying #40 Motion to Appoint Counsel. The motion to appoint counsel is denied. This is not a criminal case in which the Sixth Amendment guarantees an indigent full access to the public fisc to assure justice. It is a private civil suit. Prisoners bringing such suits are required to bear their own expenses if they seek counsel, just as is any private litigant.Under compelling circumstances, the Court can request a lawyer to represent an indigent civil plaintiff pursuant to 28 U.S.C. l9l5(d). Any lawyer who agrees to undertake such representation must bear all his or her own expenses, such as travel expenses, and can receive no compensation unless the plaintiff ultimately prevails in the case. If the plaintiff does prevail, the Court can award a reasonable attorney's fee as part of the costs, pursuant to 42 U.S.C. l988. The Court has reviewed this case and finds that no compelling circumstances require the extraordinary procedure of seeking counsel for the plaintiff. Signed by Magistrate Judge Patrick A. White on 5/3/2018. (jbr) [Transferred from Florida Southern on 12/7/2018.]
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| Filing 40 MOTION For Appointment of Counsel by Michael W. Nelson. Responses due by 5/8/2018 (vmz) [Transferred from Florida Southern on 12/7/2018.] |
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Filing 39
PAPERLESS ORDER denying #38 Motion for Writ. The plaimtiff's motion for writ of attachment against Jimmy Parker is denied. There is no basis for a writ of attachment against defendant Parker. Signed by Magistrate Judge Patrick A. White on 4/16/2018. (jbr) [Transferred from Florida Southern on 12/7/2018.]
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| Filing 38 MOTION for Writ of Attachment/Affidavit by Michael W. Nelson. Responses due by 4/30/2018 (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 37 NOTICE of Inquiry Affidavit by Michael W. Nelson (Copy of Docket Sheet Sent) (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 36 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Robert Bryner, John Holtz. Attorney Tiernan Cole added to party Robert Bryner(pty:dft), Attorney Tiernan Cole added to party John Holtz(pty:dft). (Cole, Tiernan) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 35 SUMMONS (Affidavit) Returned Executed on #25 Amended Complaint with a 21 day response/answer filing deadline Robert Bryner served on 2/2/2018, answer due 2/23/2018. (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 34 SUMMONS (Affidavit) Returned Executed on #25 Amended Complaint with a 21 day response/answer filing deadline John Holtz served on 2/1/2018, answer due 2/22/2018. (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 33 Summons (Affidavit) Returned Unexecuted as to Jimmy Parker. (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 32 Writ of Attachment Affidavit signed by : Michael Wayne Nelson. by Michael W. Nelson (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 31 Summons Issued as to John Holtz, Jimmy Parker.See image D.E. #30 (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 30 Summons Issued as to Warden, Martin Correctional Institution. (vmz) [Transferred from Florida Southern on 12/7/2018.] |
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Filing 29
ORDER RE SERVICE OF PROCESS REQUIRING PERSONAL SERVICE UPON AN INDIVIDUAL: Jimmy Parker, Robert Bryner, and John Holtz. Signed by Magistrate Judge Patrick A. White on 1/8/2018. (fbn) [Transferred from Florida Southern on 12/7/2018.]
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Filing 28
PAPERLESS ORDER Adopting #26 Report and Recommendations. Accordingly, it is ORDERED AND ADJUDGED that (1) the claim of failure to protect against defendants Parker, Bryner and Holtz in their individual capacities is permitted to go forward; (2) the claim against Jones is dismissed for failure to state a claim; (3) the Attorney General's Office is dismissed for lack of any allegations; and (4) the claim that the plaintiff was denied access to courts is denied for failure to state a claim. Signed by Judge Robin L. Rosenberg on 12/21/2017. (bkd) [Transferred from Florida Southern on 12/7/2018.]
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| Filing 27 AFFIDAVIT OBJECTIONS to #26 Report and Recommendations by Michael W. Nelson. (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 26 PRELIMINARY REPORT AND RECOMMENDATIONS on 42 USC 1983 case re #1 Complaint 42 USC 1983 or Bivens, filed by Michael W. Nelson; Recommending that: (1) the claim of failure to protect against defendants Parker, Bryner and Holtz in their individual capacities be permitted to go forward; (2) the claim against Jones be dismissed for failure to state a claim; (3) the Attorney Generals Office be dismissed for lack of any allegations; and (4) the claim that the plaintiff was denied access to courts be denied for failure to state a claim. Objections to R&R due by 12/12/2017. Signed by Magistrate Judge Patrick A. White on 11/28/2017. (fbn) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 25 AMENDED COMPLAINT against All Defendants, filed by Michael W. Nelson.(lan) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 24 Restricted Image Modified on 9/27/2017 (lan). [Transferred from Florida Southern on 12/7/2018.] |
| Filing 23 Clerks Notice of Receipt of Filing Fee received on 9/20/2017 in the amount of $ 350.00, receipt number FLS100150425 (vt) [Transferred from Florida Southern on 12/7/2018.] |
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Filing 22
ORDER DENYING IN FORMA PAUPERIS APPLICATION denying #12 Motion for Leave to Proceed in forma pauperis. On or before September 12, 2017, the plaintiff shall pay the Clerks filing fee of $350.00. Responses due by 9/12/2017. Signed by Magistrate Judge Patrick A. White on 8/29/2017. (fbn) [Transferred from Florida Southern on 12/7/2018.]
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Filing 21
ORDER TO AMEND on or before September 21, 2017, the plaintiff shall file an amended complaint providing a short and plain statement of a claim, a basis for federal jurisdiction, and a demand for judgment. The plaintiff shall be provided a form complaint for use. Signed by Magistrate Judge Patrick A. White on 8/29/2017. (fbn) [Transferred from Florida Southern on 12/7/2018.]
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Filing 20
PAPERLESS ORDER denying #8 Motion for Referral to Volunteer Attorney Program. The motion is premature. The plaintiff has not yet paid the filing fee and has been ordered to file a second amended complaint. Signed by Magistrate Judge Patrick A. White on 8/29/2017. (jbr) [Transferred from Florida Southern on 12/7/2018.]
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| Filing 19 NOTICE of Inquiry by Michael W. Nelson (Docket Sheet Sent) (lan) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 18 NOTICE of Change of Address by Michael W. Nelson (System Updated) (lan) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 17 NOTICE/ REQUESTING PROTECTIVE CUSTODY by Michael W. Nelson (lan) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 16 NOTICE to Court of Amendment by Michael W. Nelson re #15 Amended Complaint (lan) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 15 AMENDED COMPLAINT against Julie L. Jones, Jimmy Parker, John Holtz, Robert Bryner, filed by Michael W. Nelson, Julie L. Jones, Jimmy Parker, John Holtz, Robert Bryner.(lan) (Main Document 15 replaced with complete image on 8/28/2017) (ail). [Transferred from Florida Southern on 12/7/2018.] |
| Filing 14 NOTICE of Change of Address by Michael W. Nelson (System Updated) (lan) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 13 Clerks Notice of Docket Correction re #12 MOTION for Leave to Proceed in forma pauperis. Correction: Image replaced with complete copy. SEE ATTACHED for Image (ail) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Michael W. Nelson. (lan) (Main Document 12 replaced with complete image on 7/14/2017(envelope added) (ail). [Transferred from Florida Southern on 12/7/2018.] |
| Filing 11 NOTICE of Filing by Michael W. Nelson (lan) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE re #9 Order to Show Cause by Secretary, Florida Department of Corrections. (Attachments: #1 Affidavit Warden Holtz)(Cole, Tiernan) [Transferred from Florida Southern on 12/7/2018.] |
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Filing 9
ORDER TO SHOW CAUSE WHY TRO OR PRELIMINARY INJUNCTION SHOULD NOT BE GRANTED. Show Cause Response due by 7/7/2017. Signed by Magistrate Judge Patrick A. White on 6/27/2017. (fbn) [Transferred from Florida Southern on 12/7/2018.]
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| Filing 8 MOTION for Referral to Volunteer Attorney Program by Michael W. Nelson. (lan) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 7 Letter Re: Mail Situation and Physical Danger from Michael W. Nelson (lan) [Transferred from Florida Southern on 12/7/2018.] |
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Filing 6
ORDER TO AMEND COMPLAINT on or before July 21, 2017, the plaintiff shall file an amended complaint providing a short and plain statement of a claim, a basis for federal jurisdiction, and a demand for judgment. The plaintiff shall be provided a form complaint for use., ( Amended Complaint due by 7/21/2017.) Signed by Magistrate Judge Patrick A. White on 6/21/2017. (fbn) [Transferred from Florida Southern on 12/7/2018.]
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Filing 5
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Patrick A. White on 6/21/2017. (fbn) [Transferred from Florida Southern on 12/7/2018.]
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Filing 4
ORDER REQUIRING PAYMENT OF FILING FEE OR FILING OF MOTION TO PROCEED IFP WITH DETAILED AFFIDAVIT. Filing Fee due by 7/7/2017. Motions due by 7/7/2017. Signed by Magistrate Judge Patrick A. White on 6/21/2017. (Attachments: #1 IFP Form) (fbn) [Transferred from Florida Southern on 12/7/2018.]
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| Filing 3 Clerks Notice of Judge Assignment to Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (vmz) [Transferred from Florida Southern on 12/7/2018.] |
| Filing 2 Judge Assignment to Judge Robin L. Rosenberg. (jc). [Transferred from Florida Southern on 12/7/2018.] |
| Filing 1 Complaint pursuant to 42 USC 1983 against Assistant Warden, Martin Correctional Institution, Captain, Everett, Secretary, Florida Department of Corrections, State Classification Officer, Martin Correctional Instituion, Warden, Martin Correctional Institution. Filing fee $ 350.00 No Filing Fee/No I.F.P., filed by Michael W. Nelson. (Attachments: #1 Appendix)(vmz) [Transferred from Florida Southern on 12/7/2018.] |
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