THOMAS v. BAKER et al
| OLIVER THOMAS |
| CAPTAIN BAKER and MALTOS |
| 5:2025cv00364 |
| December 23, 2025 |
| U.S. District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| M CASEY RODGERS |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 10 CLERK'S JUDGMENT entered pursuant to #9 Order. (jfj) |
Filing 9
ORDER. The Magistrate Judge's Report and Recommendation, ECF No. #8 , is adopted and incorporated by reference in this order. Plaintiff's section 1983 claims are DISMISSED pursuant to 28 U.S.C.1915A(b)(1) for failure to state a plausible claim for relief. Plaintiff's state law claim is DISMISSED without prejudice. The Clerk is directed to close the case file. Signed by JUDGE M CASEY RODGERS on 05/04/26. (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #8 REPORT AND RECOMMENDATION. Objections to R&R Due 03/05/2026. (Objections not filed.) (jfj) |
| Filing 8 REPORT AND RECOMMENDATION re #1 Complaint. Because Plaintiff fails to state a plausible 1983 claim for relief, the undersigned respectfully recommends that the District Court: DISMISS with prejudice Plaintiff's section 1983 claims pursuant to 28 U.S.C. 1915A(b)(1); DECLINE to exercise supplemental jurisdiction over Plaintiff's state law claim and DISMISS without prejudice those claims; and DIRECT the clerk of the court to close the case file. (Internal deadline for referral to district judge if objections are not filed earlier: 3/5/2026.) Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 2/5/2026. (jcw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #6 Order on Motion for Leave to Proceed in forma pauperis, 7 Initial Partial Filing Fee Received. (mb) |
| Filing 7 Initial Partial Filing fee: $ 39.67, receipt number DFLN300002195. (BAL. $310.33). (mb) |
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Filing 6
ORDER. Plaintiff's motion to proceed in forma pauperis, Doc. #5 , is GRANTED to the extent that the case may proceed without prepayment of the entire filing fee. The clerk of the court shall assess Plaintiff $39.67 as an initial partial filing fee as provided in 28 U.S.C. 1915(b)(1)(A). The total filing fee for this case is $350.00. On or before February 17, 2026, Plaintiff shall submit the initial partial filing fee as assessed by the clerk of the court. The clerk of the court is directed to MAIL a copy of this order, with the appropriate cover letter to: Department of Corrections. No further action shall be taken with regard to Plaintiff's claims until the initial partial filing fee is received. Plaintiff also 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. (SEE FULL ORDER) Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 01/16/26. (Initial Partial Filing Fee due by 2/17/2026.) (Documents mailed as directed.) (jfj)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by OLIVER THOMAS. (jcw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #5 MOTION for Leave to Proceed in forma pauperis. Referred to MICHAEL J FRANK. (jcw) |
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Filing 4
ORDER. Plaintiff's motion to proceed in forma pauperis, Doc. #2 , is DENIED without prejudice. The clerk of the court is directed to send to Plaintiff: a notice of voluntary dismissal form; and a form application to proceed in forma pauperis. This case number should be written on the form. On or before January 29, 2026, Plaintiff shall submit: a notice of voluntary dismissal; or a fully completed application to proceed in forma pauperis. Within SEVEN DAYS of any change of Plaintiff's address, Plaintiff shall inform the clerk of the court of Plaintiff's new address. Such notice shall be labeled "Notice of Change of Address" and shall include this case number on it. Plaintiff's failure to comply timely with this order-including the failure to apprise the clerk of the court timely of any change of address-likely will result in dismissal of this case for failure to comply with an order of this court, failure to pay the filing fee, and failure to prosecute. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 12/30/25. (Notice of Voluntary Dismissal or IFP Motion due by 1/29/2026.) (Forms sent as directed.) (jfj)
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| Filing 3 Notice to Pro Se (jcw) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by OLIVER THOMAS. (jcw) |
| Filing 1 COMPLAINT against BAKER, MALTOS, filed by OLIVER THOMAS. (Filing fee was not paid. No service copies filed.) (jcw) |
| 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. (jcw) |
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