AVERY v. FLORIDA DEPARTMENT OF CORRECTIONS et al
| MARQUAVIOUS AVERY |
| FLORIDA DEPARTMENT OF CORRECTIONS, STEVEN GARDNER and DAVID MADDOX |
| 5:2025cv00282 |
| October 3, 2025 |
| U.S. District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| T KENT WETHERELL |
| Prisoner Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2026. A more recent docket listing may be available from PACER.
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| Filing 14 Mail Returned as Undeliverable. Mail sent to MARQUAVIOUS AVERY Re: #12 Order, #13 CLERK'S JUDGMENT. (Clerk will resend docs to Plaintiff at: Graceville Correctional Facility, 5168 Ezell Road, Graceville, FL 32440, per FLDOC website.) (jfj) |
| Filing 13 CLERK'S JUDGMENT entered pursuant to #12 Order. (jfj) |
Filing 12
ORDER. The magistrate judge's Report and Recommendation (Doc. #10 ) is adopted and incorporated by reference in this Order. This case is DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim on which relief can be granted. The Clerk shall enter judgment in accordance with this Order and close the case file. Signed by JUDGE T KENT WETHERELL II on 01/16/26. (jfj)
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| Filing 11 PLAINTIFF'S OBJECTION TO THE #10 REPORT AND RECOMMENDATION by MARQUAVIOUS AVERY. (baf) (Three service copies provided and will be stored in the Tallahassee division.) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #11 PLAINTIFF'S OBJECTION TO THE #10 REPORT AND RECOMMENDATION. (baf) |
| Filing 10 REPORT AND RECOMMENDATION re #8 Amended Complaint. Thus, the undersigned respectfully RECOMMENDS that the District Court: DISMISS this civil action under 28 U.S.C. 1915A(b) for failure to state a claim on which relief can be granted. DIRECT the clerk of court to enter judgment accordingly and close this case file. (Internal deadline for referral to district judge if objections are not filed earlier: 1/15/2026.) Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 12/18/2025. (jcw) |
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Filing 9
ORDER finding as moot #7 Motion for Extension of Time to File Amended Complaint. Plaintiff filed his amended complaint before the November 10, 2025 deadline. See Doc. 8. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on November 7, 2025. (jw)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #8 Amended Complaint, #7 MOTION for Extension of Time. Referred to MICHAEL J FRANK. (jcw) |
| Filing 8 FIRST AMENDED COMPLAINT against STEVEN GARDNER, DAVID MADDOX, filed by MARQUAVIOUS AVERY. (2 service copies filed in Tallahassee Clerk's Office.) (jcw) |
| Filing 7 MOTION for Extension of Time as to #6 Order. by MARQUAVIOUS AVERY. (jcw) |
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Filing 6
ORDER. The clerk of court shall forward to Plaintiff the following: a notice of voluntary dismissal form; AND a prisoner civil rights complaint form. This case number should be written on the forms. In addition, the words "Amended Complaint" should be written on the complaint form. On or before NOVEMBER 10, 2025, Plaintiff shall file: a notice of voluntary dismissal; OR an amended complaint that is typed or clearly written and submitted on the Northern District's form. Plaintiff's failure to comply with this order likely will result in this case being dismissed for failure to prosecute and failure to comply with an order of this court. Plaintiff's motion for preliminary injunction, Doc. #4 , is DENIED without prejudice in light of this order requiring Plaintiff to replead. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 10/10/25. (Forms sent as directed.) (jfj)
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| Set Deadline RE #6 ORDER - Amended Complaint or Notice of Voluntary Dismissal due by 11/10/2025. (jfj) |
| Filing 5 Notice to Pro Se (jcw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #2 Complaint, #4 MOTION for Preliminary Injunction, 1 Filing Fee Received. Referred to MICHAEL J FRANK. (jcw) |
| Filing 4 MOTION for Preliminary Injunction by MARQUAVIOUS AVERY. (Attachments: #1 Declaration in Support) (jcw) |
| Filing 3 CIVIL COVER SHEET. (jcw) |
| Filing 2 COMPLAINT against APALACHEE CORRECTIONAL INSTITUTION, FLORIDA DEPARTMENT OF CORRECTIONS, STEVEN GARDNER, DAVID MADDOX, filed by MARQUAVIOUS AVERY. (Filing fee was paid. No service copies filed.) (jcw) |
| Filing 1 Filing fee: $ 405.00, receipt number 400005817. Fee status updated to paid. (sjb) |
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