Smith v. Israel et al
| Kenneth M Smith |
| Athol Clayton, J Greene, R Foust, Deputy R. Maynes, Officer Scott Israel, G. Powell and Deputy C. Anda |
| 0:2018cv62098 |
| September 5, 2018 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Patrick A White |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 24 Summons Issued as to R. Maynes. (vmz) |
| Filing 23 Summons Issued as to G. Powell. (vmz) |
| Filing 22 Summons Issued as to J Greene. (vmz) |
| Filing 21 Summons Issued as to C. Anda. (vmz) |
| Filing 20 Summons Issued as to R Foust. (vmz) |
| Filing 19 Summons Issued as to Athol Clayton. (vmz) |
Filing 18
ORDER RE SERVICE OF PROCESS REQUIRING PERSONAL SERVICE UPON AN INDIVIDUAL: Lieutenant R. Foust, Sergeant A. Clayton, Deputy J. Greene, Deputy D. Powell, Deputy C. Anda, and Deputy R. Maynes. Signed by Magistrate Judge Patrick A. White on 10/25/2018. See attached document for full details. (fbn)
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Filing 17
ORDER Adopting #6 Report and Recommendations. Signed by Judge Beth Bloom on 10/22/2018. See attached document for full details. (vmz)
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Filing 16
PAPERLESS ORDER denying #15 Motion for Subpoena. The motion for the issuance of subpoenas is denied as premature. The screening report is pending review. Signed by Magistrate Judge Patrick A. White on 10/22/2018. (jbr)
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| Filing 15 MOTION For Issuance of Subpoena by Kenneth M Smith. (vmz) |
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Filing 14
PAPERLESS ORDER denying #10 Motion to Produce. The plaintiff has filed a request for production. The plaintiff is advised that the complaint has not yet been served on the defendants and his request for production is premature. Upon service of the complaint and the filing of an answer a scheduling order will be entered setting a discovery schedule. The plaintiff is advised to refer to the Federal Rules of Civil Procedure before filing papers with the court. Frivolous filings will not be tolerated and will in all likelihood be stricken. Signed by Magistrate Judge Patrick A. White on 10/15/2018. (jbr)
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Filing 12
PAPERLESS ORDER denying #9 Motion to Amend/Correct. The plaintiff wishes to amend his complaint to remove defendant Scott Israel as a defendant. The undersigned has entered a report recommending that Israel be dismissed as a defendant. The motion to amend is denied as moot. Signed by Magistrate Judge Patrick A. White on 10/15/2018. (jbr)
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| Filing 13 NOTICE of Filing: Proposed Order by Kenneth M Smith (vmz) |
| Filing 11 NOTICE of Filing: Plaintiffs First Set of Interrogatories by Kenneth M Smith (vmz) |
| Filing 10 Plaintiff's First Request for Production of Documents by Kenneth M Smith. (vmz) |
| Filing 9 MOTION to Amend #1 Complaint 42 USC 1983 or Bivens by Kenneth M Smith. Responses due by 10/26/2018 (Attachments: #1 Summon(s))(vmz) |
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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. Should developments in the case alter that assessment at a later time, appropriate steps will be taken. The motion for appointment of counsel is denied. Signed by Magistrate Judge Patrick A. White on 10/11/2018. (jbr)
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| Filing 7 MOTION for Appointment of Counsel by Kenneth M Smith. Responses due by 10/19/2018 (vmz) |
| Filing 6 PRELIMINARY REPORT AND RECOMMENDATIONS on 42 USC 1983 case re #1 Complaint 42 USC 1983 or Bivens filed by Kenneth M Smith; Recommending: 1) The claims of excessive use of force against Lieutenant R. Foust, Sergeant A. Clayton, Deputy C. Anda, Deputy J. Greene, Deputy G. Powell and Deputy R. Maynes should proceed; 2) The claims against the Sheriff Scott Israel should be dismissed. 3) The request for a temporary injunction should be denied. Objections to R&R due by 10/15/2018. Signed by Magistrate Judge Patrick A. White on 10/1/2018. See attached document for full details. (fbn) |
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Filing 5
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 9/7/2018. 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 9/7/2018. See attached document for full details. (fbn)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Kenneth M Smith. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom 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. (mee) |
| Filing 1 Complaint pursuant to 42 USC 1983 against C. Anda, Athol Clayton, R Foust, J Greene, Scott Israel, R. Maynes, G. Powell. Filing fee $ 350.00. IFP Filed, filed by Kenneth M Smith.(mee) |
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