Peacock v. Ras et al
| William Peacock |
| Dariusz Ras, Pedro Cabrera, Jose Pinto-Gonzalez and Rick Magliane |
| 0:2018cv62087 |
| September 4, 2018 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Patrick A White |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on October 30, 2018. A more recent docket listing may be available from PACER.
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| Filing 11 PAPERLESS Case No Longer Referred to Magistrate Judge Patrick A. White/Case Closed by the District Judge. Signed by Magistrate Judge Patrick A. White on 10/30/18. (br) |
Filing 10
ORDER Adopting #5 Report and Recommendations on #1 Complaint. Because Plaintiff's claims are not yet ripe, this Court DISMISSES without prejudice the Complaint under 28 U.S.C. 1915A(b). Closing Case. Signed by Judge Marcia G. Cooke on 10/22/2018. See attached document for full details. (chd)
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| Filing 9 OBJECTIONS to #5 Report and Recommendations by William Peacock. (mee) (Main Document 9 replaced due to original document to light on 10/2/2018) (nc). Modified docket text on 10/2/2018 (nc). |
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Filing 8
PAPERLESS ORDER denying #7 Motion to Appoint Counsel. This Cause is before the Court upon the motion of the plaintiff for appointment of counsel.The Court is not unmindful that the plaintiff is an indigent who has been permitted to proceed without prepayment of fees and costs pursuant to 28 U.S.C. l9l5(a). For that reason the prepayment of all filing and service fees has been waived and the Court has and will continue to make all of the services of Court functionaries available to the plaintiff without prepayment of fees and costs. It cannot, however, appoint a lawyer to represent the plaintiff, since there is no provision under the law for such appointment. Mallard v. U.S. District Court for the Southern District of Iowa, 490 U.S. 296 (1989).This is not a criminal case in which the Sixth Amendment guarantees an indigent full access to the public fisc to assure justice. It is a private civil suit. Prisoners bringing such suits are required to bear their own expenses if they seek counsel, just as is any private litigant.Under compelling circumstances, the Court can request a lawyer to represent an indigent civil plaintiff pursuant to 28 U.S.C. l9l5(d). Any lawyer who agrees to undertake such representation must bear all his or her own expenses, such as travel expenses, and can receive no compensation unless the plaintiff ultimately prevails in the case. If the plaintiff does prevail, the Court can award a reasonable attorney's fee as part of the costs, pursuant to 42 U.S.C. l988.The Court has reviewed this case and finds that no compelling circumstances require the extraordinary procedure of seeking counsel for the plaintiff. Signed by Magistrate Judge Patrick A. White on 9/21/2018. (jbr)
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| Filing 7 MOTION to Appoint Counsel by William Peacock. Responses due by 10/4/2018 (cqs) |
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Filing 6
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Plaintiff to Proceed without Prepayment of Filing Fee but Establishing Debt to Clerk of $350.00. Granting to the extent that the plaintiff need not prepay even a partial filing fee in this case, or to prepay costs such as for service of process. USM Service NOT Ordered. Signed by Magistrate Judge Patrick A. White on 9/12/2018. See attached document for full details. (fbn)
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| Filing 5 REPORT AND RECOMMENDATIONS RE DISMISSAL 28 U.S.C. 1915A(b) on 42 USC 1983 case re #1 Complaint 42 USC 1983 or Bivens filed by William Peacock; Recommending that this complaint be dismissed pursuant to 28 U.S.C. 1915A(b) in that the plaintiff has raised claims that are not ripe for review during the pendency of his state criminal prosecution. Objections to R&R due by 9/20/2018. Signed by Magistrate Judge Patrick A. White on 9/6/2018. See attached document for full details. (fbn) |
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Filing 4
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Patrick A. White on 9/6/2018. See attached document for full details. (fbn)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by William Peacock. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (kpe) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Pedro Cabrera, Rick Magliane, Jose Pinto-Gonzalez, Dariusz Ras. Filing fee $ 350.00. IFP Filed, filed by William Peacock.(kpe) |
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