KILLICK v. SCHMIDT et al
| ADAM KILLICK |
| CARRIE ROANE, JIMMY FASIG, CHARLES BENEDICT and ERIC SCMIDT |
| 5:2023cv00203 |
| July 27, 2023 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| ALLEN C WINSOR |
| Civil Rights: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 14 REPORT AND RECOMMENDATION re #11 Amended Complaint. Because the doctrines of claim preclusion and issue preclusion bar Plaintiff from pursuing this civil action, the undersigned respectfully recommends that the District Court: DISMISS this action pursuant to 28 U.S.C. 1915(e)(2)(B). DIRECT the clerk of the court to close this case file. (Internal deadline for referral to district judge if objections are not filed earlier: 10/19/2023.) Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 9/21/2023. (jcw) |
Filing 13
ORDER granting #8 Motion for Leave to Proceed in forma pauperis. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 8/21/2023. (jcw)
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Filing 12
ORDER vacating #9 Report and Recommendation; granting #10 Motion to Amend. Plaintiff's proposed amended complaint, Doc. #11 , will be the operative pleading. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 8/18/2023. (jcw)
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| Filing 11 SECOND AMENDED COMPLAINT against All Defendants., filed by ADAM KILLICK. (jcw) Modified on 8/21/2023 (jcw). |
| Filing 10 MOTION TO DROP PARTIES UNDER THE RULES OF CIVIL PROCEDURE by ADAM KILLICK. (jcw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #11 Proposed Amended Complaint, #10 MOTION TO DROP PARTIES UNDER THE RULES OF CIVIL PROCEDURE. Referred to MICHAEL J FRANK. (jcw) |
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Filing 9
***VACATED PER #12 ORDER***REPORT AND RECOMMENDATION re #7 Amended Complaint. Because it is apparent from the face of Plaintiff's first amended complaint that the diversity-of-citizenship requirement is not satisfied in this action, the undersigned respectfully RECOMMENDS that the District Court: DISMISS this action without prejudice for lack of subject-matter jurisdiction. Order the clerk of the court to close this case. (Internal deadline for referral to district judge if objections are not filed earlier: 9/8/2023.) Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 8/11/2023. (jcw) Modified on 8/21/2023 (jcw).
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| Filing 8 MOTION for Leave to Proceed in forma pauperis by ADAM KILLICK. (jcw) |
| Filing 7 FIRST AMENDED COMPLAINT against CHARLES BENEDICT, JIMMY FASIG, CARRIE ROANE, ERIC SMIDT, filed by ADAM KILLICK. (No service copies filed.) (jcw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #7 Amended Complaint, #8 MOTION for Leave to Proceed in forma pauperis. Referred to MICHAEL J FRANK. (jcw) |
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Filing 6
ORDER. Plaintiff's motion for leave to proceed in forma pauperis, Doc. #2 , is DENIED without prejudice. On or before August 24, 2023, Plaintiff shall file: a notice of voluntary dismissal; or a complaint, titled First Amended Complaint, that adequately sets forth the basis for the District Court to exercise subject-matter jurisdiction over this action. This amended complaint must be accompanied by the filing fee or a fully-completed motion for leave to proceed in forma pauperis. (Please see order.)( Fee due by 8/24/2023.) Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 08/03/2023. (alb)
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| Set Deadlines/Hearings re #6 Order. Amended Pleadings due by 8/24/2023. (alb) |
| Filing 5 MOTION to Appoint Counsel by ADAM KILLICK. (jcw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #5 MOTION to Appoint Counsel. Referred to MICHAEL J FRANK. (jcw) |
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Filing 4
ORDER OF DISQUALIFICATION: Based on this Court's review of the complaint, ECF No. #1 , and the several allegations regarding the undersigned's actions in another case, I hereby disqualify myself from this matter pursuant to 28 U.S.C. 455. Signed by CHIEF JUDGE MARK E WALKER on 7/31/2023. (jcw)(Case reassigned to JUDGE ALLEN C WINSOR for all further proceedings. CHIEF JUDGE MARK E WALKER no longer assigned to case.)
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| Filing 3 Notice to Pro Se Litigant. (alb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #1 Complaint, #2 MOTION for Leave to Proceed in forma pauperis. Referred to MICHAEL J FRANK. (alb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by ADAM KILLICK. (alb) |
| Filing 1 COMPLAINT against CHARLES BENEDICT, JIMMY FASIG, CARRIE ROANE, filed by ADAM KILLICK. (No service copies.) (alb) |
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