WILLIAMS v. FLORIDA DEPARTMENT OF CORRECTIONS et al
| LARRY JEROME WILLIAMS |
| FLORIDA DEPARTMENT OF CORRECTIONS and PANE |
| 5:2019cv00041 |
| February 11, 2019 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| M CASEY RODGERS |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on April 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 7 REPORT AND RECOMMENDATION: re #4 . This case be DISMISSED WITHOUT PREJUDICE as malicious, pursuant to 28 U.S.C. 1915(e)(2)(B)(i) and 1915A(b)(1). The Clerk of the Court be directed to close the case file. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 3/18/19. Internal deadline for referral to district judge if objections are not filed earlier: 4/15/2019. (mlp) |
Filing 6
ORDER re #5 is GRANTED to the extent that the case may proceed without prepayment of the entire filing fee. Because Plaintiff has no funds accrued in his prison trust fund account, the court will not assess Plaintiff an initial partial filing fee as provided in 28 U.S.C. 1915(b)(1)(A). However, the total filing fee in this case remains $350.00. As funds become available in Plaintiff's prison account, he must make monthly payments of twenty percent (20%) of the preceding month's income (that is, all funds deposited into the account) in each case he has filed in this court. The clerk of court is directed to MAIL a copy of this order, with the appropriate cover letter to: Department of Corrections, 501 South Calhoun St., Tallahassee, FL 32399-2500, Attention: Agency Clerk. In accordance with 28 U.S.C. 636(c)(2), the clerk of court shallforward to Plaintiff a form for consenting to have a United States Magistrate Judge handle proceedings in this action, with the case number written on it. Plaintiff is warned that he is ultimately responsible for payment of the filing fee should the agency with custody over him lapse in its duty to make payments on his behalf. Finally, Plaintiff is advised that dismissal or other disposition of this action will NOT relieve him of the obligation to pay the full filing fee in this case. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 3/6/19. Order and letter mailed to DOC, Agency Clerk as well as form mailed to Plaintiff. (mlp)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by LARRY JEROME WILLIAMS. (mlp) |
| Filing 4 FIRST AMENDED COMPLAINT against All Defendants, filed by LARRY JEROME WILLIAMS. (mlp) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #4 Amended Complaint, #5 MOTION for Leave to Proceed in forma pauperis. Referred to MICHAEL J FRANK. (mlp) |
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Filing 3
ORDER: The clerk shall send Plaintiff: (a) civil rights complaint form for use by prisoners in actions filed under 42 U.S.C. 1983; and (b) a motion to proceed in forma pauperis and a prisoner consent form and financial certificate approved for use in the Northern District. This case number should be written on the forms. Within THIRTY (30) DAYS from the date of docketing of this order, Plaintiff shall either: (a) file a notice of voluntary dismissal under Rule41(a)(1)(A)(i); or (b) file an amended complaint in compliance with this order, which shall be typed or clearly written, submitted on the court form, andmarked "Amended Complaint." Within THIRTY (30) DAYS from the date of docketing of this order, Plaintiff shall: (a) pay the filing fee of $400.00; or (b) submit a fully completed motion to proceed in forma pauperis with the requisite prisoner consent form and financial certificate, including an attached computer printout of the transactions in his prison account during the preceding six-month period. Within SEVEN (7) DAYS of any subsequent change of address, Plaintiff shall inform the clerk of the court of his new address. Such notice shall be labeled "Notice of Change of Address" and shall include this case number on it. Failure to comply with this order likely will result in dismissal of this action for failure to comply with an order of the court, failure to prosecute, and/or failure to pay the filing fee, or properly seek to proceed in forma pauperis. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 2/14/19. (Amended Pleadings due by 3/18/2019., IFP or Fee due by 3/18/2019.)(Forms mailed to Plaintiff as directed). (mlp)
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| Filing 2 Notice to Pro Se mailed. (mlp) |
| Filing 1 COMPLAINT against All Defendants, filed by LARRY JEROME WILLIAMS. No service copies provided and no filing paid. (mlp) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #1 Complaint. Referred to MICHAEL J FRANK. (mlp) |
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