GOMEZ v. KEY et al
| MAXIMO GOMEZ |
| DANIELLE MARIE KEY, CHRISOTPHER HELMS, J HATCHER and CHRISTOPHER HELMS |
| 5:2024cv00042 |
| February 15, 2024 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| MARK E WALKER |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 22 USCA Acknowledgment #21 Notice of Appeal USCA Appeal # 24-11007-C. (rcb) |
| Filing 20 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #21 Notice of Appeal. (rcb) Modified to update link for Notice of Appeal on 4/3/2024 (rcb). |
| Set Deadlines re #21 Notice of Appeal. Clerk to check status of Appeal on 7/1/2024. Certificate of Readiness (FRAP 11) due by 4/16/2024. (rcb) Modified to update link for Notice of Appeal on 4/3/2024 (rcb). |
| Filing 21 NOTICE OF APPEAL as to #12 Clerk's Judgment. (rcb) |
Filing 19
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION - Plaintiff's motion, ECF No. #18 , is DENIED. The Clerk must close the file. Signed by CHIEF JUDGE MARK E WALKER on 4/1/2024. (baf)
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| Filing 18 MOTION for Reconsideration Hearing/Memo of Law by MAXIMO GOMEZ. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #18 MOTION for Reconsideration Hearing/Memo of Law. Referred to MICHAEL J FRANK. (rcb) |
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Filing 17
ORDER STRIKING PLAINTIFF'S "ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER". Accordingly, Plaintiff's "Order to Show Cause and Temporary Restraining Order," ECF No. #16 , is STRICKEN. The clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 3/15/2024. (jcw)
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| Filing 16 ***STRICKEN PER #17 ORDER*** NOTICE titled "ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER" by MAXIMO GOMEZ (jcw) Modified on 3/15/2024 (jcw). |
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Filing 15
ORDER STRIKING APPEAL INSTRUCTIONS AND NOTIFYING PLAINTIFF ABOUT DEFICIENCY IN HIS NOTICE OF APPEAL re #13 Appeal Instructions, #5 REPORT AND RECOMMENDATION, #10 Notice of Appeal. The appeal instructions this Court issued to Plaintiff, ECF No. #13 , are STRICKEN. If Plaintiff wishes to appeal the dismissal of his caseset out in this Court's order adopting the Report and Recommendation, ECF No. #11 he must file a separate notice of appeal of that order.. Signed by CHIEF JUDGE MARK E WALKER on 3/14/2024. (jcw)(cc: USCA)
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| Filing 14 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #10 Notice of Appeal ; (jcw) |
| Filing 13 ***STRICKEN PER #15 ORDER*** Appeal Instructions re: #10 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 3/28/2024. (jcw) Modified on 3/14/2024 (jcw). |
| Filing 12 CLERK'S JUDGMENT entered pursuant to #11 ORDER ACCEPTING REPORT AND RECOMMENDATION (jcw) |
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Filing 11
ORDER ACCEPTING REPORT AND RECOMMENDATION re adopting #5 Report and Recommendation, denying #8 Motion to Amend. The Clerk shall enter judgment stating, "Plaintiff's complaint, ECF No. #1 , is DISMISSED without prejudice as malicious under 28 U.S.C. 1915(e)(2)(B)(i) because Plaintiff affirmatively misrepresented his federal litigation history under the penalty of perjury." The Clerk shall note on the docket that this cause was dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(i) and counts as a strike. The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 3/13/2024. (jcw)
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| Filing 10 NOTICE OF APPEAL as to #5 REPORT AND RECOMMENDATION by MAXIMO GOMEZ. (jcw) |
| Filing 9 PROPOSED AMENDED COMPLAINT against All Defendants., filed by MAXIMO GOMEZ. (jcw) |
| Filing 8 MOTION FOR LEAVE TO AMEND COMPLAINT by MAXIMO GOMEZ. (jcw) |
| Filing 7 OBJECTION to #5 Report and Recommendations by MAXIMO GOMEZ. (jcw) |
| Filing 6 NOTICE of Change of Address by MAXIMO GOMEZ (Address updated to RECEPTION AND MEDICAL CENTER, PO BOX 628, LAKE BUTLER, FL 32054. Re-mailed #5 Report and Recommendation) (jcw) |
| Filing 5 REPORT AND RECOMMENDATION re #1 Complaint. For the reasons set forth above, the undersigned respectfully RECOMMENDS that the District Court: DISMISS this case without prejudice, pursuant to 28 U.S.C. 1915A(b)(1) and 1915(e)(2)(B)(i), for maliciousness and abuse of the judicial process. DIRECT the clerk of the court to close this case. (Internal deadline for referral to district judge if objections are not filed earlier: 3/21/2024.) Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 2/20/2024. (jcw) |
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. 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). The clerk of the court shall 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. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 2/20/2024. (jcw)(cc: FDOC)
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| Filing 3 Notice to Pro Se (jcw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #2 APPLICATION TO PROCEED IN FORMA PAUPERIS, #1 Complaint. Referred to MICHAEL J FRANK. (jcw) |
| Filing 2 APPLICATION TO PROCEED IN FORMA PAUPERIS by MAXIMO GOMEZ. (jcw) |
| Filing 1 COMPLAINT against J HATCHER, CHRISTOPHER HELMS, DANIELLE MARIE KEY, filed by MAXIMO GOMEZ. (Filing fee was not paid. No service copies filed.) (jcw) |
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